Craigslist, Inc. v. Papp

Filing 24

ORDER re 18 Plaintiff's Second Proposed Discovery Plan. Signed by Magistrate Judge Donna M. Ryu on 05/10/2013. (dmrlc1, COURT STAFF) (Filed on 5/10/2013)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 CRAIGSLIST INC, 11 For the Northern District of California United States District Court 10 Plaintiff, v. 12 ORDER REGARDING PLAINTIFF’S SECOND PROPOSED DISCOVERY PLAN MICHAEL JAMES PAPP, 13 No. C 12-05276 DMR Defendant. ___________________________________/ 14 15 16 On December 14, 2012, the Clerk of the Court entered default as to Defendant Michael 17 James Papp. On January 3, 2013, the court issued an order finding that Plaintiff craigslist, Inc. had 18 shown good cause to conduct third party discovery regarding damages, and subsequently granted 19 Plaintiff leave to serve subpoenas on Defendant’s payment processors to obtain evidence of revenue 20 generated by Defendant’s activities. [Docket Nos. 11, 15.] 21 On April 5, 2013, Plaintiff submitted a discovery status report and second proposed 22 discovery plan. [Docket No. 18 (Discovery Status Report).] Plaintiff now seeks leave to serve 23 subpoenas on five banks (the “bank subpoenas”) for records pertaining to bank accounts associated 24 with Defendants1 and their software business. The court has reviewed Plaintiff’s submissions and 25 26 27 28 1 On April 5, 2013, Plaintiff moved to amend the complaint to name Shelly Papp, Defendant Michael Papp’s wife, as a defendant based upon information learned from the payment processors. [Docket No. 17.] On May 10, 2013, the court granted Defendant’s motion to file a first amended complaint. [Docket No. 22; see also Docket No. 21-1, 21-2 (Amended Complaint).] 1 finds that the proposed bank subpoenas are overbroad and seek information that Plaintiff has not 2 shown is relevant to its claims against Defendants. The attachments to the proposed bank subpoenas 3 request, for each listed account, the production of 4 5 all account statements, transaction logs, and other information showing a complete transaction history (all deposits, debits, and credits), including identifying information for the person and/or entity paying or being paid and the description of the product or service being provided or paid for . . . 6 of identifying information for persons/entities paying money into Defendants’ bank accounts, which 9 would include purchasers of the “Ad-Nuke for Craigslist” software. However, as the court noted in 10 its February 15, 2013 order granting in part Plaintiff’s initial proposed discovery plan, Plaintiff has 11 For the Northern District of California (Discovery Status Report Ex. A (emphasis added).) By this language, Plaintiff seeks the production 8 United States District Court 7 not asserted any claims against third party users and/or purchasers of Defendants’ “Ad-Nuke for 12 Craigslist” software, and has not shown the relevance of the identifying information for the 13 persons/entities purchasing the product. Therefore, Plaintiff’s proposed subpoenas may not request 14 the production of identifying information for third party purchasers of the “Ad-Nuke for Craigslist” 15 software. Accordingly, by no later than May 20, 2013, Plaintiff shall submit revised bank 16 subpoenas, amended in accordance with this order, for the court’s approval. 17 18 IT IS SO ORDERED. 19 20 Dated: May 10, 2013 21 DONNA M. RYU United States Magistrate Judge 22 23 24 25 26 27 28 2

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