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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CRAIGSLIST INC,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

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ORDER REGARDING PLAINTIFF’S
SECOND PROPOSED DISCOVERY
PLAN

MICHAEL JAMES PAPP,

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No. C 12-05276 DMR

Defendant.
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On December 14, 2012, the Clerk of the Court entered default as to Defendant Michael

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James Papp. On January 3, 2013, the court issued an order finding that Plaintiff craigslist, Inc. had

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shown good cause to conduct third party discovery regarding damages, and subsequently granted

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Plaintiff leave to serve subpoenas on Defendant’s payment processors to obtain evidence of revenue

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generated by Defendant’s activities. [Docket Nos. 11, 15.]

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On April 5, 2013, Plaintiff submitted a discovery status report and second proposed

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discovery plan. [Docket No. 18 (Discovery Status Report).] Plaintiff now seeks leave to serve

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subpoenas on five banks (the “bank subpoenas”) for records pertaining to bank accounts associated

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with Defendants1 and their software business. The court has reviewed Plaintiff’s submissions and

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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).]

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finds that the proposed bank subpoenas are overbroad and seek information that Plaintiff has not

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shown is relevant to its claims against Defendants. The attachments to the proposed bank subpoenas

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request, for each listed account, the production of

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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 . . .

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of identifying information for persons/entities paying money into Defendants’ bank accounts, which

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would include purchasers of the “Ad-Nuke for Craigslist” software. However, as the court noted in

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its February 15, 2013 order granting in part Plaintiff’s initial proposed discovery plan, Plaintiff has

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For the Northern District of California

(Discovery Status Report Ex. A (emphasis added).) By this language, Plaintiff seeks the production

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United States District Court

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not asserted any claims against third party users and/or purchasers of Defendants’ “Ad-Nuke for

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Craigslist” software, and has not shown the relevance of the identifying information for the

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persons/entities purchasing the product. Therefore, Plaintiff’s proposed subpoenas may not request

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the production of identifying information for third party purchasers of the “Ad-Nuke for Craigslist”

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software. Accordingly, by no later than May 20, 2013, Plaintiff shall submit revised bank

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subpoenas, amended in accordance with this order, for the court’s approval.

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IT IS SO ORDERED.

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Dated: May 10, 2013

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DONNA M. RYU
United States Magistrate Judge

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