Zynga Game Network, Inc. v. Williams et al

Filing 9

MOTION for Discovery Motion for Leave to Conduct Third Party Discovery; and Memorandum of Points and Authorities filed by Zynga Game Network, Inc.. (Attachments: # 1 Proposed Order Granting Leave To Conduct Third Party Discovery)(Caplan, David) (Filed on 5/12/2010)

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Larry W. McFarland (Bar No. 129668)
E-Mail: [e-mail]
Dennis Wilson (Bar No. 155407)
E-Mail: [e-mail]
David K. Caplan (Bar No. 181174)
E-Mail: [e-mail]
Tara D. Rose (Bar No. 256079)
E-Mail: [e-mail]
KEATS McFARLAND & WILSON LLP
9720 Wilshire Boulevard
Penthouse Suite
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ZYNGA GAME NETWORK INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ZYNGA GAME NETWORK INC., a Delaware
Corporation,

CASE NO. CV-10:01022 JF (PVTx)

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Plaintiff,
v.

[PROPOSED] ORDER GRANTING LEAVE
TO CONDUCT THIRD PARTY
DISCOVERY

JASON WILLIAMS, an individual, LUNA
MARTINI, an individual, and JOHN DOES 1-5
D/B/A MW GROUP
Defendants.

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CASE NO. CV-10:01022 JF (PVTx)
[PROPOSED] ORDER GRANTING
PLAINTIFF ZYNGA GAME NETWORK INC.’S MOTION
FOR LEAVE TO CONDUCT THIRD PARTY DISCOVERY

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The Court, having considered Plaintiff Zynga Game Network Inc.’s (“Zynga”) Motion for

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Leave to Conduct Third Party Discovery (“Motion”), the supporting declaration of Sean Hanley, and

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the pleadings on file in this matter, hereby GRANTS Zynga’s Motion.

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Zynga is hereby authorized to issue a subpoena to GoDaddy.com, Inc. for the production of

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all billing and account records (including all Internet domain names), server logs, website content,

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contact information, transaction histories and correspondence for the persons or entities that have

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purchased services from GoDaddy.com, Inc. in connection with the Internet domain names

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MWBLACKMARKET.COM, MAFIAWARSDIRECT.COM and MWFEXPRESS.COM. Zynga is

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further authorized to issue follow-up subpoenas to GoDaddy.com, Inc. for the above-identified

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documents relating to the Defendants, based on additional information that is identified to Zynga in

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production from third party discovery.

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Zynga is hereby authorized to issue a subpoena to Microsoft Office Live for the production

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of all billing and account records (including all Internet domain names), server logs, contact

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information, transaction histories and correspondence for the persons or entities that have purchased

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services from Microsoft Office Live in connection with the Internet domain names

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MWBLACKMARKET.COM, MAFIAWARSDIRECT.COM and MWFEXPRESS.COM. Zynga is

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further authorized to issue follow-up subpoenas to Microsoft Office Live for the above-identified

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documents relating to the Defendants, based on additional information that is identified to Zynga in

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production from third party discovery.

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Zynga is hereby authorized to issue a subpoena to PayPal, Inc. for the production of all

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billing and account records, server logs, contact information, transaction histories and

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correspondence for the persons or entities that have established accounts with PayPal, Inc. using any

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or all of the email addresses [e-mail], [e-mail],

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[e-mail], [e-mail] and [e-mail]. Zynga is

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further authorized to issue follow-up subpoenas to PayPal, Inc. for the above-identified documents

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relating to the persons or entities that have established accounts with PayPal, Inc. using any

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CASE NO. CV-10:01022 JF (PVTx)
[PROPOSED] ORDER GRANTING
PLAINTIFF ZYNGA GAME NETWORK INC.’S MOTION
FOR LEAVE TO CONDUCT THIRD PARTY DISCOVERY

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additional email address that is indentified to Zynga in production from third party discovery as

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being used by Defendants.

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Zynga is further authorized to issue follow-up subpoenas to identify Defendants, if necessary,

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to online service providers, payment processors, and other third parties, based on information

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provided by the subpoenaed parties. These subpoenas shall be for the same categories of documents

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as identified above.

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Zynga will satisfy its obligations pursuant to Federal Rule of Civil Procedure 45(b)(1) by

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emailing subpoenas issued pursuant to this Order to the email addresses

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[e-mail], [e-mail], [e-mail]

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[e-mail] and [e-mail] prior to serving the subpoenas.

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IT IS SO ORDERED.

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ENTERED THIS ____ DAY OF __________, 2010

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_____________________________________
The Honorable Patricia V. Trumbull,
United States Magistrate Judge

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CASE NO. CV-10:01022 JF (PVTx)
[PROPOSED] ORDER GRANTING
PLAINTIFF ZYNGA GAME NETWORK INC.’S MOTION
FOR LEAVE TO CONDUCT THIRD PARTY DISCOVERY