In re: Petition of Isidre Faine Cases for an Order to take Discovery akd of a Foreign Proceeding pursuant ot 28 U.S.C. & 1782

Filing 4

ORDER granting in part and denying in part 1 Petition for Discovery in Aid of a Foreign Proceeding. Signed by Magistrate Judge Howard R. Lloyd on 6/30/2010. (hrllc2, COURT STAFF) (Filed on 6/30/2010)

In re: Petition of Isidre Faine Cases for an Order to take Discovery... pursuant ot 28 U.S.C. & 1782

Doc. 4

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE PETITION OF ISIDRE FAINÉ CASAS FOR AN ORDER TO TAKE DISCOVERY IN AID OF A FOREIGN PROCEEDING PURSUANT TO 28 U.S.C. § 1782 ISIDRE FAINÉ CASAS, Petitioner. / Petitioner Isidre Fainé Casas, a citizen of Spain, alleges that an unknown imposter opened two user accounts on Facebook, Inc. ("Facebook") in his name (and a variant of his name) and published false and defamatory statements about him. Pursuant to 28 U.S.C. § 1782, he moves for leave to serve a Fed. R. Civ. P. 45 subpoena on Facebook for information in connection with contemplated civil and criminal actions against the imposter(s) in Spain. See Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004). Having considered the moving papers, the request will be granted in part and denied in part. Insofar as petitioner seeks discovery of the contents of stored communications, his request is denied without prejudice. His petition for leave to serve a subpoena on Facebook is otherwise granted. Any information disclosed to petitioner in response to the subpoenas may be used by petitioner solely for the purpose of protecting his rights in the contemplated actions in Spain. By granting petitioner leave to conduct this discovery, this court does not intend to No. C10-80112MISC JF (HRL) ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR DISCOVERY IN AID OF A FOREIGN PROCEEDING [Re: Docket No. 1] *E-FILED 06-30-2010*

United States District Court

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For the Northern District of California

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Dockets.Justia.com

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foreclose any valid objections that may be raised by persons and entities responding to these subpoenas or whose personal rights or privileges may be implicated with respect to the information sought. SO ORDERED. Dated: June 30, 2010 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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5:10-mc-80112-JF Notice has been electronically mailed to: Tod L. Gamlen [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

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For the Northern District of California

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