In re Request for Order Requiring Facebook, Inc. to Produce Documents and Things

Filing 8

ORDER GRANTING EX PARTE APPLICATION PURSUANT TO 28 USC SECTION 1782 PERMITTING DISCOVERY FOR USE IN FOREIGN PROCEEDING by Judge Paul S. Grewal finding as moot 6 Motion to Expedite; granting 1 Motion for Discovery (psglc1, COURT STAFF) (Filed on 7/20/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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IN RE
REQUEST FOR ORDER REQUIRING
FACEBOOK, INC. TO PRODUCE
DOCUMENTS AND THINGS

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Case No.: C 12-80171-MISC LHK (PSG)
ORDER GRANTING EX PARTE
APPLICATION PURSUANT TO 28
U.S.C. § 1782 PERMITTING
DISCOVERY FOR USE IN FOREIGN
PROCEEDING
(Re: Docket No. 1)

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Applicants Jawed Karim and Anisa Daftary (collectively, “Applicants”) are surviving
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family members of Sahar Daftary (“Daftary”) and have filed an ex parte application to obtain
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certain discovery from Facebook, Inc. (“Facebook”) for use in a foreign proceeding. They seek
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leave to subpoena records from Daftary’s Facebook account from November 20 to December 11,
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2008 to aid in a Coroner’s Inquest proceeding in Manchester, England. 1 According to Richard

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Slade, the Solicitor engaged by Applicants to represent them, the Coroner’s Office invited
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Applicants to provide the records to show Daftary’s state of mind when she died. 2 Applicants

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Applicants previously applied ex parte to subpoena records from Sahar Daftary’s Facebook
account for the period covering a none-day period from December 12-20, 2008. Judge Lloyd
granted their request. See In re Request for Order Requiring Facebook, Inc. to Produce Documents
and Things, Case No. C 11-80190 Misc. LHK (HRL). Applicants now believe that records related
to the twenty days preceding that time period are necessary for the Coroner’s Inquest.

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See Docket No. 3.
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Case No.: C 12-80171 LHK (PSG)
ORDER

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dispute that Daftary may have committed suicide. The court GRANTS the Applicants’ request to

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serve a subpoena. The court’s order is without prejudice, however, to Facebook moving to quash

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that subpoena, and any hearing on such a motion to quash may be heard on an expedited basis. The

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Applicants shall immediately serve a copy of this order on Facebook together with their subpoena.

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IT IS SO ORDERED.

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Dated: 7/20/2012

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PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
For the Northern District of California

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Case No.: C 12-80171 LHK (PSG)
ORDER