In Re Application of Ontario Principals' Council, Gordana Stefulic, Vivian Mavrou, Varla Abrams

Filing 8

ORDER by Magistrate Judge Howard R. Lloyd granting in part and denying in part 1 Ex Parte Application for Leave to Conduct Discovery in Aid of Foreign Litigation. (hrllc2, COURT STAFF) (Filed on 11/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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In re Application of
ONTARIO PRINCIPALS’ COUNCIL,
GORDANA STEFULIC, VIVIAN
MAVROU, VARLA ABRAMS,

Case No. 5:14-mc-80186 BLF (HRL)

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ORDER GRANTING IN PART AND
DENYING IN PART EX PARTE
APPLICATION FOR LEAVE TO
CONDUCT DISCOVERY IN AID OF
FOREIGN LITIGATION

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[Re: Dkt. 1]

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Applicants.

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Pursuant to 28 U.S.C. § 1782, applicants Ontario Principals’ Council, Gordana Stefulic,

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Vivian Mavrou, and Varla Abrams (Applicants) seek leave to serve subpoenas here in aid of

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litigation to be filed in Ontario, Canada. Having considered their moving papers, Applicants’

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request for leave to serve subpoenas on AnchorFree, Inc. (AnchorFree) and Energy Group

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Networks, LLC (EGN) is granted. 28 U.S.C. § 1782; Intel Corp. v. Advanced Micro Devices,

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Inc., 542 U.S. 241 (2004). However, as drafted, the proposed document requests are overbroad in

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that they seek any and all documents “relating” to or “referencing” the users, which may call for

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production of the contents of communications in electronic storage. 18 U.S.C. § 2702(a). The

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requests shall instead be limited to records sufficient to identify the users, including the particular

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subscriber and account identifier information sought by each request. Id. § 2702(c)(1) & (c)(6).

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Additionally, this court denies Applicants’ request for an order prohibiting AnchorFree and EGN

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from notifying user(s) that this information is being subpoenaed. Applicants have provided no

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authority supporting such a request.
This order is without prejudice to the filing of a motion to quash by the subpoenaed entities
or other appropriate person(s).
SO ORDERED.
Dated: November 10, 2014
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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5:14-mc-80186-BLF Notice has been electronically mailed to:

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Michael Jason Lee

[e-mail]

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United States District Court
Northern District of California

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