Funding Circle USA, Inc. v. DOES 1-30, Inclusive

Filing 10

Order quashing subpoena and order to show cause re: sanctions signed by Magistrate Judge Howard R. Lloyd on 10/10/2017. Order to Show Cause Hearing set for 10/24/2017 at 1:30 PM.(hrllc3S, COURT STAFF) (Filed on 10/10/2017)

E-filed 10/10/2017

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FUNDING CIRCLE USA, INC.,
Plaintiff,

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Case No.17-cv-03917-HRL

v.
DOES 1-30, INCLUSIVE,

ORDER QUASHING SUBPOENA AND
ORDER TO SHOW CAUSE RE:
SANCTIONS

Defendant.

United States District Court
Northern District of California

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Plaintiff’s lead counsel, Mark Mao, recently filed with the Court a declaration stating that

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his firm subpoenaed Yahoo and Google in an effort to identify the as-yet-unknown defendants in

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this case. Dkt. No. 7. At a subsequent case management conference, an associate from Mr. Mao’s

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firm confirmed that subpoenas had been served on Yahoo and Google, and that Yahoo had already

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produced records in response. Dkt. No. 9.

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Both subpoenas were issued in violation of Federal Rule of Civil Procedure 26(d)(1),

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which prohibits, subject to exceptions not relevant here, the taking of any discovery without a

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court order before a Rule 26(f) conference. The parties have not engaged in a Rule 26(f)

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conference, and Plaintiff did not seek leave from the Court to conduct early discovery.

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Accordingly, the Court orders that the subpoena to Google be quashed. In addition, the

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Court orders Mr. Mao to appear in Courtroom 2, 5th Floor of the United States District Court, 280

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South First Street, San Jose, California on October 24, 2017 at 1:30 P.M., and show cause, if any,

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why the Court should not impose sanctions for discovery abuse.

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IT IS SO ORDERED.
Dated: October 10, 2017

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HOWARD R. LLOYD
United States Magistrate Judge