Funding Circle USA, Inc. v. DOES 1-30, Inclusive
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
FUNDING CIRCLE USA, INC.,
DOES 1-30, INCLUSIVE,
ORDER QUASHING SUBPOENA AND
ORDER TO SHOW CAUSE RE:
United States District Court
Northern District of California
Plaintiff’s lead counsel, Mark Mao, recently filed with the Court a declaration stating that
his firm subpoenaed Yahoo and Google in an effort to identify the as-yet-unknown defendants in
this case. Dkt. No. 7. At a subsequent case management conference, an associate from Mr. Mao’s
firm confirmed that subpoenas had been served on Yahoo and Google, and that Yahoo had already
produced records in response. Dkt. No. 9.
Both subpoenas were issued in violation of Federal Rule of Civil Procedure 26(d)(1),
which prohibits, subject to exceptions not relevant here, the taking of any discovery without a
court order before a Rule 26(f) conference. The parties have not engaged in a Rule 26(f)
conference, and Plaintiff did not seek leave from the Court to conduct early discovery.
Accordingly, the Court orders that the subpoena to Google be quashed. In addition, the
Court orders Mr. Mao to appear in Courtroom 2, 5th Floor of the United States District Court, 280
South First Street, San Jose, California on October 24, 2017 at 1:30 P.M., and show cause, if any,
why the Court should not impose sanctions for discovery abuse.
IT IS SO ORDERED.
Dated: October 10, 2017
HOWARD R. LLOYD
United States Magistrate Judge
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