Ross et al v. John and Jane Does 1-5

Filing 14

ORDER 2 Plaintiffs' Motion for Expedited Order Authorizing Discovery is granted. The Court authorizes the issuance of twelve subpoenas, for the purpose of obtaining the identity of the individuals posting allegedly defamatory statements on the internet regarding Plaintiffs. By Magistrate Judge Michael E. Hegarty on 8/9/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01877-MSK-MEH
S. JAWN ROSS, and
S. JAWN ROSS, PC,
Plaintiffs,
v.
JOHN AND JANE DOES 1-5,
Defendants.

ORDER

Michael E. Hegarty, United States Magistrate Judge.
Plaintiffs’ Motion for Expedited Order Authorizing Discovery [filed July 19, 2011; docket
#2] is granted. Plaintiffs allege that unknown John and Jane Doe defendants are posting defamatory
and harmful statements about Plaintiff S. Jawn Ross on the internet. Plaintiffs request permission
from the Court to engage in discovery before Fed. R. Civ. P. 26(f) conferral. The purpose of this
discovery is to ascertain the identities of the John and Jane Doe defendants.
Fed. R. Civ. P. 26(d) proscribes seeking discovery before Rule 26(f) conferral. However,
this prohibition is not absolute; the Court may authorize discovery upon a showing of good cause.
Pod-Ners, LLC v. Northern Feed & Bean of Lucerne Ltd. Liability Co., 204 F.R.D. 675, 676 (D.
Colo. 2002). “Expedited discovery should be limited, however, and narrowly tailored to seek
information necessary to support expedited or preliminary relief.” Avaya, Inc. v. Acumen Telecom
Corp., No. 10-cv-03075-CMA-BNB , 2011 WL 9293, at *2 (D. Colo. Jan. 3, 2011) (citation
omitted).
After review of the motion and discussion on the record at the August 8, 2011 hearing, the

Court finds that Plaintiff establishes good cause for limited expedited discovery, as follows. The
Court authorizes the issuance of twelve subpoenas, for the purpose of obtaining the identity of the
individuals posting allegedly defamatory statements on the internet regarding Plaintiffs. If Plaintiffs
determine further expedited discovery is necessary, Plaintiffs may again seek leave of court.
SO ORDERED.
Entered and dated at Denver, Colorado, this 9th day of August, 2011.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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