Doe 1 et al v. Ciolli et al

Filing 30

AFFIDAVIT re 25 Motion to quash subpoena. Signed By Steve Mitra filed by Doe 1, Doe 2. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Supplement 4, # 5 Exhibit 5, # 6 Exhibit 6)(Ramani, Ashok) Modified on 3/19/2008 to correct linkage (Grady, B.). (Additional attachment(s) added on 4/11/2008: # 7 Exhibit 1) (Grady, B.).

Doe 1 et al v. Ciolli et al

Doc. 30 Att. 2

EXHIBIT 2
Dockets.Justia.com

~ A088 (Rev. 12/06) Subpoena in a Civil Cas

Isued by the

UNTED STATES DISTRCT COURT
CENTRAOO
Doe I and Doe II

DISTRICT OF CALIFORNIA

SUBPOENA IN A CML CASE

Indi viduals whose true names are
unknown, et aL.

V.

Cae

Number: 1 Misc.

District of Connecticut

07-CV-00909-CFD
TO: SBC Internet Services, Inc., c/o CT Corporation System 818 W. 7th St. Los Angeles, CA 90017 D YOU AR COMMNDED to appear in the United States District cour at the place, date, and tie specified below to

PLACE OF TESTIMONY COURTROOM
DATE AND

testifY in the above case.

TIME

D YOU AR COMMNDED to appear at the place, date, and time specifed below to testify at the taing of a deposition in

PlAE OF O"osON I DATE AND TIME
DO YOU AR COMMED to produce and pennit inspection and copying of the following documents or objects at the
place, date, and tie specified below (list documents or objects):

the above case.

,.
i

See Attachment A.
PLACE
DATE AND

I.
TIME
I I I i ¡-

I..

Los An eles, CA 900i 7
D YOU AR COMMED to pennit inspection of PREIS I DATE

Ikon, Attn: Ted McMenamin 611 W. 6th Street, 3rd Floor

February 15, 2008 9:30 a.m.
the followig premises at the date and tie specifed below.
AND TIME

Any organization not a part to this suit that is subpoenaed for the taking of a deposition shall designate one or more offcers,
directors, or ing agents, or other persons who consent to testif on its behalf, and may set forth, for each person designated,

the ma son w 'ch the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
R'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANl) DATE

for Pi ' Februar 1 2008
ISSUI OF ER'S NAME ADÇlRESS AND TELEPHONE NUMBER

Steve Mitra, Keker & Van Nest, LLP 710 Sansome Street, San Francisco, CA 94111, Telephone [phone]
(See Rule 45, Federa Rules ofCivi Prcedur, Subdiviions (c), (d), and (e), on next page) I If acton is pendig in distrct other th dict of issuace, stae distct under ca number.

AO-8

A088 (Rev. 12106) Subpoena in a Civil Case

PROOF OF SERVICE
DATE

PLACE

SERVED
SERVED ON (PRINT NAME)

MANNER OF SERVICE

SERVED BY (PRINT NAE)

TIE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the
Proof of Service is true and correct.
Executed on
DATE

SIGNATURE OF SERVER

ADDRESS OF SERVER

Civil Procedure, Subdivisions (c), (d), and (e), as amended on Decembe 1,2006: (c) PROTECTON OF PERSONS SUBJECT TO SUBPOENAS.
Rule 45, Federa Rules of

(1) A par or an atorney rensible for the issuance and service of a subpoena shall tae reasonale steps to avoid imposing undue

(iii) require a person who is not a par or an offce of a par to incur substantial expese to tryel more than 100 miles to attnd tral, the cour

behal of which the subpoena was issud shall enorce this duty and impose upon the par or attmey in breach of this duty an appropriate
sanction, which may include, but is not limited to, lost eaings and

burde or expee on a person subject to that subpoena. The cour on

may, to protect a person subject to or afected by the subpona, quash or modify
the subpoena or, if th par in whose behalf the subpoena is issued shows a
substatial nee for the testiny or material that canot be otherwise met without

undue hardship and assurs that the persn to whom the subpoena is addresed
wil be reaonably compensad, the cour may order appearce or production
only upon speified conditions.

reasonable atorney's fee. (2) (A) A peron commanded to produce and permit inspection, copying,
tetig, or sampling of designatd electrnically store information, books,

pap, documents or tagible thngs, or inspetion ofpreises need not appear in persn at the place of production or inspecton unless commanded to appear for deposition, heaing or trial.
(B) Subject to pargraph (d)(2) of days afr serice of

(d) DUTS IN RESPONDING TO SUBPOENA
(I) (A) A person responding to a subpoena

"to produce documents shal produce

them as they ar kept in the usual course of business or shal organze and

this rue, a person commanded to

label them to corrpond with the catgories in the demand.
(B) If a subpoena does not specify the form or form for producing electronicaly
store inormation, a person reponding to a subpona must produce the

produce and penit inspection, copying, testing, or sampling may, within 14

the subpoena or before the time specified for compliance

if such time is less than 14 days afer service, see upon the par or attorney

informaton in a form or forms in which the person ordinary maintans it or in a
form or form that ar reasnably usable.

designat in the subpoea wrtt objection to producing any or all of the

designated matrials or inspection of the premises - or to producing
electronicaly store informaton in the form or form requested. If objection
is made, the par serving the subpoea shall not be entitled to inspect copy,
test, or sample the matals or inspect the premises except pursuant to an order
of

(C) A person reponding to a subpoena need not produce the same

electronicaly store informaton in more than one fonn
(0) A person responding to a subpoena need not provide discover of

the cour by which the subpoena was isued. If objection has ben made, the

eleconicaly store information frin sources that the peron identifies as not reasonably accesible because of undue burden or cost On motion to compel
discover or to quas, the person frm whom discoveiy is sought must show

par servng the subpoena may, upon notice to the person commanded to

produce move at any tie for an order to compel th production, inspection, copyng, testing, or sapling. Such an order to compel shall prote any pers

that the information sought is not reasnably accessible becase of undue
burden or cost If that showing is made, the cour may nonethles order
discover frm such source if

who is not a par or an offce ofa par from significant expee resulting from the inspection, copying, testig, or sampling commanded.
(3) (A) On timely motion, the cour by which a subpoena was issued shal
quash or modify the subpoena ifit

the reuesting par shows good cause, considering the

limitations ofRule 26(b )(2)(C). The cour may specify conditions for the discver.

(2) (A) When information subject to a subpoena is witheld on a claim that it
is privileged or subject to protection as tral-prepartion matrials, the clai shal

be made expresly and shall be support by a description of the nat of the

(i) fals to allow reasnable time for compliance;
(ii) requires a person who is not a par or an offcer of a par to trel to a place more than 100 miles from the place where that person resides,

documents, communicatons, or things not produced that is suffcient to enable the demanding pa to contest the clai.
(B) Ifinformation is produced in repons to a subpoena that is subjectto a claim of privilege or of protection as tral-preparon material, the pen makng the

is employed or relarly trsac business in person, except that subject to
the provisions ofclaue (c)(3)(B)(ii) of this

rule, such å peron may in order to

clai may notify any par that reived the informtion of the clai and the basis
for it. Afr being notified, a par must promptly rern, sequester, or destry

attnd tral be commanded to travel from any such place within the state in which the' tral is held;
(ii) requirs disclosure of privileged

the specified information and any copies it has and may not use or disclose the

or other protected mater and

no exception or waiver applies; or

informaton until the claim is resolved. A reciving par may promptly preent the information to the cour under seal for a determinaton of the claim. If the
reiving par disclosed the informaton before being notified, it must tae reonable steps to retreve it. The person who produced the informaton

(iv) subject a peron to undue burden.
(B) If a subpoena
(i) requirs disclosure of a trde secret or other confidential reearch,
development, or commercial informaton, or

must presere the inormaton until the claim is relved.

information not describing specific events or occurences in dispute and

(ii) reuir disclosur of an unrtaned expert's opinion or.

reulting from the expert's study made not at the request of any par, or

from which the subpoena issued. An adequate caus for failure to obey exists when a subpoena purport to require a nonpar to attd or produce at a place
not within the limits provided by clause (ii) of subparaph

e) CONTMP. Failure of any person without adequat excuse to obey a subpoena served upon that persn may be deemed a contempt of the cour
(c)(3)(A).

ATTACHMENT A

DEFITIONS
1. "YOU" or "YOUR" meas SBC Internet Servces, Inc., c/o CT Corporation
System and its subsidiares, divisions, predecessor and successor companes, afliates, parents,

any joint ventue to which it may be a par, and/or each of its employees, agents, offcers,
diectors, representatives, consultats, accountats and attorneys, includig any person who
served in any such capacity at any tie.

2. "DOCUMTS" shall have the broadest meang that Rule 34 of

the"

Federal

Rules of Civil Procedure allows, including any wrtings, drawings, graphs, chas, photographs,

phonorecords, tape recordings, notes, notebooks, diares, calendars, checkbooks, books, papers, accounts, electronic or videotape recordigs, email, and any computer-generated, computerstored, or electronically-stored matter, and other data compilations from which inormation can
be obtaed and tranlated, if necessar, into reasonably useable form, including documents

stored on laptop computers, personal digita assistats (PDAs), Blackberrs and other simlar
devices.
3. The phrase "RELATING TO" mean concerng, referrg to, sumaring,
reflecting, constutig, contag, embodyig, pertg to, involved"with, mentioning,

discussing, consisting of, compnsing, showig, commentig upon, evidencing, descnbing or otherwse RELATING TO the subject matter.
4. The words "and" and "or" shall be constred in the conjunctve or disjunctive,

whichever makes the request more inclusive.
5. "Any" shall mean one or more; "each" shall mean "each and every."

INSTRUCTIONS
1. YOU are requied to produce all DOCUMNTS in which they are kept in the ordinar course of

in the maner, form and position

business, as requied by Federal Rule of Civil Procedure Rule 45( d), including, where applicable, any index tabs, file dividers, designations or inormation as to the location of DOCUMENTS.

2. If YOU canot respond to a DOCUMNT request fuly, afer a diligent attempt to
att the requested inormation, YOU must answer the DOCUMENT request to the extent the request YOU are unble to anwer, and provide whatever possible, specify the portion of

inormation YOU have regarding the unanswered portion.

3. In the event that any DOCUMNT called for by the requests has been destroyed,
lost, discarded or is otherwse no longer in YOUR possession, custody or control, YOU shall

identify such DOCUMNT as completely as possible, and shall specify the date of disposal of the DOCUMNT, the maner of disposal, the reason for disposal, the person authonzing the disposal, and the person disposing of the DOCUMENT.

¡ ; ¡:.~

SBC
408440.02

1

4. In the event any inormation is witheld on a claim of attorney-client privilege or

work product doctre, YOU shall provide a privilege log which includes at least the followig inormation: the natue of the inormation contaed in the witheld DOCUMENT, the date of the DOCUMT, its source, and subject matter, and to whom that inormation was disclosed, such as would enable the privilege claim to be adjudicated, and any authonty which YOU assert support any clai of privilege.

¡.

MATERiS REQUESTED
1. All DOCUMNTS RELATIG TO the identity of all persons using or assigned
by YOU the Internet Protocol ("IP") address 75.18.198.98 on July 18,2007 at 2:54 a.m. Easern tie, includig but not limited to DOCUMNTS identifying first and last names, present or last known mailng addresses, telephone numbers and/or email addresses.

TO the preservation by YOU of

2. All DOCUMNTS RELATING TO any formal or informal policy RELATING the inormation requested in Request No.1 above.

¡.
,

SBC

2

40840.02