THIRD PARTY SUBPOENA TO FUSION GPS et al v. BUZZFEED, INC., et al

Filing 1

MOTION to Quash, MOTION for Protective Order by FUSION GPS (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12)(td)

Case 1:17-mc-02171-TSC Document 1 Filed 08/31/17 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

In Re Third Party Subpoena to Fusion GPS
c/o Zuckerman Spaeder LLP
1800 M Street, NW
Washington, D.C. 20036

Aleksej Gubarev, XBT Holding S.A., and
Webzilla, Inc.,
Plaintiffs,
v.
Buzzfeed, Inc. and Ben Smith,
Defendants.

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Misc. Case No. _____

Case No. 17-cv-60426-UU

NON-PARTY FUSION GPS’S MOTION TO QUASH THIRD-PARTY SUBPOENA OR,
IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER
Pursuant to Rules 45 and 26 of the Federal Rules of Civil Procedure, non-party Fusion
GPS (“Fusion”), by undersigned counsel, respectfully moves this Court to quash the subpoena
compelling its appearance in the District of Columbia on September 6, 2017 for Rule 30(b)(6)
testimony and to produce documents.1 The subpoena was served on Fusion by Plaintiffs, Aleksej
Gubarev, XBT Holding S.A., and Webzilla, Inc., in their defamation lawsuit against Buzzfeed,
Gubarev v. Buzzfeed, Case No. 17-cv-60426 (S.D. Fla.). Alternatively, Fusion moves this Court
for a protective order limiting the scope of the subpoena and protecting Fusion from having to
respond to questions at a deposition or produce documents, except for documents and testimony
to which Fusion has agreed: its pre-publication communications with Buzzfeed concerning the
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Pursuant to Federal Rule of Civil Procedure 45(d)(3)(A), Fusion files this motion in this Court as the court for the
district where compliance is required.

Case 1:17-mc-02171-TSC Document 1 Filed 08/31/17 Page 2 of 3

publication of the Trump Dossier. As grounds therefore, Fusion relies upon the memorandum of
points and authorities and the accompanying exhibits filed contemporaneously herewith.
Fusion also requests relief in the form of reasonable attorneys’ fees, pursuant to Fed. R.
Civ. P. 45(d)(1).
Undersigned counsel communicated with counsel for Plaintiffs, Evan Fray-Witzer, to
seek to narrow the discovery requests. Over the course of multiple communications, counsel
attempted to resolve the issues presented by the subpoena and thereby obviate the need for this
Motion. Although Plaintiffs initially narrowed the subpoena’s schedules to some extent, no
resolution was reached as to the revised schedules, necessitating the filing of this motion.

Dated: August 31, 2017

Respectfully submitted,
/s/ Steven M. Salky
William W. Taylor, III (DC Bar No. 84194)
Steven M. Salky (DC Bar No. 360175)
Rachel F. Cotton (DC Bar No. 997132)
ZUCKERMAN SPAEDER LLP
1800 M Street, NW, Suite 1000
Washington, DC 20036
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Non-Party Fusion GPS

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CERTIFICATE OF SERVICE
I hereby certify that on this 31st day of August, 2017, the foregoing was served on all
counsel of record in Gubarev v. Buzzfeed, Case No. 17-cv-60426 (S.D. Fla.) via electronic mail.
/s/ Rachel F. Cotton
Rachel F. Cotton