Clymer Farner Barley, Inc. v. Doe 1-10
ORDER granting #15 Motion to serve additional third party subpoenas. Signed by Magistrate Judge Philip R. Lammens on 9/8/2021. (JWM)
Case 5:21-cv-00312-RBD-PRL Document 17 Filed 09/08/21 Page 1 of 2 PageID 151
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CLYMER FARNER BARLEY, INC.,
Case No: 5:21-cv-312-RBD-PRL
JOHN DOE 1-10,
This matter is before the Court for consideration of Plaintiff’s motion to serve
additional Third Party Subpoenas prior to the Rule 26(f) conference. (Doc. 15).
Plaintiff has sued John Does for violations of the Defend Trade Secrets Act (18 U.S.C.
§ 1839) and the Computer Fraud and Abuse Act (18 U.S. C. § 1030(g)). Plaintiff, Clymer
Farner Barley, Inc. (“CFB”), is a civil engineering and land surveying firm whose primary
client is the Holding Company of the Villages and its various affiliates and subsidiaries who
develop and manage large residential communities known as “The Villages.” CFB’s work
involves developing forward-looking maps regarding upcoming neighborhoods and projects,
including development maps that are considered confidential and trade secret information.
This action arises out of the publication of a letter to the editor by the VillagesNews.com that included a confidential map prepared by CFB for the Villages. In short,
Plaintiff has initiated this suit and now seeks leave to serve Google, LLC and Cox
Communications, Inc. with Third Party Subpoenas in order to ascertain the source of the
confidentiality breach. Plaintiff has obtained emails regarding the original submission of the
letter to the editor which include the sender’s email address. The Third Party subpoenas are
Case 5:21-cv-00312-RBD-PRL Document 17 Filed 09/08/21 Page 2 of 2 PageID 152
an attempt to ascertain the true identity of the sender. Plaintiff has provided the subpoenas.
(Docs. 15-1 & 15-2). Upon review of the motion and related filings, the Court finds sufficient
good cause to permit service of the subpoenas.
Accordingly, Plaintiff’s Motion (Doc. 15) is GRANTED, and Plaintiff may serve the
proposed subpoenas (Docs. 15-1 & 15-2). Plaintiff shall attach a copy of this Order to the
subpoenas. If Google, LLC or Cox Communications, Inc. would like to move to modify or
quash the subpoenas, they must do so before the return date of the subpoenas, which shall be
at least thirty days from the date of service. Google, LLC and Cox Communications, Inc.
shall preserve any subpoenaed information pending the resolution of any timely motion to
modify or quash.
DONE and ORDERED in Ocala, Florida on September 8, 2021.
Copies furnished to:
Counsel of Record
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