Volvo Construction Equipment Rents, Inc. v. NRL Rentals, L.L.C., et. al

Filing 32

RESTRICTED ORDER - On or before November 17, 2011, Yahoo!, Inc. shall assemble and produce to the undersigned magistrate judge, at the name and address set forth in the attached subpoenas, the documents relating to Rachel R. Ericks Yahoo! email account. Ordered by Magistrate Judge Cheryl R. Zwart. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (1 Certified copy to USM with subpoena and 285 form)(JAB)

RESTRICTED

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VOLVO CONSTRUCTION
EQUIPMENT RENTS, INC.,
Plaintiff,
V.
NRL RENTALS, L.L.C, et al.,
Defendants.

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4:11CV3010

MEMORANDUM AND ORDER

On or about June 8, 2011, the undersigned United States Magistrate Judge ordered
Rachel R. Erick to execute a Consent to Search and Account Verification (the “Consent”)
instructing Yahoo!, Inc. to provide Ms. Erick’s email records to the plaintiff. On August 4,
2011, Ms. Erick personally appeared before the court and her account and password
information were verified under oath in the courtroom. Attached to this Memorandum and
Order is a copy of the transcript of the portion of the August 4, 2011 hearing in which Ms.
Erick disclosed her email account, password and her “Secret Question.” She testified that her
user name is [e-mail] and her password is Dabney21. See Exhibit “A”, Tr. 6:2-6:8.
Ms. Erick also completed the Consent, however it appears the email account was incorrectly
written on the consent as “[e-mail]”instead of “[e-mail].” During the
course of the hearing, the court was able to access Ms. Erick’s Yahoo! email account online
with the information Ms. Erick provided during the hearing.

The plaintiff forwarded the executed Consent to Yahoo!, Inc. in an attempt to obtain the
requested information. Yahoo!, Inc. refused to comply with the request, noting that the account
and password information provided on the Consent were not accurate.

Attached to this Memorandum and Order is a subpoena for service upon Yahoo!, Inc.
In the United States District Court for the Northern District of California. The subpoenas are
signed by Robert W. McIntyre, counsel for the plaintiff and an attorney authorized to practice

in multiple United States District Courts and Courts of Appeal. Mr. McIntyre is therefore
authorized to sign the attached subpoenas for document production pursuant to Rule
45(a)(3)(A) of the Federal Rules of Civil Procedure. The subpoenas identify the Ms. Erick’s
correct email account.

The subpoenas command Yahoo!, Inc. to produce various documents in connection with
Ms. Erick’s email account to the undersigned judge. Notwithstanding any discrepancy on the
Consent, Yahoo!, Inc. is instructed to produce all requested documents relating to Ms. Erick’s
email account, identified as:
Account:
Password:

[e-mail]
Dabney21

IT IS ORDERED:
1)

On or before November 17, 2011, Yahoo!, Inc. shall assemble and produce to
the undersigned magistrate judge, at the name and address set forth in the
attached subpoenas, the documents relating to Rachel R. Erick’s Yahoo! email
account.

2)

The clerk shall prepare a certified copy of this order, attach a copy to the
subpoena, and deliver the order with attached subpoena to the Marshal.

3)

To preserve the integrity of this court and assure the enforcement of its orders,
and to minimize any further delay in case progression, the United States marshal
or deputy United States marshal, or a person specially appointed for that
purpose, is required to serve a certified copy of this order along with the attached
subpoena on:
Yahoo!, Inc.
701 First Avenue
Sunnydale, CA 94089
October 27, 2011

BY THE COURT:

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United States Magistrate Judge
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