Doe v. SexSearch.com et al

Filing 94

Motion to clarify Court's March 21 Order And For Protective Order filed by Experienced Internet.com, Inc.. (Milmeister, Dana)

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Doe v. SexSearch.com et al Doc. 94 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION John Doe, Plaintiff, v. SexSearch.com, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:07CV604 Hon. Jack Zouhary DEFENDANT EXPERIENCED INTERNET.COM, INC.'S MOTION FOR CLARIFICATION OF EARLIER ORDER AND FOR PROTECTIVE ORDER; DECLARATION OF DANA MILMEISTER IN SUPPORT THEREOF Richard M. Kerger (0015864) KERGER & ASSOCIATES 33 S. Michigan Street, Suite 100 Toledo, Ohio 43604 Telephone: (419) 255-5990 Fax: (419) 255-5997 Gary Jay Kaufman (Pro hac vice) Dana Milmeister (Pro hac vice) The Kaufman Law Group 1925 Century Park East Suite 2350 Los Angeles, California 90067 Telephone: (310) 286-2202 Fax: (310) 712-0023 Counsel for Specially Appearing Defendant Experienced Internet.com, Inc. Dockets.Justia.com Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 2 of 19 Specially appearing defendant Experienced Internet.com, Inc. ("EIC") seeks clarification of the Court's order of March 21, 2007 regarding discovery and, if necessary, a protective order regarding information that may have been produced by Moniker Online Services, LLC ("Moniker"). During the status conference on March 21, 2007, at the Court's request, the parties agreed to informally exchange information regarding the proper parties, jurisdiction and the preliminary injunction hearing. (Dkt # 64). EIC's counsel, Richard M. Kerger, then began to address Plaintiff's motion for early discovery from Moniker to point out why early discovery should not be allowed, and Plaintiff's counsel, Mr. Boland, interrupted him and said he was not prepared to argue his motion for early discovery from Moniker and would do so in reply to our opposition to that motion. (Milmeister Decl., � 2). The Court's order did not specifically mention discovery from Moniker, but based on the discussion during the conference, EIC's counsel assumed that the request for discovery from Moniker was not included. EIC requests that the Court clarify that order, since EIC believes that Plaintiff's request for discovery is overly broad, burdensome and seeks private information to which Plaintiff is not entitled at this or any juncture of the litigation. (Milmeister Decl., � 2; Dkt ## 82, 83). Additionally, based on Plaintiff's position in recent filings, it appears that Plaintiff may have obtained discovery from Moniker. If the Court clarifies its March 21 order to note that Moniker is not to produce early discovery to Plaintiff, and Plaintiff has already received such information, then EIC requests an order requiring Plaintiff to turn over all electronic and paper copies of the information produced to the Court for safekeeping until such time as the discovery is allowed. Alternatively, EIC requests an attorneys'-eyes-only protective order for the information. On Friday, March 30, 2007, EIC's counsel sent a draft protective order to Plaintiff's counsel, stating that no information would be provided 1 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 3 of 19 until a protective order was either entered or at least considered by the Court. (Milmeister Decl., Ex. A). Plaintiff responded to that request stating that he required a week to review the order with his co-counsel. (Milmeister Decl., Ex. B). EIC's counsel cannot understand why it takes one week to review the order, and yet Plaintiff's counsel had plenty of time to quickly file a motion to strike the parties' opposition to early discovery from Moniker. (Dkt 85). EIC is very concerned that Plaintiff's counsel intentionally did not agree to the protective order so he could obtain discovery from Moniker without being bound to protect the information as attorneys'-eyes-only. Hopefully, that is not the case. But if it is, EIC requests that an order be entered immediately to prevent dissemination of the information. Additionally, EIC requests that the Court order that Plaintiff provide copies of all information produced by Moniker to the other parties, electronic and paper. Respectfully submitted, /s/ Richard M. Kerger RICHARD M. KERGER (0015864) Counsel for Specially Appearing Defendant Experienced Internet.com, Inc. /s/ Dana Milmeister Dana Milmeister (pro hac vice) Counsel for Specially Appearing Defendant Experienced Internet.com, Inc. 2 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 4 of 19 DECLARATION OF DANA MILMEISTER I, Dana Milmeister, declare and state as follows: 1. I am Of Counsel to The Kaufman Law Group, and, along with Gary Jay Kaufman, represent Experienced Internet.com, Inc. ("EIC"). The facts set out below are known to me personally, and if called on I could testify to those facts, under oath. 2. During the status conference on March 21, 2007, at the Court's request, the parties agreed to informally exchange information regarding the proper parties, jurisdiction and the preliminary injunction hearing. EIC's counsel, Richard M. Kerger, then began to address Plaintiff's motion for early discovery from Moniker to point out why early discovery should not be allowed, and Plaintiff's counsel, Mr. Boland, interrupted him and said he was not prepared to argue his motion for early discovery from Moniker and would do so in reply to our opposition to that motion. The Court's order did not specifically except discovery from Moniker, but based on the discussion during the conference, I assumed that the request for discovery from Moniker was not included. I have conferred with Mr. Kerger, who has the same memory of the conversation during the conference. 3. On Friday, March 30, I sent a draft protective order to Mr. Boland, stating that the parties would provide information to him upon entry of a protective order. Attached hereto as Exhibit A is a true and correct copy of my letter to Mr. Boland and the draft protective order. Mr. Boland responded that he needed a week to review the 14paragraph, routine protective order. (Ex. B). I cannot understand why it takes one week to review the order, and yet Plaintiff's counsel had plenty of time to quickly file a motion to strike the parties' opposition to early discovery from Moniker. (Dkt #85). I am very 3 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 5 of 19 concerned that Plaintiff's counsel intentionally did not agree to the protective order so he could obtain discovery from Moniker without being bound to protect the information as attorneys'-eyes-only. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration was executed on April 10, 2007 in Los Angeles, California. /s/ Dana Milmeister Dana Milmeister 4 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 6 of 19 EXHIBIT A Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 7 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 8 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 9 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 10 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 11 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 12 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 13 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 14 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 15 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 16 of 19 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 17 of 19 EXHIBIT B Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 18 of 19 ge 1 of 1 Pa Dana Milmeister From: Sent: To: Dean Boland [dean@deanboland.com] Monday, April 02, 2007 9:20 PM Dana Milmeister; Mike Dortch Subject: Protective Order Offer Ms. Milmeister and Mr. Dortch: I will be discussing your proposed protective order with co-counsel this week. Dean Boland. db dean boland, attorney at law www.deanboland.com dean@deanboland.com 18123 Sloane Avenue Lakewood, Ohio 44107 216.529.9371 phone 216.803.2131 fax 4/9/2007 Case 3:07-cv-00604-JZ Document 94 Filed 04/10/2007 Page 19 of 19 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing has been electronically filed this 10t h day of April, 2007. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's System. /s/ Dana Milmeister 5

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