ARENA et al v. JOHN DOE et al

Filing 2

Emergency MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Discovery filed by CAILIN ARENA.Memorandum. (Attachments: # 1 Order to Show Cause, # 2 Memorandum of Law, # 3 Declaration of Cailin Arena, # 4 Declaration of Patricia McWilliam, # 5 Proposed Order)(ARENA, CHARLES)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAILIN ARENA and PATRICIA
MCWILLIAM,

Case No.: 2:2012-cv-00778

Plaintiffs,
vs.
JOHN DOE and GOOGLE, INC.,
Defendants.
PLAINTIFFS’ MOTION FOR LIMITED EXPEDITED DISCOVERY, TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION AGAINST JOHN DOE
For the reasons set forth in the accompanying memorandum of law, which is incorporated
by reference herein, Plaintiffs Patricia McWilliam and Cailin Arena respectfully request that the
Court enter the attached Order to Show Cause and proposed order: (1) granting their request for a
limited temporary restraining order and preliminary injunction against defendant John Doe; and
(2) directing defendant Google, Inc. (“Google”) to comply with their limited request for
expedited discovery to identify John Doe. Plaintiffs’ proposed document requests are attached
hereto as Exhibit 1.
A. The Temporary Restraining Order and Preliminary Injunction
Against John Doe
Plaintiffs’ request for a temporary restraining order and preliminary injunction is limited
in scope and asserted only against John Doe, an unknown person, at this time. As explained in
the attached declarations of Ms. McWilliam and Ms. Arena, defendant John Doe continues to use
his website, located at http://secretlivessexbloggers.blogspot.com, to infringe upon Plaintiffs’
copyrighted materials. Plaintiffs own copyright applications for these materials, which were

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filed with the U.S. Copyright Office (hereinafter the “Copyrighted Materials”). Plaintiffs limit
the scope of the temporary restraining order and preliminary injunction they seek here to a Court
order requiring that John Doe cease his online publication of their Copyrighted Materials.
Because electronic filing in this case would put the materials back online, and allow any other
anonymous party to repost them, Plaintiffs also request an order providing that if Defendants
would like to file the Copyrighted Materials as an exhibit, they should do so under seal.
Defendant Google, Inc. (“Google”), is the host of John Doe’s website, with control over
John Doe’s website, and has stated that it will enforce such an Order against John Doe if one is
obtained. See Correspondence from Google, attached as Exhibit C-E to Arena Declaration and
Exhibit 1 to McWilliam Declaration. For that reason, Plaintiffs assert their motion only against
John Doe at this time. Plaintiffs assert this motion against John Doe because, as described in the
attached memorandum and declarations, they are suffering ongoing, irreparable harm as a result
of Defendants’ conduct.
B. The Limited Expedited Discovery to Identify John Doe
Additionally, Plaintiffs move for an order providing for expedited discovery to identify
John Doe, so that their complaint may be amended to name John Doe, and discovery may be
obtained from him directly. Despite Plaintiffs’ diligent efforts to identify John Doe, they have
been unable to do so because of third parties’ refusals to provide this information absent a Court
order or subpoena. As the host of John Doe’s website, Google has information concerning his
identity that it has refused to provide absent a Court order. Id. Accordingly, Plaintiffs request
that the Court order that Google respond to the attached brief discovery requests on an expedited
basis. Google has also indicated that it will provide this information pursuant to Court Order.
Id.

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Plaintiffs submit the attached memorandum of law, the declarations of Ms. Arena and
Ms. McWilliam and attached exhibits, and a proposed order, in connection with this motion and
their Order to Show Cause.
Respectfully submitted,

Dated: February 17, 2012

/s/Charles J. Arena_________________
Charles J. Arena, Esq. (Pa. Bar No. 28154)
Law Offices of Charles J. Arena
583 Skippack Pike, Suite 100
Blue Bell, PA 19422
215-540-0300
[e-mail]
Attorney for Plaintiffs

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EXHIBIT 1

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAILIN ARENA and PATRICIA
MCWILLIAM,

Case No.: 2:2012-cv-00778

Plaintiffs,
vs.
JOHN DOE and GOOGLE, INC.,
Defendants.
PLAINTIFFS’ DOCUMENT REQUESTS ADDRESSED TO GOOGLE, INC.
IN CONNECTION WITH PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
AND TEMPORARY RESTRAINING ORDER AGAINST JOHN DOE
Pursuant to the Court’s Order of February __, 2012, in the above-referenced matter,
Plaintiffs Cailin Arena and Patricia McWilliam propound the following document requests upon
Google, Inc.
INSTRUCTIONS AND DEFINITIONS
1.

The term "document" shall have the broadest meaning possible including under

the Federal Rules of Civil Procedure, including without limitation, the original and all copies,
drafts, and translations of any information in any written, electronic, recorded, or graphic form,
including all memoranda of oral conversations, as well as all compilations, catalogs, and
summaries of information or data, whether typed, handwritten, printed, recorded, or otherwise
produced or reproduced, and shall include any photograph, photostat, microfilm, or other
reproduction thereof, i every note, memorandum, e-mail, letter, telegram, publication, telex,
circular, release, article, report, prospectus, record, financial statement, computer disc, computer

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tape, microfiche, microform, index, list, claims file, analysis chart, account-book, draft,
summary, diary, journal, transcript, agreement, calendar, graph, receipt, chart, business record,
insurance policy, computer printout, or contract.
2.

The term “Google,” “you, “You” or “Your” refers to defendant Google, Inc, and

to all persons acting, or purporting to act, on its behalf, including but not limited to, servants,
agents, employees, officers, directors, accountants, and attorneys, past and present. You must
make inquiries of Your agents, employees, etc., whenever such inquiry is necessary to enable
You to respond to these document requests completely and accurately.
a.

The terms “related to” or “relating to” means constitutes, refers to, reflects,

concerns, discusses, describes, records, comprises, evaluates, analyzes, reviews, evidences, or
pertains to, or in any way logically or factually connects with the matter described in the
document request.
3.

To the extent necessary to bring within the scope of the document production

requests contained herein any document that might otherwise be construed to be outside their
scope (i) the word “or” means “and/or”; (ii) the word “and” means “and/or”; (iii) the word “all”
means “any and all”; (iv) the word “any” means “any and all”; (v) the singular includes the
plural and the plural includes the singular; (vi) masculine pronouns denote the correlative
feminine pronouns; and (vii) feminine pronouns denote the correlative masculine pronouns.
4.

In producing documents in response to this request, you are required to furnish all

documents in your possession, custody, or control that are known or available to you, regardless
of whether those documents are possessed by you, or by any agent, attorney, representative, or
employee. Documents to be produced include, without limitation, any responsive document that
was or is prepared, kept, or maintained for the personal use, in the personal files, or as the

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personal property of any affiliate or any representative of the person responding hereto. You
must make a diligent search of your records and of other papers and materials in your possession
or available to you or your attorneys or other representatives.
4.

As to any document called for in this request that no longer exists, but that you

are aware existed at one time, please identify such document and, in addition, identify the last
known location and the reason such document is no longer in existence.
7.

If any document responsive to any of the document production requests contained

herein is withheld from production on the ground that such document is privileged or otherwise
protected from discovery in whole or in part, then (i) the purportedly protected document shall be
identified by its date, author, recipients, and present location and custodian, the persons to whom
copies were furnished together with their job titles, its nature (for example, memorandum, report,
chart, letter, etc.), and its subject matter; (ii) the nature and basis of the claim that such document
is privileged or otherwise protected from discovery shall be stated, by its date, author, recipients,
nature (for example, memorandum, report, chart, letter, etc.), and subject matter, with sufficient
particularity and in sufficient detail to permit the Court to rule on the claim that such document is
privileged or otherwise protected from discovery; and (iii) all portions of such document that are
not claimed to be privileged or otherwise protected from discovery shall be produced.
DOCUMENT REQUESTS
1.

All documents related to the identity of any person(s) who posted content at

http://www.secretlivessexbloggers.blogspot.com/.
2.

All documents related to the identity of the “John Doe” defendant in the above-

captioned action.
3.

All documents related to http://www.secretlivessexbloggers.blogspot.com/.

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4.

All documents related to the IP address(es) used by any person(s) who have

logged into any accounts associated with http://www.secretlivessexbloggers.blogspot.com/.
5.

All documents related to the email address(es) used by any person(s) who have

logged into any accounts associated with http://www.secretlivessexbloggers.blogspot.com/.
6.

All documents and correspondence exchanged between You and any person(s)

who have posted content at, logged into, or accessed
http://www.secretlivessexbloggers.blogspot.com/.
7.

All documents related to the plaintiffs in this action – Cailin Arena and Patricia

McWilliam.
8.

All documents related to your decision not to remove any content at

http://www.secretlivessexbloggers.blogspot.com/.

Respectfully submitted,

Dated: February 17, 2012

/s/Charles J. Arena_________________
Charles J. Arena, Esq. (Pa. Bar No. 28154)
Law Offices of Charles J. Arena
583 Skippack Pike, Suite 100
Blue Bell, PA 19422
215-540-0300
[e-mail]
Attorney for Plaintiffs

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