Cvent, Inc. v. Eventbrite, Inc. et al

Filing 21

STIPULATION AND CONSENT ORDER RE: PLAINITFF'S MOTION FOR EXPEDITED DISCOVERY CONCERNING IDENTITY OF DOE 1-10. ( see Order for details) Signed by District Judge Leonie M. Brinkema on 5/19/10. (tfitz, )

Cvent, Inc. v. Eventbrite, Inc. et al

Doc. 21

Lr

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

CVENT, INC.
Plaintiff,

)

)

)
)

v. EVENTBRITE, INC. and DOES 1-10, individuals and/or business entities of unknown nature,
Defendants.

)

)

Civil Action No. 1:10-cv-481 (LMB)

)
) ) )

)

)
)

STIPULATION AND CONSENT ORDER REGARDING PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY CONCERNING IDENTITY OF DEFENDANTS DOE 1-10 AND
LITIGATION STANDSTTIJ,

Plaintiff Cvent, Inc. ("Cvent") and Defendant Eventbrite, Inc. ("Eventbrite") hereby
stipulate and agree as follows:

1. Eventbrite consents to the relief requested in Plaintiffs Motion for Expedited Discovery Concerning Identity of Defendants Doe 1-10. Plaintiff shall be permitted to issue a

Request for Production of Documents and a subpoena duces tecum substantially in the

form attached to this Stipulation and Consent Order as attachments A and B, respectively.
Eventbrite agrees to produce the documents specified in the Request for Production of
Documents within ten (10) days, as specified in that Request.

Dockets.Justia.com

2.

Subject to the discovery requests set forth in paragraph 1, above, Cvent agrees to refrain

from prosecution of this litigation against Eventbrite for a period often (10) days from

the date of this Stipulation and Consent Order. Nothing in this Stipulation and Consent Order is intended to constrain or prohibit Cvent from prosecuting this litigation against defendants Doe 1-10, including but not limited to the service of process on one or more
of those defendants. Eventbrite's time to answer or otherwise respond to the Complaint
in this action shall be extended by ten (10) days.

3. During the pendency of this action, each party agrees not to download or otherwise
obtain data from the website of the other, or access the other's website without

authorization, and will not induce, encourage, cause or materially contribute to any other
person or entity doing the same. Nothing herein shall bar Cvent from accessing Eventbrite's website to monitor compliance with this Order.

4. During the pendency of this action, Eventbrite agrees to maintain the status quo, as of the

date of this Order, of the contents of the relevant sections of its website, specifically

including the "venue directory" section referenced in Cvent's Complaint, and shall not
create or publish any other sections providing comparable functionality.

5. Paragraphs 3 and 4 of this Stipulation and Consent Order shall not apply to the actions of

outside counsel and their consultants taken in connection with the prosecution or defense
of this action.

6. Cvent and Eventbrite agree that this Stipulation and Consent Order render Plaintiffs

Motion for Temporary Restraining Order and Motion for Preliminary Injunction moot as

to Eventbrite, but does not does not affect those Motions as to any other person or entity,
including but not limited to defendants Doe 1-10.

Dated: May 19, 2010 Respectfully submitted,
PLAINTIFF CVENT, INC.
/s/ Oliver Garcia

DEFENDANT EVENTBRITE, INC.
/s/ Eric J. Feigin

Paul C. Rauser (admitted pro hac vice)

Eric J. Feigin (VSB #72931) Deneen J. Melander (VSB #27445)

Oliver Garcia (Va Bar No. 70087)
AEGIS LAW GROUP LLP

901 F Street, N.W., Suite 500
Washington, D.C. 20004

ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP
1801 K Street N.W., Suite 411L
Washington, D.C. 20006 [phone] (phone) [phone] (fax)

Tel: [phone]/Fax: [phone] email: [e-mail]
Attorneys for Cvent, Inc.

efeigin @robbinsrussell .com Attorneys for Eventbrite, Inc.

SO ORDERED.

Leonie M. Brinkema

United States District Judge
Date::

/H

30 [O

0

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

CVENT, INC.
Plaintiff,

j
)

v-

)

)

Civil Action No. 1:10-cv-481

EVENTBRITE, INC.

)

entities of unknown nature,

and DOES 1-10, individuals and/or business
Defendants.

)
)
)

FIRST REQUEST FOR PRODUCTION TO DEFENDANT EVENTBRITE. INC. Pursuant to Federal Rule of Civil Procedure 34 and order of the Court, Plaintiff

PLAINTIFF CVENT, INr.'fi

Cvent. Inc., by and through undersigned counsel, hereby requests that Defendant Eventbrite, toe.

produce for inspection and copying the documents described below at the oflHces of Aegis Law Group LLP, 901 F Street, N.W., Suite 500, Washington, D.C. 20004, within ten (10) days fiom
service hereof. .

DEFINITIONS

1.

The term "document" has the broadest allowable meaning under the.

Federal Rules of Civil Procedure.

2.

The term "person" means any individual, company, corporation,

partnership, association, business trust or other form of legal entity.

3.

The term "identify" when used with respect to an individual, means to

provide (1) his or her name; (2) business affiliation and official title and/or position; and (3) his

or her last known residential address, business address, telephone number, and electronic mail
address.

4.

"Identify" when used with respect to a company or other business entity

means to provide: (1) the company's legal name, any former names, and the name under which it

trades or does business; (2) the address of its principal place of business; and (3) the identity of
its chief executive officer.

5.

The term "venues directory" refers to the group of web pages on the

website eventbrite.com and/or managed by Eventbrite, Inc. that provide venue-specific

information on venues (including hotels, restaurants, and other locations) such as capacity,

location, amenities, and text descriptions. The term includes the city-specific pages containing links to particular venues, and should be construed to include all eventbrite.com and Eventbritemanaged pages referenced in Plaintiffs Memorandum of Points and Authorities in Support of Its
Motion for Temporary Restraining Order and Preliminary Injunction.

6.

The use of a verb in any tense shall be construed as the use of the verb in

all other tenses whenever necessary to bring within the scope of the request all documents that
might otherwise be construed to be outside its scope.

7.

The connective "and" shall be construed either disjunctively or

conjunctively as necessaiy to bring within the scope of the discovery request all documents that
might otherwise be construed to be outside of its scope.

8.
versa.

The use of the singular form of any word includes the plural and vice

INSTRUCTIONS

1.

This request applies to all documents in your possession, custody or

control, or in the possession, custody, or control of your agents, servants, employees, representatives, attorneys, or by any other persons or entities acting, or who has acted, on your
behalf.

2.

If, in responding to any of these requests, you encounter any ambiguity in

construing either the request or a definition or instruction relevant to it, in your response set form the matter deemed ambiguous and the construction selected or used in responding to the request.
3. If any document necessary for fulfillment of this request was, but no

longer is, in your possession or subject to your control and cannot be produced by you, state for such document whether the document is missing or lost, has been destroyed, has been transferred
voluntarily or involuntarily to others, or has been otherwise disposed of, and in each instance
explain the circumstances surrounding the disposition of the document, state the date or

approximate date of that disposition, and identify the person who you believe has control of the
document

4.

If privilege is claimed with respect to any document necessary for

fulfillment of this request, state the following concerning the document: (a) the date of the

document; (b) the name of the person who prepared, signed or participated in the preparation of the document and the relationship of that person(s) to you; (c) the name of each person to whom

the document was addressed, given or sent, or who received such document or copy thereof, and
the relationship of that person(s) to you; (d) the identity of each person having possession,
3

custody or control of the document or copy thereof, and the relationship of that person(s) to you;

(e) the subject matter or the circumstances of its preparation in sufficient detail to ascertain the applicability of the privilege or the claim of privilege; and (f) the legal or factual basis for any
claim that such document is privileged or otherwise not a proper subject for discovery.
5. This request is continuing in character and requires further response if

additional documents necessary for fulfillment of the request are obtained or located subsequent
to your initial response.

REQUEST

1.

Documents sufficient to identify all persons involved in the conception, planning,

and creation of Eventbrite's venues, directory.

Respectfully submitted, AEGIS LAW GROUP LLP
By: __

Paul C. Rauser (application for admission pro hoc

Thomas Shakow (Va Bar No. 70291) (application
.
Washington, D.C. 20004
iaii

Oliver Garcia (Va Bar No. 70087)

vice pending)

901 F Street, N.W', Suite 500

for admission pending)

email:

Tel: [phone]/Fax: [phone]

Attorneysfar Cvent, Inc.
Dated: May ,2010

EXHIBIT B

United States District Court
for the

Western District of Michigan
Cvent, Inc.
Plaintiff
V.

i

)

)

Civil Action No. 1:10-cv-4B1
(If the action is pending iq another district, slate where: Eastern District of Virginia

Evanttorite, Inc. and DOES 1-10
Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES

To: Liquid Web, Inc., 4210 S. Creyts Road, Lansing, Ml 48917

T ^ COMMANDED to P»d<*e «the time, date, and place set forth below the following

Place: TO BE ENTERED BY PLAINTIFF

Date and Time:

TO BE ENTERED BY PLAINTIFF

£T££^.°f "T"" by y°° 3t *e *»· the property or any designated object or the req^estmg may mspect, measure, survey, photograph, test, or sample ^ d l0C8ti0n ·« forth W^« *£openSn on if

<ifPJmba! YOU ASE COMMANDED to permit entry onto the designated premises, land, or

3

45

45(?'reIating to y0Ur protection « a P*5"011 «*M to · «»bpocna, and Role
, are

Date:

TraceyCordes. CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk
Attorney't signature

The name, address, e-mail, and telephone number of the attorney representing (nameofparty)

Cvent, Inc.

, who issues or requests this subpoena, are:

Civil Action No. 1:10-cv-481
PROOF OF SERVICE

(This section should not befiled with the court unless required by Fed. S. Civ. P. 45.)
This subpoena for (name ofIndividual and title, ifany)
was received by me on (date) · ' "~

O I personally served the subpoena on the individual at (place)
on (dale)
;or

O I left the subpoena at the individual's residence or usual place of abode with (name)
--
on (date)

. a person of suitable age and discretion who resides there,

.

. ·m<i mailed a copy to the individual's last known address; or
wno y.

O I served the subpoena to (name ofindividual)

designated by law to accept service of process on behalf of (name Organization)
on (date)
;or

'
;or

O I returned the subpoena unexecuted because
O other feMcjjfek-

S^?f ^P°-na "? *"£*one beh8lfattendance, and the mileage allowed by law, in the amount of °D day's °f *" Uaited States'or one of ite ^cers or agents, I have also tendered to the mtness fees for
My fees are $

for travel and S

for services, for a total of $

I declare under penalty ofperjury mat this information is true.
Date:

Server's signature

Printed name and Me

Server's address
etc:

AO88B (Rev. 01/09) Subpoaato Produce DreumCTls, Information, of Objects or to Permit Inspection of Premites (Page 3)

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective I2/I/07)
(c) Protecting a Person Subject to a Subpoena.

reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this
who fails to comply.

attorney responsible for issuing and serving a subpoena must take

(1) Avoiding Undue Burden or Expense! Sanctions. A party or

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically
stored information:

(d) Duties in Responding to a Subpoena.

duty and impose an appropriate sanction -- which may include lost earnings and reasonable attorney's fees--on a party or attorney

course of business or must organize and label them to correspond to
the categories in the demand.

(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place ofproduction or inspection unless also commanded to appear
for a deposition, hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises -- or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the
following rules apply:

(0 At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production
or inspection.

discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue buiden or cost If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.

(B) Form for Producing Electronically Stored Information Not Specified, If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (Q Electronically Stored Information Produced in Only One Font. The pereon responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The pereon . responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost On motion to compel

GO These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance
(3} Quashing or Modifying a Subpoena.
quash or modify a subpoena that: (0 fails to allow a reasonable time to comply,

(A) When Required. On timely motion, the issuing court must

. employed, or regularly transacts business in person -- except that,
the trial is held;

(ii) requires a person who is neither a party nor a party's officer to travel more than 100 mites fiom where that person resides, is

subject to Rule 45(cX3)(BXiii), the person may be commanded to attend a trial by traveling from any such place within the state where

no exception or waiver applies; or

(HI) requires disclosure of privileged or other protected matter, if

subpoena if it requires:

a subpoena, the issuing court may, on motion, quash or modify the

(B) When Permitted. To protect a person subject to or affected by

(iv) subjects a person to undue buiden.

(1) disclosing a trade secret or other confidential research, development, or commercial information;

the court under seal for a determination of the claim. The person who produced the information must preserve the information until
the claim is resolved.

party that received the information of the claim and the basis for it After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to

preparalion material, the person making the claim may notify any

subpoena is subject to a claim of privilege or of protection as trial-

protection as trial-preparation material must (Q expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible filings in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a

information under a claim mat it is privileged or subject to

[X) Information Withheld. A person withholding subpoenaed

(Z) Claiming Privilege or Protection.

specified conditions if the serving party;

modifying a subpoena, order appearance or production under

(HQ a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 miles to attend trial. (Q Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may. instead of quashing or (i) shows a substantial need for the testimony or material that

does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or

(10 disclosing an unretained expert's opinion or information that

who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(AXii).

(e) Contempt The issuing court may hold in contempt a person

compensated.

cannot be otherwise met without undue hardship; and (U) ensures that the subpoenaed person will be reasonably

ATTACHMENT A
DEFINITIONS

1.

The term "document" has the broadest allowable meaning under the Federal

Rules of Civil Procedure.

2.
3.

The term "person" means any individual, company, corporation, partnership,
The term "identify" when used with respect to an individual, means to provide

association, business trust or other form of legal entity.

(1) bis or her name; (2) business affiliation and official title and/or position; and (3) his or her last

known residential address, business address, telephone number, and electronic mail address.
4. "Identify" when used with respect to a company or other business entity means to
provide: (1) the company's legal name, any former names, and the name under which it trades or does

business; (2) the address of its principal place of business; and (3) the identity of its chief executive
/'"'") officer

5.

The use of a verb in any tense shall be construed as the use of the verb in all

other tenses whenever necessary to bring within the scope of me request all documents that might
otherwise be construed to be outside its scope.

6.

The connective "or" shall be construed either disjunctively or conjunctively as

necessary to bring within the scope of the discovery request ail documents that might otherwise be
construed to be outside of its scope.
INSTRUCTrONS

1.

This request applies to all documents in your possession, custody or control, or in

the possession, custody, or control of your agents, servants, employees, representatives, attorneys, or by
any other persons or entities acting, or who has acted, on your behalf.

2.

rf, in responding to any of these requests, you encounter any ambiguity in

construing either the request or a definition or instruction relevant to it, in your response set forth the
matter deemed ambiguous and the construction selected or used in responding to the request.

3.

If any document necessary for fulfillment of this request was. but no longer is. in

your possession or subject to your control and cannot be produced by you, state for such document

whether the document is missing or lost, has been destroyed, has been transferred voluntarily or
involuntarily to others, or has been otherwise disposed of, and in each instance explain the

circumstances surrounding the disposition of the document, slate the date or approximate date of that
disposition, and identify the person who you believe has control of the document

4.

If privilege is claimed with respect to any document necessary for fulfillment of

this request, state the following concerning the document: (a) the date of the document; (b) the name
of the person who prepared, signed or participated in the preparation of the document and the
relationship of that person(s) to you; (c) the name of each person to whom the document was

addressed, given or sent, or who received such document or copy thereof; and the relationship of that
persons) to you; (d) the identity of each persbn having possession, custody or control of the document or copy (hereof, and the relationship of that person(s) to you; (e) the subject matter or the circumstances

of its preparation in sufficient detail to ascertain the applicability of the privilege or the claim of

Privilege; and (0 the legal or factual basis for any claim that such document is privileged or otherwise
not a proper subject for discovery.

5.
response.

This request is continuing in character tod requires further response if additional

documents necessary for fulfillment of the request are obtained or located subsequent to your initial

REQUEST

1.

Documents sufficient to identify the person or persons using Internet Protocol (IP)

address 67.225.179.162 during the period fiom September 20,2008 to October 4,2008.