Filed: Oct. 10, 2017
Latest Update: Oct. 10, 2017
Summary: ORDER QUASHING SUBPOENA AND ORDER TO SHOW CAUSE RE: SANCTIONS HOWARD R. LLOYD , Magistrate Judge . Plaintiff's lead counsel, Mark Mao, recently filed with the Court a declaration stating that his firm subpoenaed Yahoo and Google in an effort to identify the as-yet-unknown defendants in this case. Dkt. No. 7. At a subsequent case management conference, an associate from Mr. Mao's firm confirmed that subpoenas had been served on Yahoo and Google, and that Yahoo had already produced records in
Summary: ORDER QUASHING SUBPOENA AND ORDER TO SHOW CAUSE RE: SANCTIONS HOWARD R. LLOYD , Magistrate Judge . Plaintiff's lead counsel, Mark Mao, recently filed with the Court a declaration stating that his firm subpoenaed Yahoo and Google in an effort to identify the as-yet-unknown defendants in this case. Dkt. No. 7. At a subsequent case management conference, an associate from Mr. Mao's firm confirmed that subpoenas had been served on Yahoo and Google, and that Yahoo had already produced records in ..
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ORDER QUASHING SUBPOENA AND ORDER TO SHOW CAUSE RE: SANCTIONS
HOWARD R. LLOYD, Magistrate Judge.
Plaintiff's lead counsel, Mark Mao, recently filed with the Court a declaration stating that his firm subpoenaed Yahoo and Google in an effort to identify the as-yet-unknown defendants in this case. Dkt. No. 7. At a subsequent case management conference, an associate from Mr. Mao's firm confirmed that subpoenas had been served on Yahoo and Google, and that Yahoo had already produced records in response. Dkt. No. 9.
Both subpoenas were issued in violation of Federal Rule of Civil Procedure 26(d)(1), which prohibits, subject to exceptions not relevant here, the taking of any discovery without a court order before a Rule 26(f) conference. The parties have not engaged in a Rule 26(f) conference, and Plaintiff did not seek leave from the Court to conduct early discovery.
Accordingly, the Court orders that the subpoena to Google be quashed. In addition, the Court orders Mr. Mao to appear in Courtroom 2, 5th Floor of the United States District Court, 280 South First Street, San Jose, California on October 24, 2017 at 1:30 P.M., and show cause, if any, why the Court should not impose sanctions for discovery abuse.
IT IS SO ORDERED.
