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S.D.N.Y.Procedural orderFiled Aug. 19, 2025

Dellaportas v. Shahin

Judge
Victor Marrero
Docket
1:24-cv-00793
Court
U.S. District Court · Southern District of New York
Pages
4
DiscoveryCivil ProcedurePro Se
In one sentence

In Dellaportas v. Shahin, Judge Figueredo scheduled a conference on a subpoena dispute rather than ruling on discovery.

Who this affects

John Dellaportas and Microsoft Corporation are directly affected: the court scheduled a conference about Dellaportas’s subpoena-related motion and directed him to serve Microsoft with the order and conference notice.

What happened

In Dellaportas v. Shahin, plaintiff John Dellaportas asked the court to hold a conference about his planned motion to compel Microsoft Corporation to respond to a subpoena for information about a Hotmail account. He said the information could help identify who sent an allegedly libelous email.

Microsoft objected based on foreign privacy laws, the subpoena’s stated place of compliance, and its position that some requested records were not within its control. Dellaportas disputed those objections and asked to compel production and testimony.

Judge Valerie Figueredo did not decide the subpoena dispute in this order. She directed that the motion at ECF No. 41 would be addressed at a September 23, 2025 conference and ordered Dellaportas to serve Microsoft with the order and conference notice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Dellaportas v. Shahin · No. 1:24-cv-00793
Judge
Victor Marrero
Date
Aug. 19, 2025

Background

John Dellaportas, who states that he is technically representing himself, submitted a letter motion requesting a discovery conference. The underlying case is described in the letter as a libel dispute involving an email sent from the account Rayvet40@hotmail.com. Dellaportas alleges that the email contained false accusations about him and states that the identity of the account holder is central to the case.

Subpoena dispute

Dellaportas served Microsoft Corporation with a subpoena seeking non-content information about the Hotmail account, including subscriber information, internet-connection logs, Internet Protocol addresses, and other registration data. He also sought testimony from a Microsoft corporate representative.

The letter reports that Microsoft objected on three principal grounds: possible restrictions under foreign data-privacy laws, including the European Union’s General Data Protection Regulation; an allegedly improper place of compliance in New York; and Microsoft’s position that the requested Internet Protocol logs were not within its possession, custody, or control. Dellaportas argued that the objections did not justify refusing to comply.

Court’s action

Judge Valerie Figueredo did not grant or deny the requested motion to compel in this order. Instead, the court stated that the motion at ECF No. 41 would be addressed at the September 23, 2025 conference. The court also directed Dellaportas to serve Microsoft with a copy of the order and the conference notice. The conference was scheduled for September 23, 2025, at 10:00 a.m. in Courtroom 17-A at the Southern District of New York.

Classification

This is a procedural order because it schedules a discovery conference and gives a service direction without deciding whether Microsoft must produce the subpoenaed information.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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