Betty's Best, Inc. v. The Facebook Advertisers Listed on Schedule A

Background

Betty’s Best, Inc. filed an ex parte motion seeking four forms of relief: a temporary restraining order, an asset freeze order, expedited discovery, and a preliminary injunction. The opinion does not describe the underlying claims.

Ruling on the subpoena

The court found that Betty’s Best had shown “good cause” to serve a third-party subpoena on Meta Platforms, Inc. under Rule 45 of the Federal Rules of Civil Procedure. The court granted Betty’s Best leave to serve Meta with a subpoena seeking identifying information for 592 Facebook advertisers, including their names, email addresses, telephone numbers, and physical addresses if available. Betty’s Best must attach a copy of the order to the subpoena.

Betty’s Best may use information produced in response to the subpoena only to protect and enforce its rights in this action, as described in its motion and supplement.

Notice and challenges to the subpoena

Meta must serve the subpoena and a copy of the order on the defendants within 21 days after the subpoena is served on Meta. Each defendant and Meta have 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a defendant challenging the subpoena, Meta has 10 days to produce the responsive information for that advertiser. Meta may not produce the information before the 40-day period has expired. Meta must preserve the subpoenaed information while awaiting production or final resolution of a timely motion to quash.

Disposition

The court granted Betty’s Best leave to subpoena Meta and denied the rest of the motion without prejudice. The order disposed of the motion identified as Docket No. 16. Judge Jacquelyn Scott Corley entered the order on September 26, 2023.