Mirza v. Doe 1-2
- Ronnie Abrams
- 1:19-cv-11940
- U.S. District Court · Southern District of New York
- 3
In Mirza v. Doe 1-2, Judge Abrams granted expedited discovery allowing a subpoena to Yahoo.com to identify John Doe #1.
The ruling allows Dr. Muhammad Mirza and Allied Medical and Diagnostic Services, LLC to serve Yahoo.com with a third-party subpoena seeking information to identify John Doe #1. It also concerns Yahoo.com and the unidentified defendant.
What happened
In Dr. Muhammad Mirza and Allied Medical and Diagnostic Services, LLC v. John Does #1-2, the plaintiffs alleged that the defendants posted false and defamatory Yelp reviews and sought damages for defamation and interference with a contract. The plaintiffs had already received information from Yelp.com but could not identify John Doe #1.
The plaintiffs asked for permission to subpoena Yahoo.com, which they said was connected to an email address associated with John Doe #1. They explained that an earlier subpoena to Optimum Online did not identify the defendant because the relevant Internet address was outside that provider’s records-retention period.
Judge Ronnie Abrams granted the plaintiffs’ request for permission to serve Yahoo.com with a third-party subpoena under Federal Rule of Civil Procedure 45. She directed the plaintiffs to follow the instructions in the court’s January 8, 2020 order.
The detailed version
- Mirza v. Doe 1-2 · No. 1:19-cv-11940
- Ronnie Abrams
- Apr. 23, 2020
Background
The plaintiffs brought claims for defamation and tortious interference with contract based on allegedly false, misleading, disparaging, and defamatory reviews posted on Yelp.com by John Does #1-2. The plaintiffs sought expedited discovery—discovery allowed before the usual scheduling process—to identify John Doe #1.
On January 8, 2020, the court allowed expedited discovery directed to Yelp.com and instructed the plaintiffs to explain the party and good cause before seeking expedited discovery from additional third parties. After receiving information from Yelp.com, including a name, email address, and Internet Protocol address associated with John Doe #1’s review, the plaintiffs said they still could not identify or locate that defendant.
The plaintiffs then obtained permission to subpoena Optimum Online, the Internet service provider associated with the Internet address. Optimum Online responded that the relevant date was outside its records-retention period and could not provide identifying information. The plaintiffs therefore requested permission under Federal Rule of Civil Procedure 45 to serve a subpoena on Yahoo.com, which they identified as the web service provider associated with the email address supplied by Yelp.com.
Request and ruling
The plaintiffs argued that Yahoo.com might possess information or documents that would identify John Doe #1 and provide a physical address. They also stated that, without the requested information, they could not proceed with the action, amend the complaint, or serve the defendant.
The court granted the plaintiffs’ request for leave to serve Yahoo.com with a third-party subpoena. The court directed the plaintiffs to follow the instructions in its January 8, 2020 order when serving Yahoo.com.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.