Mirza v. John Does 1-4

Background

The plaintiffs, Dr. Muhammad Mirza and Allied Medical and Diagnostic Services, LLC, brought claims for defamation and tortious interference against John Does #1-4 based on allegedly false and defamatory reviews posted on Yelp. The plaintiffs had previously received permission to seek expedited discovery—early discovery allowed before the normal schedule when needed to identify an unknown defendant.

The plaintiffs served Yelp with a subpoena. Yelp provided information concerning Doe #3, including a user-submitted name, the internet address associated with the review, and the reviewer’s Gmail address. The plaintiffs said the submitted name appeared to be fake, and that the internet address suggested either that the reviewer was outside the country when posting or had used a virtual private network to conceal the reviewer’s identity. The plaintiffs said their efforts using business records and other available resources had not identified Doe #3.

Request for Google discovery

The plaintiffs asked for permission to serve Google with a subpoena under Federal Rule of Civil Procedure 45. They sought information and documents, excluding the contents of email communications, that could reveal Doe #3’s identity and contact information. They argued that Google likely had information that Yelp did not and that, without it, they could not identify or serve Doe #3 or continue the action.

Ruling

The court granted the plaintiffs’ request for expedited discovery from Google. The order permitted the plaintiffs to seek information necessary to learn Doe #3’s identity and contact information, so they could amend the complaint and serve the identified defendant. The order addressed discovery only; the opinion does not decide whether the plaintiffs’ defamation or tortious-interference claims are legally valid.

Disposition

Granted. So ordered.