McCausland v. Gray Television, Inc.
- Paul Gardephe
- 1:22-cv-07539
- U.S. District Court · Southern District of New York
- 2
In McCausland v. Gray Television, Inc., Judge Gardephe ordered 45 days of limited discovery on personal jurisdiction and venue.
David McCausland and Gray Television, Inc.; the order governs their limited discovery concerning personal jurisdiction and venue.
What happened
McCausland v. Gray Television, Inc. concerns discovery about whether the court has personal jurisdiction over Gray Television, Inc. and whether venue is proper. The opinion does not decide those issues.
The parties must investigate when David McCausland accessed videos on a website controlled by Gray Television, Inc., and whether his Facebook identification, the video name, and the website address were sent to Facebook. They must also examine the website terms in effect during each incident, how McCausland was notified of those terms, and whether he agreed to them.
Judge Paul G. Gardephe limited this discovery to 45 days and ordered the parties to submit letters by March 23, 2023, describing what the discovery showed.
The detailed version
- McCausland v. Gray Television, Inc. · No. 1:22-cv-07539
- Paul Gardephe
- Jan. 30, 2023
Nature of the Order
The court entered a discovery order addressing personal jurisdiction and venue. Personal jurisdiction concerns whether the court has authority over the defendant; venue concerns whether this federal district is the proper location for the case. The order did not resolve either issue or the merits of the underlying dispute.
Required Discovery
For the next 45 days, the parties were ordered to conduct discovery limited to two subjects:
1. The dates and times when David McCausland allegedly accessed one or more videos on a website controlled by Gray Television, Inc., in connection with which his Facebook identification, the video’s name, and the website’s URL were transmitted to Facebook.
2. For each alleged incident: - the terms of use in effect at that time; - whether, and how, McCausland was notified of those terms; and - whether, and how, he showed that he agreed to those terms.
The court cited a prior decision discussing notice and consent principles for online contracts.
Reporting Deadline and Disposition
The parties must submit letters by March 23, 2023, explaining what the jurisdictional discovery revealed. Discovery during the 45-day period is limited to the subjects listed in the order. This is a procedural discovery order, not a ruling on personal jurisdiction, venue, liability, or the merits of the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.