ApplicationCal. Super. - 6th Dist.October 25, 2018SUBP-030 David P. Heim, Esq. (PA Bar No. 84323) ’°R°°”R’”s‘°”"ATTORNEY OR PARTY WTHOUT ATTORNEY (Name, Stare Barnumber, and am“): 1524 Locust Street. Philadelphia. PA 191 02 Phone: 21 5-735-3900 TELEPHONE N0; FAX No. (Optionar): 1| E“Wt ADDRESS 10W”): dheim©bochettoandlentz.com I L AWORNEY FOR (Name): Plaintiffs Court for county in which discovery Is to be conducted: S U perior Court 0 C T 2 5 2018 SUPERIOR COURT1OQF1 C&LIFORNIA, COUNTY 0F santa Clara iSTREETADDRESS: orth First Street _ Cl- k of the Court cgfiifig: ‘r - - - n‘fi CA Cog? of Santa Clara - San Jose. CA 951 13 B l men DEPUTY BRANCH NAME: CITY. STATEAND a9 cone: Media, PA 19063 Cow? In which action is pending: Court Of Common Pleas Name of Com: Delaware County. Pennsylvania smsmoonsss; 201 W Front Street MNUNGADDRESS: | COUNTRY; U_S_A_ l I . . . cAUFOR I CASE NUMBER a ' pLAzNTlFF/pETITIONER: Christian Subblo, et al NA I I ( Wass'wd Wm") DEFENDANTIRESPONDENT:Sylvia Simons, etal 1 8 g V 3 3 6? 47 CASE NUMBER (of Ewan pendil'q wtsida Californla)? APPLICATION FOR DISCOVERY SUBPOENA IN ACTION PENDING OUTSIDE CALIFORNIA CV-201 8-007960 1. Applicant (name), Christian Subbio & Subbio Center for Plastic Surgery, LLC 4. Applicant submits with this application a proposed subpoena that includes tenns identical to those in the document fro - is (check one): Plaintiff E Petitioner E Defendant D Respondent E Other (specify): in the above action. 2. Applicant requests that this court issue a subpoena for discovery under Code of Civil Procedure sections 2029.100 - 2029.900 to (name and address ofdeponent or person in control ofpmpeny): Google, Inc. c/o Custodian of Records, 1001 N. Shoreline Blvd., Mountain View, CA 94043 3. Attached is (check one): E the original. a true and correct copy of the document from the court in which the action is pending that requires the person in 2 to (check all (hat apply): a. E attend and give testimony at a deposition; i b, produce and pennit inspection and copying of designated materials, information. or tangible things in the possession, custody. or control of the deponent: - c. D permit the inspection of premises underthe control of the deponent. the out-of-state court. (Code of Civil Procedure section 2029.300(d).) I oate:|o[zs/w ‘ David P. Heim. Esq. } I crYPE 0R PRINI NAME) Mums 0F AWfiRTEY otl't WARN wn'mour ArronNEV) , I Note: This application must be accompanied by the fee specified in Government Code sectIoh 70626. A discovery subpoena must be personally served on the deponent i'n compliance with Californja law, including Code of Civil Procedure section 1985. 5U3P-°3° IN” Jam“! 1- 2m] IN ACTION PENDING OUTSIDE CALIFORNIA _ Page 1 o! 1 F°Tugggtc‘e‘mn'gfiggm“ APPLICATION FOR DISCOVERY sUBPOENA ”°“cmpmmg‘3flgfig BY FAX r.»......;._._....w‘.. . COMMONWEALTH 0F PENNSYLVANIA r COUNTY OF DELAWARE Christian Subbio, et a1. v. : CivilNo. CV-2018-007960 Susan Alberto, et -al-. . SUBPOENA T0 PRODUCE DOCUWNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . Google,. Inc. c/o Custodian of Records . I To: 1001 N. Shoreline: Blvd... Mountain View. CA 94043 (Name of'Person or Entity) Within twenty (20) days after service of this subpoena, you arc ordered to produce the following: See attached at: Qlease email resgonsive documents t9 dpgugllfiflinclaumnm -_(Add1'ess) If you fail to produce the documents or things required by this NOTICE TO PRODUCE. you may be subject to the sanctions authorized by Rule 234 5 of- the PA Rules of Civil ”Procedure This subpoena was issued at the request of the following person: Name: David P- Hem . Esq- ImportantNote: ALL QUESTIONS AddreSs: Bochetto & Lentz . 'P. C. REGARDING THIS SUBPOENA MUST BE 1524 Lo'cust Street ADDRESSED To THE -' PERSON NAMED AT THE Philadelphia , PA '1 91" Qz LEFT, WHO REQUESTED THAT IT BE ISSUED,m THE OFFIQE OFJUDICIALm , Telephone: (215)735-3900 i Supreme Court ID#: 8323323.} Attorney for Plaintiffs I DATE: 4 -..' I ' -' 1’". r ‘ , SEAL 0F THE COURT; CLERKMEICE 0F JUD/JCIAL..SUPPQRT z; -‘ ‘ COMMONWEALTH 0F PENNSYLVANIA COUNTY 0F DELAWARE Christian S'ubbio, et a1. : 3 V- : Civil No. cv-2018-'oo7960 Susan Alberto, et a1. Google, Inc... c/o Custodian of Records To: (Person Served WithISubpoena) You are required to. complete the_ following Certificate of Compliance with-producing documents or things pur‘Suant 'to the__ Subpoena. Send th‘e documents or things, falang with .this Certificate of COmpliance (with yo'ur original signature), to the person atwhoée request the subpoena was issued (see Address on the reverse). 'DO NOT SEND THE DOCUNIENTS, 0R THINGS, 0R THE. CERTIFICATE OF COMPLIANCE TO THE DELAWARE COUNTY OFFICE OF JUDICIAL SUPPORT CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THIGS PURSUANT T0 RULE 4009.23 I_, (Person Served with Subpoena), certify to the best ofmy knowledge, information, and belief that all docurhentis or things required to be produced pursuant to the subpoena issued on . (Date of Subpoena) have been produced. ! l (Signature of Person Served witlh Subpoena) Date: EXHIBIT A . . . | .We request mformatlon on Google, Inc. users who have posted negatlve comments/rewews at the following Google Review: a. “Sylvia Simons” posted 1n or about September 201 8 (screen shot attached) httns.//www“200216com/mgL/contlib/l 08355988763682759887/reviews/@39. 9861 74 - 75 .4055756. l7z/data=!3ml !4bl l4m3!8m2!3m1.' lel ?hI=en-US b. “Jenny J” posted on October 16, 20 1 8 (screen shot attached) htmszllwwwgoogle.com/maps/contrib/I 13488701 l85889468784/reviews/@3 9.986174,- 75.4055756.17z/data=!3m1 !4b1 !4m3!8m2!3m1 llel?hl=en-US We request a copy of the full substance for each of the above review including co'ntent' of review, and date and time it was posted. We request this for the time period of January 1, 2015 to Present day. Information Requested For each revicw/comment as specified above, please provide the following account information on the users who submitted the reviews as it relates to their Google, Inc. account: 1. 2. 10. ll. Join date Last [ogin First'Name LastName Email Address Email notification address for follow up comments User's Phone Number if entered City and Zip Code Originating IP addresses for each and every connection by e'ach user to your serv1ces, 1nclud1ng the 1111t1al account estabhshm Remote port number for each user connection The date and time for each session ent I 12. The time zone used by your 10g file record system 13. User agent detail ofthe user's computing devices for eacli ses'sion 14. Any and all forwarding email addresses ofthe users I 15. Any and all linked accounts ofthe users i 16. Any additional information about these authors/users not otlIerwise Specified Counsel and Parties: DANIEL A. POWELL, Esq. d owell minclaw.com MINC LLC 200 Park Avenue, Suite 200 Orange Village, Ohio 44122 Phone: 21 6-373-7706 Fax: 440-792-5327 DAVID P. HEIM, Esq. dheim@bochettoandlentz.com Bochetto & Lentz, P.C. 1524 Locust Street Philadelphia, PA 19102 Phone: 215-735-3900 Fax: 215-735-2455 Attorneys for Plaintiffs Ill Sylvia Simons 1 contribution ) REVIEWS PHOTOS 1 review §m o Subbio Plastic Surgery a Medical Spa.n" 3734 West Chester Pike, Hawtown Square, PA 19073 kwhhk x: amomhago I went for Fla sfic surgery to DI Subbio, and discussed two plastic surg ery procedures. To make it very simple;- l ended up wnh one 0f procedures not being wh at I asked for. l got a breast lift instead of a breast reduction. It ls in my initial consultation but the actual legal form I signed; which they dld not explain the form to me. was signed by me. l trusted these people?!) have listened to me and not given me the wrong fonn to sign I guess l needed a lawyer to read the forms for me. I did not expect them to be a plastic surgery MILL! So, I ended up not being able to sue do Io this technicality and stuck with paying the biiL I am sharing this with the pubfic because I beiieve what they did was intentional and that there is something very shange about their office personnel. None of them had any concern abom what they did. They IiteraIly ignored me and walked away. 1 find this type of behaviour to be sociopathic and I wam you to no! deal with these peopfemithout a LAWYER!!! st Like < share Response from the owner a month ago DEAR READER This Is a FALSE REVIEW. Aflet 8 years of nearly perfect reviews, in the pas! two weeks we have received, daily, highly negative reviews across multiple sites that don’t requixe user aulherm‘cation, obviously by a competitor. Not only do we have no records of such patients. nor ate the]! cliniml stoties familiar, but all are pasted from highly suspicious accounls~ some are even Iis’led as by me! We are curreme wotking with Inca! law enforcement and have retained counsel towards pursuing both a civil action and criminal 1 prosecuiion. Luckiiy,there is always a digflal trail :).- Cosmetic Medicine is a compeflflve business, and It‘s unfortunate that some woutd stoop to these levels. Please check 0U! leviews from sites like RealSelf, where users ate authenticated to get an idea of what over a hundred of our REAL patients think. Thanks! -Dr. Subblo z) .M u Document title: Google Maps Capture URL: https:llwww.google.comlmapslcontrib/1 08355988763682759887lreviewsl@ 39.9861 74.-75.4055756,1 7zldatal=lam1 !4b1 I4m3!8m2lam1 I1e1 ?hl=en-US CapIure timestamp (UTC): Wed. 10 Oct 201 8 20:05:53 GMT Q‘ ' 136* r Q . ofic‘ Q\ A .‘fi Q $ Zoés thhen _= Moo Pizza ’r IWIM ' mflfi , ..,.9 .1. ChesxerfiK: r Subbio ‘Plastic surgery gmeaka‘ spa‘ r ”51w ' Ellis Preserve k Firepoim GrlIl -- J _ ": fies: CheslefP-‘kfig 1 é? '3‘ 39 sf c° $9 r e», grey - i.” ‘51?! - l .. . - vmwm‘m f .9 - Dan‘xniDonuIsQ R I Luig! and Glo'. I . _ 6 I w - \ I y ~. I i. N. x I 9 l Fine Wine 8. 3i a 1‘ Good Spirits .. ”A“: I. -- --- q.” ‘5 ' ' a "' --=. ._ NemgvaTSquareUbeny EN J Kym Bel . Ne; 1n ov‘b L4. e?" '- ' é} = _ .52 9 Straiford Ffiéhds Sgt *1 Carriage House Apartments 4e- .-._ __ -___~ .,_. 4‘. Tangy “Mn- .3. 1 -‘§ b .9§ I x P‘éy Googlelfl‘ r j. I E5] onfia Map‘dau ezcm Googii Hake! Smu Tenn! Send fudhack 200 frI-x Page 1 oI 1 u _“ s '1'' . y . f H I Ballroom ax EllislPrqgewefi . . I _ f; ..- "i _ -. . i I ‘ ‘4 . \. .w. k “x "-r A ._ '-.. :- ; JennaJ 1 conuibufion 3 r B00 “h .....n~...._,_ N . .L REVfEWS PHOTOS 1 review ‘~ 865mm- ,“)..h‘ M w Sybbio Plastic Surgery 8. Medical Spa" 3734 West Chester Pike, Newtcwn Square, PA 19073 ft k i- 3x aday ago Nat happy at all. l went fa: a Iipasucfion and bb! and my Iesults are terrible. Really wishgl asked him to show me more watt and investigated ms experience. l got caught up "in the whoie social media ‘Instagxam' hype of this doctor. $14k wasled, dawn the drain. Highly NOT recommend. Talk about over promises and undeiivered. Went fm my second-ccnsuitation to fix this mess and I choose a doc who is highiy experienced in what I wanted. I'm learning more about this business and one of the ladiesfrom the {acility l chose said she has theee doctors but they all do different. things because they don’t believe ‘In ”jack of all trades, masters of none‘. If Dr Subbfo had a heart or conscious he would have given me a refund or partial at ieast. J was dismissed and treated like a plague after my first complaint Re offered no soiution to my psoblem or unsatisfying results. I have tdwark double shins now to save again to pay again. My expectations were realistic and Dr Subbio can reply to my review all be wants but this one ls not fake._ His staff also needs a attitude adiustmem. heaving clients on hold on the phone for 27 mins is not cook Not everyone is going to be happy with the work ‘rl‘s the way you handle "rt that makes the difference. 3 132$) :3? Like 4 Share I eggbziéb ?%wasegg w \- _._,- a , ,_ .‘g- 1‘99; {3x "M flit. _ pdmemsemze anzewmésnlrms mdiusbacy __2ao l Document title': Google Maps I I. 3m1 l4b1 !4m3!8m2!3m1 l1 e1 ?hl=en-USCapture URL:-https:I/www.google.comlmaps/contribh 13488701 185889468784Ireviews/@ 39.986174.-75.4077643.172/data=l Capture timestamp (UTC): Wed, 17 Oct 201 8 20:41 :04 GMT ' Page 1 of 1 Exhibit B 1. UNIQUE IDENTIFIERS, USER NAMES, OR SUBSCRIBER ACCOIIJNT IDS. The information sought for preservation and/or production is in relation to the user_(s) of and/or subscriber(s) to your products and services listed herein below (hereinafter cal ed “User” and includes both singular and plural): a. arnecostnebox@gmail.com b. aakarhelderiq@gmail.com c. extilladejsel@gmail.com . 2. IP ADDRESS ACCESS LOG INFORMATION: I a. The connection log information for the Google email service(s)‘: i. Any connections to the email account(s) since January 2015. ii. The date, time and time zone for each connection or login to the email service by the subscriber. iii. The date, time and time zone for each disconnection or iogoff for each conne'Ction/session. iv. The originating IP address for EACH & EVERY connectiori/session to each account since its creation. v. If available, provide the user agent details for each access, including browser and version, operating system and version, and anylother logged information for each connection/session. b. Provide the time zone used for the log information requested (d'o not send only the last IP address to access the accounts, send entire history for EVERY access session). 3. EMAIL ACCOUNT INFORMATION REQUESTS a. If the user has one or more Google email accounts, past or present, then produce the following for each and every account as if they were listed above (do not send just the last IP address to access the same): i. The first and last names given when establishing the email account. ii. All of the users alternate email addresses, including for passwords recovery purposes. i ' iii. All physical and postal addresses, including for password recovery purposes. 1 iv. A11 other contact information including, but not limited to, telephone numbers, fax numbers, etc. " 4. RELATED PASSWORD RECOVERY AND IDENTITY CHALLENQE INFORMATION: a. Provide all phone numbers used for password recovery, etc. for each amount. b. Provide all alternative email addresses used for password recovery, etc. for each account. I 5. EMAIL FORWARDING: a. Provide a list of all email addresses to which this user has previously, or is presently forwarding email messages. i b. Provide a list of all email addresses to which this user has previously, or is presently forwarding Google Voice Mail Messages. I 6. CHECKING OF OTHER EMAIL ACCOUNTS a. If the user setting ofthis account is such that the account retriev'es emails from any other email accounts, whether Google or otherwise, then list each email address that is currently or has previously been checked. 7. RELATED MOBILE PHONE INFORMATION: a. Provide any cellular phone numbers used at any time to verify the user email account(s) when first established, or at any other time, by way of SMS text message if applicable. 8. 2-FACTOR AUTHENTICATION AND PASSWORD RECOVERY INFORMATION: a. All phone numbers, email addresses or other contact methods alssociated with any 2-facto1' authentication or password recovery provisions. b. All phone numbers used at any time in response to any security. or abuse challenges issued by the Google service. , 9. OTHER IDENTIFYING INFORMATION: I a. The details of any other method or medium used in the process of verifying the user’s identity or details. b. Any additional information that may assist in positively identifying the blog or ISP email subscriber. 10. BLOG SUBSCRIBER/USER INFORMATION a. If the user referenced above has administrative rights for any G:oogle services, such as Forums, Groups, Blogs, personal profile pages, or any Pther website or WebPages, with regular entries of commentary, descriptions of events, or other material such as graphics or video (hereinafter referred to as “bllog’; and should be construed to be plural or singular) provide the following information with respect to such blogs. ' . i. The URL address for each blog. ii. The blog subscriber’ s account or [ogin name. iii. Any other user names associated with the user. , iv. The blog subscriber’s name and other information given at Ithe time of blog registration. t v. The blog subscriber’s address, phone numbers, date of birth, star sign, gender, race, profession, age, and/or any other informati The blog subscriber’s primary e-mail address. The blog subscriber’s alternate e-mail address(es). vi. vii. 11. SUBSCRIBER/USER CONNECTION LOGS FOR: a. All connections to the User’s account, including the connection on provided. | from which the user account was first created and subsequent connections/logons, and all emails, bIog posts, blogs or Google Forums, comments or any other act files are available. ivity for which 10g The date and time for each connection or login to the blog administration by the user. The date and time for each disconnection 'or logoff for each session. . The originating IP address for each connection. The cellular phone number used by ISP to initially verify the user’ s account by way of SMS text message and the date and time such SMS mes transmitted. sage was i. The ISP verification phone number associated with the SMS verification message transmitted to the user. ' ii. The date, time and time zone for each such instance. If available, provide the agent details for each user connection, and version, operating system and version, and any other logge 12. GOOGLE VOICE (if applicable): i Provided any Google Voice phone (land line or cellular) or SMS numbersa. currently or previously allocated to this user, and the dates such allocated or cancelled. Any third-party phone numbers used to verify the Google VoiCt dates such verification was effected. IP Address Access Log Information: incltlding browser information. nurnbers were a serivices, and the i. The connection 10g information for the subscriber’ s service(s): l. Any connections to the subscribers account manager'nent portal(s) including the connection from which the account was first established. 2. The date, time and time zone for each connection orlogin to the Google Voice service by the subscriber. 3. The date, time and time zone for each disconnec each connection/session. 4. The originating 1P address to access the account history for EVERY access session. d. Voicemail & Call Forwarding Information: i. Provide a list of all phone numbers that have been used check any voicemail messages for the subscriber servicg tion or logoff for s, send entire to call in and x .I- I ii. Provide a list of any and all phone numbers that have been used to dial in to the subscriber service and make any type of changes, 'recordings, or any other administrative functions whatsoever. iii. Provide list of any and all phone numbers that have at any time been used for any calls forwarded from your subscriber’ s service. l' c. Unique Device Identifier (UDID) . i. Provide a list of any and all UDID numbers that have been associated with the subscriber services. f. Call Records. i. Provide a detailed call log of all phone calls made to and from the subscriber service including date, time and duration. ii. Provide a detailed log of all text messages sent to and fr'om subscriber services including the date and time. iii. This is not a request for the contents of any communications, only for the telephone numbers involved in the communications. g. Support Call History: i. If the subscriber has made any calls or submitted any support requests through any online method, provide the dates and times'and any identifying information such as the caller ID information email addresses, IP addresses, etc. 13. BILLING INFORMATION. With respect to premium Google product's and the payment methods used to pay for the services, provide: l a. For all credit or debit cards used currently and/or previously: . i. Type of credit cards. I ii. Credit card numbers. l iii. Names as they appear on each credit card. i iv. Billing address for each credit card. b. For a1] PayPal accounts used currently and/or previously, provide: i. Pa'yPal user name/email address. ii. Any other associated information. I c. For all electronic checking accounts used by this account, provide: i. Name of check account holder. ii. Address of check account holder. iii. Name of bank. iv. Routing number. v. Account number. vi. Any other related identifying information. d. For all e-Gifi cards/certificates used by this account, provide information about the person or entity that provided the gifi. I e. For any alternative payment methods used, provide all information required for us to positively identify the person controlling the account. ‘ I f. If the subscription was paid through some type of voucher or prepaid system, through a retailer such as Walmart, Best Buy, etc. ,provide the details of such reseller inasmuch as it would be required for us t0 serve a similar subpoena upon the same. Please produce all documents listed above within twenty (20) days from date of service to the following Counsel and Parties: DANIEL A. POWELL, Esq. d owell minclaw.com MTNC LLC 200 Park Avenue, Suite 200 Orange Village, Ohio 44122 Phone: 2] 6-373-7706 Fax: 440-792-5327 DAVID P. HEIM, Esq. dheim@bochettoandlentz.com ‘ Bochetto & Lentz, P.C. 1524 Locust Street Philadelphia, PA 19102 Phone: 215-735-3900 Fax: 215-735-2455 Attorneys for Plaintiffs
