ApplicationCal. Super. - 6th Dist.March 2, 2021SUBP-030 ATFORNEY OR PARTY VMTHOUT ATFORNEY (Name, Stare Barnumber. and eddr9$): ERIC NOVESHEN mmmmm 436 NE 10TH AVE FORT LAUDERDALE. FL 33301 TELEPHONE No.: 304. I I 9.2 I z I FAX ”0' (OPWQ’J‘ 954.337.7669 EMAIL ADDRESS (Optional): eric@noveshenfiahtsback.00m AWORNEY FORr/vanw): ERIC NOVESHEN Court for county in which disooveryis to be conducted: SUPERIOR COURT 0F CAUFQRNIA, COUNTY 0F Santa Clara STREETADDRESS: 191 N. First Street MNUNGADDRESS: 191 N. First Street “WANDZ'P CODE: San Jose, CA 951 13 BRANCH WE: Downtown Superior Court Court in which action is pending: Name of Court; 17th Judicial Circuit Court - Broward County, Florida STREETADDRESS: 201 SE 6th Street MAILJNG ADDRESS: 201 SE 6th Street CITY-SWE-ANDZIP CODE: Fort Lauderdale, FL 33301 COUNTRY; USA PLAlNTIFF/PETITIONER: ERIC NOVESHEN CALIFORNIA CASE NUMBER (If any assigned by coun) DEFENDANTIRESPONDENT: MARGARET WELTER. (see attached list) I 2 1 C V 3 7 8 9 7 7 CASE NUMBER (of anion pending oula‘de Ca'lflornia): APPLICATION FOR DISCOVERY SUBPOENA IN ACTION PENDING OUTSIDE CALIFORNIA CACE 2015-021 424 (1 8) 1. Applicant (name): ERIC NOVESHEN Plaintiff E Petitioner E Defendant E Respondent E Otherfipecm. in the above action. is (check one): ~ . 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 orperson in control ofpmperty): Records Custodian for Google. Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043 . 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 that apply): a. E attend and give testimony at a deposition; b, produce and permit inspection and copying of designated materials, information, ortangible things in the possession, custody, or control of the deponent; c. E permit the inspection of premises underthe control ofthe deponent. . Applicant submits with this application a proposed subpoena that includes terms identical to those in the document from the out-of-state court. (Code of Civil Procedure section 2029.300(d).) Date; 2/1 9/2021 Eric Noveshen } l (TYPE OR PRINT NAME) WWATTORNEY OR PARTY WITHOUTATIORNEY) Note: This application must be accompanied by the fee specified in Govehn‘reudesecfion 70626. A discovery subpoena must be personally sewed on the deponent in compliance with California law, including Code of Civil Procedure section 1985. Page 1 of 1 Fon'n Adopted for Mandatory UseJummmwmmm APPLICATION FOR DISCOVERY SUBPOENA W°°‘°“’“P’°°°dm§c§u°§§,g°;t§%3 suamo meenuaw mow] IN Acnou PENDING OUTSIDE CALIFORNIA 2101378977 SHORT TITLE: ERIC NOVESHEN vs. CASE NUMBER: |- MARGARET WELTER, JOHN DOES 1-30, et. al. (see list below) CAGE 201 5-09-1424 (18) 1 FULL CAPTION OF CASEm APPLICATION FOR DISCOVERY SUBPOENA 2 IN ACTION PENDING OUTSIDE OF CALEORNIA: 4 IN THE CIRCUIT COURT 0F THE SEVENTEENTH JUDICIAL CIRCUIT, 5 IN AND FOR BROWARD COUNTY, FLORIDA. 7 ERIC NOVESHEN, 3 Plaintifi, : CASE NO. 201 5-021424 (1 8) 9 vs. : CIVIL DIVISION 1 0 MARGARET WELTEK 11 MARCIA NEWMAN, RANDY TRAN, 12 MARY WELTER, ALISA NOVESPIEN, 13 JASON DE CARUFEL EVANS, 14 SHEILAH PACETE, JIN S. NAM, 15 LINDA WATER, DAVID SACKS, 16 ELIZABETH VELEGAS, 17 JOHN DOES #1-30, et. 31., 13 Defendant(s). 19 20 21 22 23 24 25 25 (Required for verified pleading) The items on this page stated on information and belief are (specifiritem numbers, notline numbers): 27 This page may be used with any Judicial Council form or any other paperfiled with the coun. Page Form Approved by me ADDITIONAL PAGE Judicial Councflof Damnmla Attach to Judicial Council Form or Other Court Paper ORG 201v 501 MC-OZD [New January 1. 1957] Filing # 121609259 E-Filed 02/18/2021 09:46:43 AM [N THE CIRCUIT COURT 0F THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. ERIC NOVESHEN, : Plaintiff, : CASE N0. 2015-021424 (18) vs. : CIVIL DIVISION MARGARET WELTER, MARCIA NEWMAN, RANDY TRAN, MARY WELTER, ALISA NOVESHEN, SHEILAH PACETE, JIN S. NAM, LINDA WATER, DAVID SACKS, ELIZABETH “DOE” VILLEGAS, JOHN DOES #1-30, er. (IL, Defendant(s). SUBPOENA DUCES TECUMOF NONPARTY PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION Under Fla. R. Civ. P. 1.351 THE STATE OF FLORIDA: To: Custodian of Records for GOOGLE INC. 1600 Amphitheatre Parkway Mountain View, CA 94043 YOU ARE HEREBY COMMANDED, to produce documents to a person at the offices 0f Bend Law Group. PC" 555 California Street, Syjte #4925, San Francisco, CA 94101 on the 3r“ day ofMarch, 2021 at 9:00 a.m., for the production of documents only and no testimony shall be taken in the above-styled cause and to have with you the following:WW You are not required to personally appear to comply with this subpoena, however, ifyou do personally appear, these items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the party who issued this subpoena on or before therscheduled date of production. You may email (to discovew@noveshenfi2flback.com), mail, electronically (via facsimile: (954) 337-7669) 0r hand deliver the copies t0 the undersigned at any time prior t0 and thereby eliminate your appearance at that time and place specified above. Please do not file copies with the CourL You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the party who issued this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. Page 1 of 3 coun'rnnm: 92021-0145 - sunPoENA GOOGLE *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/181202] 09:46:40 AM."** Ifyou fail to: 1) appear as specified; or 2) furnish the records instead of appearing as required above; 0r 3) object t0 this subpoena, YOU MAY BE IN CONTEMPT OF COURT. You are subpoenaed to appear by the party who issued this subpoena and unless excused from this subpoena by the party who issued this subpoena or the court, you shall respond to this subpoena as directed FEB 18 2021 SIGNED AND SEALED this date: CLERK OF THE CIRCUIT COURT (SEAL) Eric Noveshen, pro se 436 NE 10m Ave F011 Lauderdale, FL 33301 Telephone: (954) 779-2727 Facsimile: (9S4) 337-7669 service@noveshenfiuhtsbaclmom If you are a person with a disability who needs any accommodation in order t0 participate in this proceeding, you are entitled, at no cost t0 you, t0 the provision of certain assistance. Please contact Diana Sobel, Room 20140, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Page 2 0f3 COURTWDEF uzamn-zs - sunmENA (30001.13 PRODUCTION 0F DOCUMENTS AND THINGS WITHOUT DEPOSITION Under Fla. R. Civ. P. 1.351 IN LIEU 0F YOUR APPEARANCE, THE DOCUMENTS REQUESTED IN SCHEDULE “A” MAY BE PROVIDED BY EMAIL, MAIL OR HAND DELIVERY PRIOR TO THE DATE AND TIME YOUR APPEARANCE [S REQUESTED ON THE ATTACHED SUBPOENA. SCHEDULE “A” l. Documents that are sufficient to identify the “record information” of the subscriber, the data and/or account owner related to the email “jasondecarufelevans@gmail.cgm" (the “User 1”), hosted and/or supported by Google, whether maintained by Google or a third party to which Google has access, including, but not limited to, any of the following information: i. The User 1’s name, street address, telephone number(s), recovery telephone number(s), email addresses, and recovery email addrwses associated with -“iasondecarufelevansaflgmailcom”, including but not limited t0: 1. The date and time (UTC) at which the email account was created; 2. The operating system utilized by User 1 fi'om which the email account was created; 3. The Intemet Protocol (1P) address from which the email account was created. ii. From January 1, 2014 to present, all data or metadata showing the User 1’s connections accessing the email address “iasondecarufelevans@gmail.com”, including but not limited to: 1. User 1’s connection logs; 2. Each operating system utilized from which the email account was accessed by User 1; 3. Each Internet Protocol ([P) address from which email account was accessed by User 1. $40k None of the documents‘ electronically stored information. or tangible things requested hcrcin is subicct t0 any provisions ofthc Stored Communications Act (“SCA”), 18 U.S.C. 6 270] e1 seq. lfvou obicct to any part of the attached subpoena, please state thc obicction lo that item in wn'ting and you arc required to respond to thc remaining items requested herein. Page 3 of3 comnpay #:0210145 - 31mmENA GOOGLE
