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Bolf Federal Bank v. Seeking Alpha, Inc.

MEMORANDUM OF LAW in Support re: 11 CROSS MOTION to Quash Subpoenas . and in Opposition to Petitioner's Motion to Enforce Subpoenas. Document

18 Cited authorities

  1. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 2,754 times   1 Legal Analyses
    Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"

  2. Reno v. American Civil Liberties Union

    521 U.S. 844 (1997)   Cited 986 times   13 Legal Analyses
    Holding parts of § 223 unconstitutional under the First Amendment

  3. N. A. A. C. P. v. Alabama

    357 U.S. 449 (1958)   Cited 1,953 times   8 Legal Analyses
    Holding that "[c]ompelled disclosure of membership in an organization engaged in advocacy of particular beliefs" may violate the First Amendment

  4. Buckley v. American Constitutional Law Foundation, Inc.

    525 U.S. 182 (1999)   Cited 463 times   3 Legal Analyses
    Holding unconstitutional a requirement that initiative petition circulators be registered voters

  5. Sony Music Entertainment Inc. v. Does 1-40

    326 F. Supp. 2d 556 (S.D.N.Y. 2004)   Cited 1,107 times   2 Legal Analyses
    Holding that disclosure of alleged copyright infringers by third-party ISPs did not violate the First Amendment

  6. Bates v. Little Rock

    361 U.S. 516 (1960)   Cited 535 times   1 Legal Analyses
    Holding that ordinances mandating disclosure of organizations' membership lists violated the First Amendment as applied where "substantial uncontroverted evidence" indicated that people identified as members of the organizations were harassed and threatened, and fear of community hostility resulting from disclosure caused reductions in membership

  7. United States v. Berrios

    501 F.2d 1207 (2d Cir. 1974)   Cited 395 times
    Holding high union office within five years of a felony conviction

  8. Sandals Resorts v. Google, Inc.

    86 A.D.3d 32 (N.Y. App. Div. 2011)   Cited 133 times   4 Legal Analyses
    Holding that an email “replete with rhetorical questions” was, as a whole, only “an exercise in rhetoric,” “call[ing] to the reader's attention the writer's” political beliefs

  9. Nidec Corporation v. Victor Co. of Japan

    249 F.R.D. 575 (N.D. Cal. 2007)   Cited 132 times   3 Legal Analyses
    Granting motion to quash subpoena served on third party, explaining that "[t]here is simply no reason to burden nonparties when the documents sought are in possession of the party defendant"

  10. Dendrite International v. Doe No. 3

    342 N.J. Super. 134 (App. Div. 2001)   Cited 86 times   7 Legal Analyses
    Finding that this test was a "flexible, non-technical, fact sensitive mechanism for courts to use as a means of ensuring that plaintiffs do not use discovery procedures to ascertain identities of unknown defendants in order to harass, intimidate or silence critics in the public forum opportunities presented by the Internet."

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,578 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,481 times   104 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"