Chevron Corporation v. Donziger et alMOTION to Quash and MotionN.D.N.Y.October 22, 2012UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CHEVRON CORP., Plaintiffs, -against- Case No. 1:12-mc-65 GLS/CFH Hon. Gary L. Sharpe STEVEN DONZIGER, et al., Defendants. NOTICE OF MOTION OF NON-PARTY JOHN DOE MOVANTS TO QUASH SUBPOENAS TO MICROSOFT, INC. SEEKING IDENTITY AND EMAIL USAGE INFORMATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH Case 1:12-mc-00065-GLS-CFH Document 2 Filed 10/22/12 Page 1 of 3 1 NOTICE OF MOTION TO PLAINTIFF CHEVRON CORP. AND ALL COUNSEL OF RECORD: NOTICE IS HEREBY GIVEN that the Non-Party John Doe Movants hereby move the District Court for the Northern District of New York to quash the subpoena served by Plaintiff Chevron Corporation on or around September 18, 2012 to non-party company Microsoft in the District Court for the Northern District of New York. The subpoena seeks identity and email usage information associated with 30 Hotmail addresses. The subpoena was issued in support of a civil action filed in the District Court for the Southern District of New York on February 1, 2011 captioned Chevron Corp. v. Donziger, et al., Case No. 11-cv-0691 (LAK). A date and time at which this motion will be heard are to be determined. As discussed in the memorandum below, Chevron’s subpoena should be quashed because it violates the constitutional rights of anonymity and freedom of association of non-party online users. This motion, made pursuant to Federal Rule of Civil Procedure 45(c) and the New York Civil Practice Law and Rules §§ 2304 and 3103, is based on this notice, the attached memorandum of points and authorities, all accompanying declarations and exhibits, and on such oral argument as may be received by this Court. The Non-Party John Doe Movants respectfully request that this Court grant this motion and quash the subpoena issued by Chevron in its entirety. Case 1:12-mc-00065-GLS-CFH Document 2 Filed 10/22/12 Page 2 of 3 2 DATED: October 22, 2012 Respectfully submitted, /s/ Peter Henner Peter Henner, Esq. Bar Roll No. 101956 P.O. Box 326 Clarksville, NY 12041-0326 Tel. (518) 768-8232 Fax (518) 768-8235 Email: peter@peterhenner.com Cindy A. Cohn, Esq. Marcia Hofmann, Esq. (pro hac vice admission pending) Nathan Cardozo, Esq. ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 Marco Simons (SBN 237314) marco@earthrights.org EARTHRIGHTS INTERNATIONAL 1612 K Street NW, Suite 401 Washington, DC 20006 Telephone: (202) 466-5188 Counsel For Non-Party John Doe Movants Case 1:12-mc-00065-GLS-CFH Document 2 Filed 10/22/12 Page 3 of 3
