Holding Doe defendants in copyright action do not fall within the "limited class of cases in which anonymous filing is necessary to protect the privacy interests of the putative defendants"
No. C 12-03856 PJH (DMR) (N.D. Cal. Dec. 10, 2012) Cited 25 times
Quashing certain subpoenas, narrowing others, and reminding the parties that "Plaintiffs need not formally re-serve the subpoenas that will go forward at this time"
Rejecting issuance of Rule 17(c) subpoena where government's justification was merely that the materials sought would be evidence it "could potentially even use in [its] case-in-chief" such a "vague justification . . . makes clear the subpoenas were a general 'fishing expedition' that attempts to use the rule as a discovery device."
Holding that "the wealth of anecdotal evidence, when coupled with the testimony of [plaintiffs' experts], is certainly enough to raise a jury question as to the causal link between [the defendant's] allegedly subjective practices and the race disparity at the managerial level"
Concluding there was "no basis" to strike supplemental disclosures made forty-seven and thirty days before the close of discovery where there was no evidence of "gamesmanship"
Rejecting the argument that “the only party that has standing to quash a Rule 45 subpoena ... is the party subpoenaed” where “the subpoena directly implicates [another's] privilege or rights”
Stating that the defendant "knows the identity of the class members as well as plaintiffs" and "cannot foist the burden of identification of who-worked where, when, off on plaintiffs . . . when [defendant] should have access to the information without making a single query"
Fed. R. Civ. P. 45 Cited 17,699 times 113 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"