Early Discovery – Bow Tie Law

Early Discovery on Third-Party to Identify Doe Defendant

December 14, 2023 Josh Gilliland Early Discovery

Bringing a lawsuit against an individual known only by an Internet Protocol address raises a very big issue: WHO do you sue? U.S. Magistrate Judge Mitch Dembin resolved that issue in Strike 3 Holdings, LLC v Doe, 2023 U.S. Dist. LEXIS 33562 (Feb 23, 2023). The case involved a plaintiff[…]

Broken Hearted Early Discovery

November 4, 2011 Josh Gilliland e-Discovery, Early Discovery, Electronically Stored Information, ESI, Stored Communications Act

In a case involving alienation of affection, the Plaintiff sought early discovery on third party electronic communication service providers. Dockery v. Horvath, 2011 U.S. Dist. LEXIS 124997, 2-3 (S.D. Miss. Oct. 27, 2011). The case was in procedural limbo, because the Defendants were in New York state, had not filed[…]

Denying Expedited Discovery

October 6, 2011 Josh Gilliland Early Discovery

A Plaintiff in a BitTorrent filing sharing copyright case sought early discovery to identify 96 Doe Defendants. The Plaintiff moved to subpoena the Doe Defendants’ internet service providers (“ISPs”) to identify each person associated with the IP address. AF Holdings LLC v. Doe, 2011 U.S. Dist. LEXIS 109816, 2-3 (N.D.[…]

Streaming Early Discovery in Online Music Infringement

June 20, 2011 Josh Gilliland Civil Procedure, Discovery, e-Discovery, Early Discovery, Privacy, Stored Communications Act

The Plaintiffs filed a suit alleging copyright infringement against the online proprietors of Korean pop music website where the Defendants “post, organize, search for, identify, collect and index links to infringing material that is available on third-party websites,” which the Plaintiff claimed was a “a one-stop shop for infringing material.”[…]