Re: 12/11/00 - [iXL] Public Citizen Files Motion to Quash Subpoena on Behalf of John Doe in ixl Cybersmear Suit
December 11, 2000
Public Citizen Files Motion to Quash Subpoena on Behalf of John Doe in ixl Cybersmear Suit
On December 11, Public Citizen Litigation Group -- together with Stanford, Fagan & Giolito of Atlanta, Georgia -- filed a motion to quash a subpoena issued to Yahoo! in a corporate cybersmear suit filed by ixl Enterprises, Inc. According to the memorandum in support of the motion, the complaint alleges that the John Doe defendants are employees of ixl Interestingly, the memorandum states:
[A]s soon as Doe learned of this lawsuit, he contacted plaintiff's counsel, told them that he was not an employee, and received assurances that if Doe could show that he was not an employee, ixl would drop the case against him. . . Undersigned counsel then contacted ixl to discuss the means for this showing, and received assurances that it would not be necessary to file a motion like this so long as the parties were able to cooperate to reach agreement on Doe's non-employee status. . . . Since then, however, plaintiff's counsel has pleaded the existence of other pressing business and refused to discuss the matter with defendant's counsel. . . . Because Yahoo! has warned Doe that it will disclose his identity unless Doe files a motion to quash the subpoena by today, Doe now files this motion.
Perhaps even more interestingly, the memorandum further states that "Through counsel, Doe has sent a letter to ixl giving it notice of his intent to invoke his rights under the Georgia anti-SLAPP and abusive litigation laws. A motion to dismiss on those grounds will not be filed until plaintiff has been afforded the notice period provided by statute."
See:
ixl Enterprises, Inc., a Delaware Corporation, Plaintiff, v. John Does 1-10, individuals, Defendants, Civil Action No. 2000CV30567, Memorandum in Support of Motion To Quash Subpoena To Yahoo! (Superior Court of Fulton County, State of Georgia, memorandum filed Dec. 11, 2000). citizen.org
cybersecuritieslaw.com |
