Re: 1/23/02 - [Marchese vs. Dobry] Infospace Files Objection to Dobry Subpoena
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
RICHARD MARCHESE,
Plaintiff
v.
GARY DOBRY,
Defendant.
NO. 00 C 5606 (Northern District of Illinois
OBJECTION TO SUBPOENA IN A CIVIL CASE
InfoSpace, Inc. hereby objects to the subpoena served on it in the above matter on the ground that it is premature and the defendant lacks standing to serve it. Pursuant to Doe v. 2TheMart.com, Inc., 140 F. Supp. 2d 1088 (W. D. Wash. 2001), a party may not issue a subpoena seeking to identify anonymous Internet users until such time as the party has satisfied a four-factor test and obtained a court order permitting such a subpoena. Because defendant has not satisfied the four-factor test and obtained a court order, defendant lacks standing to serve the subject subpoena, which is premature. InfoSpace, Inc. will comply with any court order issued on this subject and will not oppose any effort by defendant to obtain such a court order.
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January 23, 2002
VIA FACSIMILE AND U.S. MAIL
Tobin M. Richter, Esq.
53 West jackson Boulevard, Suite 560
Chicago, Illinois 60604
Re: Marchese v. Dobry
Dear Mr. Richter:
This firm represents Infospace, Inc. and has been asked to respond to your subpoena to silicon Investor in the above matter. Enclosed please find InfoSpace Inc.’s objection to your subpoena.
It is the law of this district that no subpoena seeking to identify anonymous Internet users can be served unless the subpoenaing party has obtained a court order authorizing such a subpoena. This was the recent holding in Doe v. 2TheMart.com, Inc., 140 F. Supp.2nd 1088 (W.D. Wash. 2001). In this case, you apparently have not obtained such a court order nor have you provided InfoSpace, Inc. with information that would satisfy 2TheMart.com’s four-part test for entitlement to such information. As a result, InfoSpace, Inc. is not in a position to assess your entitlement to the requested information and is unable to provide the requested information in the absence of a court order directing it to do so.
Please feel free to call me if you have any questions.
Very truly yours,
[signed] Brent Snyder
Enclosure
Cc: Laraine M. Ward |
