Hitting the Unlike Button on Expedited Discovery

http://ow.ly/6a3J2

This is a post from Joshua Gilliland, Esq. from his blog Bow Tie Law.

This article discusses a case in which there were named and unnamed defendants that were sued by Facebook for trademark infringement.

The court failed to grant a request for expedited discovery, primarily based on the fact that the named defendant's would have a duty to preserve evidence, and thus there was no need to allow Facebook a quick attempt to determine the identities of the unnamed defendants.

The article discusses Facebook, Inc. v. Various, Inc.,2011 U.S. Dist. LEXIS 64539, 6-9 (N.D. Cal. June 16, 2011), and states, "The 9th Circuit allows expedited discovery to identify unknown defendants when 1) a plaintiff cannot identify any defendants and 2) there are “legitimate fears” that information leading to the identities of the defendants faces “imminent destruction.”  In this case the court felt that neither situation existed.