Opinion
No. C09-5233 CW (BZ).
February 3, 2010
ORDER GRANTING LEAVE TO CONDUCT THIRD PARTY DISCOVERY
The Court, having considered Plaintiff Zynga Game Network Inc.'s ("Zynga's") Renewed Motion for Leave to Conduct Third Party Discovery ("Motion"), the supporting declaration of Sean Hanley, and the pleadings on file in this matter, hereby GRANTS Zynga's Motion.
Zynga is hereby authorized to issue a subpoena to U2K Group Ltd./West Host for the production of all billing and account records (including all Internet domain names), server logs, website content, contact information, transaction histories and correspondence for the persons or entities that have purchased services from U2K Group Ltd./West Host in connection with the Internet domain name FOKERCHIPS.COM. Zynga is further authorized to issue follow-up subpoenas to U2K Group Ltd./West Host for the above-identified documents relating to the Defendants, based on additional information that is identified to Zynga in production from third party discovery.
Zynga is hereby authorized to issue a subpoena to PayPal, Inc. for the production of all billing and account records, server logs, contact information, transaction histories and correspondence for the persons or entities that have established accounts with PayPal, inc., using either or all of the email addresses waas.inc.@gmail.com, horta.flora@gmail.com,selikoer@gmail.com and fokerchips@gmail.com. Zynga is further authorized to issue follow-up subpoenas to PayPal, Inc. for the above-identified documents relating to the persons or entities that have established accounts with PayPal, Inc. using any additional email address that is identified to Zynga in production from third party discovery.
Zynga is further authorized to issue follow-up subpoenas to identify Defendants, if necessary, to online service providers, payment processors, and other third parties, based on information provided by the subpoenaed parties. These subpoenas shall be for the same categories of documents as identified above.
Zynga will satisfy its obligations pursuant to Federal Rule of Civil Procedure 45(b)(1) by emailing subpoenas issued pursuant to this Order to the email addresses waas.inc.@gmail.com, horta.flora@gmail.com, selikoer@gmail.com and fokerchips@gmail.com prior to serving the subpoenas.
Zynga's authority to serve subpoenas under this Order shall expire once it determines the true identity of the owners and operators of FOKERCHIPS.COM. Thereafter, discovery should be taken after defendants are served with summons and complaint.