Façonnable USA Corp. v. Does 1–10, Civil Action No. 11–cv–00941–CMA–BNB.

Decision Date27 July 2011
Docket NumberCivil Action No. 11–cv–00941–CMA–BNB.
PartiesFAÇONNABLE USA CORPORATION, a Delaware corporation, Plaintiff, v. JOHN DOES 1–10, all whose true names are unknown, Defendants.
CourtU.S. District Court — District of Colorado


Peter John Korneffel, Jr., Brownstein Hyatt Farber Schreck, LLP, Denver, CO, for Plaintiff.

Paul Alan Levy, Public Citizen Litigation Group, Washington, DC, John David Seiver, Leslie G. Moylan, Davis Wright Tremaine, LLP, Washington, DC, for Skybeam.

Bradford Allen Patrick, Law Offices of Bradford A. Patrick, P.A., Tampa, FL, for Defendants.



This matter is before the Court on Interested Party Skybeam, Inc.'s (“Skybeam”) Unopposed Motion to Vacate (Doc. # 32). In this Motion, Skybeam requests that the Court vacate the Magistrate Judge's May 24, 2011 Order, 2011 WL 2015515 (Doc. # 15), compelling Skybeam to identify the John Does. For the following reasons, Skybeam's motion is granted and the May 24, 2011 Order is vacated.

This case commenced when Plaintiff filed a complaint on April 7, 2011 against up to ten anonymous defendants, sued as John Does 1 to 10, who had placed allegedly defamatory statements about Plaintiff and its parent company on Wikipedia. (Doc. # 1.) Plaintiff obtained leave to take early discovery from Skybeam, an Internet Service Provider (“ISP”), in order to determine the true identities of the John Doe defendants. Skybeam was added as an interested party, and filed a motion to quash the subpoena. In his May 24, 2011 Order, the Magistrate Judge denied Skybeam's motion and ordered Skybeam to comply with the subpoena. (Doc. # 15.) Skybeam promptly filed objections, arguing that the Magistrate Judge's Order violated the First Amendment rights of the anonymous poster(s) and that this Court lacked subject-matter jurisdiction over the case. Skybeam also moved the Court to stay the Magistrate Judge's Order pending the Court's consideration of its objections. Finding “that the balance of hardships tip[ped] decidedly in [Skybeam's] favor” and that the objections were deserving of “deliberate investigation,” the Court granted Skybeam's motion to stay. (Doc. # 21.)

Although the Court subsequently granted Plaintiff two extensions of time to file a response to Skybeam's objections (Doc. 25, 28), Plaintiff instead filed a notice of voluntary dismissal pursuant to Fed.R.Civ.P. 41(a). (Doc. # 30.) As Skybeam recognizes, the voluntary dismissal moots its objections to the Magistrate Judge's Order. However, Skybeam asserts that the Magistrate Judge's Order would put Skybeam at a competitive disadvantage to other ISPs who operate in jurisdictions with more stringent standards for disclosing the identities of anonymous internet speakers, as well as endangering the rights of other Skybeam users. Thus, Skybeam requests that the Court exercise its equitable powers to vacate the Magistrate Judge's Order so as not to subject Skybeam to unfavorable precedent in spite of its diligent efforts to obtain a reversal of that Order.

As stated by the Supreme Court, “the equitable remedy of vacatur ensures that ‘those who have been prevented from obtaining the review to which they are entitled [are] not ... treated as if there had been a review.’ Camreta v. Greene, ––– U.S. ––––, 131 S.Ct. 2020, 2035, 179 L.Ed.2d 1118 (2011) (quoting United States v. Munsingwear, Inc., ...

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    ... ... Civil Action No. 1:19-cv-02309-CMA-SKCUnited States ... Moreover, Defendant does not oppose the ... instant Motion. Finally, ... it seeks.”); Faconnable USA Corp. v. John Does ... 1-10, 799 F.Supp.2d 1202, ... ...
1 books & journal articles
  • Revisiting the “anonymous Speaker Privilege”
    • United States
    • University of North Carolina School of Law North Carolina Journal of Law and Technology No. 14-2012, January 2012
    • Invalid date
    ...of the rules of pleading.5 Because online1 FED. R. CIV. P. 26(b)(1).See infra Part II.See, e.g., Façonnable USA Corp. v. Does 1–10, 799 F. Supp. 2d 1202 (D. Colo. 2011) (finding no basis in the Constitution, Supreme Court decisions, or the Rules of Civil Procedure for any new discovery priv......

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