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Mobilisa, Inc. v. Does
CV 2005-12619


Superior Court of Arizona, Maricopa County

The following represent pleadings, motion papers and authority related to our representation of The Suggestion Box, Inc. in Mobilisa, Inc. v. Does, CV 2005-12619, in the Superior Court of Arizona, Maricopa County. The Suggestion Box opposed Mobilisa's motion for discovery. The Court heard oral arguments on December 2, 2005.


Related to litigation filed in the State of Washington, Mobilisa, Inc. filed an action and Motion for Leave to Conduct Discovery in the Superior Court of Arizona - Maricopa County seeking personally identifying information from The Suggestion Box, Inc. ( about one of its customers.

Mobilisa's Arizona Motion


The Suggestion Box, Inc. ( opposed Mobilisa, Inc.'s motion, and Mobilisa, Inc. thereafter filed a reply thereto.

The Suggestion Box' Opposition Memorandum

Mobilisa's Reply Memorandum


During the briefing on Mobilisa, Inc.'s Arizona motion, the Supreme Court of Delaware ruled on the issue of obtaining personal identifying information from anonymous online speakers in John Doe No. 1 v. Patrick Cahill and Julia Cahill, C.A. No. 04C-011-022. This represented the first time the highest court of a state had ruled upon the issues. Consequently, on behalf of The Suggestion Box, we filed a copy of the Delaware ruling with the Court.

The Suggestion Box' Supplemental Authority


On December 2, 2005, the Superior Court of Arizona - Maricopa County heard oral arguments on Mobilisa, Inc.'s motion. Charles Lee Mudd Jr. argued on behalf of The Suggestion Box, Inc.

Oral Argument Transcript - December 2, 2005


Later that month, the Court issued an Under Advisement Ruling adopting the summary judgment standard supported by The Suggestion Box, Inc. Rather than deny Mobilisa, Inc.'s ruling in its entirety, however, the Court invited supplemental memoranda on the issue of whether Mobilisa, Inc. could withstand a motion for summary judgment. The Court also ordered The Suggestion Box, Inc. to make effort to advise John Doe of the discovery proceedings. The Court also provided John Doe the opportunity to communicate anonymously with the Court - however John Doe preferred - within twenty (20) days of being notified.

Under Advisement Ruling - December 28, 2005 -- Docketed January 4, 2006


Supplemental Memoranda

The Suggestion Box' Supplemental Memorandum

Mobilisa, Inc.'s Supplemental Memorandum


In compliance with the Court's order, The Suggestion Box, Inc. made efforts to advise John Doe. Thinking John Doe had chosen not to respond to notification, Mobilisa, Inc. filed an additional supplemental memorandum.

Mobilisa, Inc.'s Supplemental Memorandum on Doe


In fact, John Doe had at that time just communicated with Charles Lee Mudd Jr. and joined in the arguments and briefs filed by The Suggestion Box, Inc.

Supplemental Declaration of Charles Lee Mudd Jr.

Supplemental Affidavit of Charles Lee Mudd Jr.

Appearance on behalf of John Doe I


On March 1, 2006, the Court issued its ruling granting Mobilisa's Motion for Leave to Conduct Discovery.

March 1, 2006 Order


On April 16, 2006, The Suggestion Box, Inc. and John Doe filed a Petition for Special Action with the Arizona Appellate Court and the parties completed briefing related thereto.

Petition for Special Action

Mobilisa Opposition to Petition for Special Action

Reply Brief in Support of Petition for Special Action


On May 10, 2006, the Arizona Appellate Court declined jurisdiction to hear the Petition for Special Action.

Subsequently, The Suggestion Box, Inc. and John Doe filed an appeal with the Arizona Appellate Court. The Electronic Frontier Foundation and Public Citizen filed an amici brief. All parties have concluded briefing on this appeal and await determination of whether oral argument will ensue.

TSB and John Doe Opening Appellate Brief

EFF and Public Citizen Amici Brief

Mobilisa Opposition Brief

TSB and John Doe Reply Brief


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