Mudd Law Offices filed a Complaint on behalf of SI03, Inc. alleging that anonymous and pseudononymous individuals posted defamatory statements on message board forums found on, at a minimum, the website www.bodybuilding.com.
As a routine matter, the Court dismissed the "Doe" complaint without prejudice and allowed SI03 to pursue expedited discovery.
Order Dismissing Case and Allowing Discovery
Pursuant to the Court's order allowing discovery, SI03 served a subpoena upon Bodybuilding.com, LLC, the owner of www.bodybuilding.com. In response, Bodybuilding.com, LLC objected and complained that the litigation had been dismissed. To remove any substance to this otherwise baseless objection, SI03 moved for clarification from the Court on its order dismissing the case without prejudice.
Motion for Clarification
The Court granted SI03's motion for clarification and explained that the dismissal did not bar discovery.
Order Granting Motion for Clarification
Transcript of Hearing on Motion for Clarification
Despite the Court's Order granting SI03's motion for clarification, Bodybuilding.com, LLC maintained its objections to the subpoena.
Subpoena served upon Bodybuilding.com, LLC
After Bodybuilding.com, LLC responded to the subpoena with formal objections, SI03 was compelled to file a miscellaneous action in Idaho seeking to compel the production of documents responsive to the subpoena from Bodybuilding.com, LLC.
Application to File Overlength Memorandum (Document # 001)
Order Granting Overlength Memorandum (Document # 004)
Motion to Compel (Document # 006)
Memorandum in Support of Motion to Compel (Document # 006-2)
Exhibit A in Support of Motion to Compel (Document # 006-3)
Exhibit B in Support of Motion to Compel (Document # 006-4)
Exhibit C in Support of Motion to Compel (Document # 006-5)
Exhibit D in Support of Motion to Compel (Document # 006-6)
Exhibit E in Support of Motion to Compel
Part I (Document # 006-7)
Part II (Document # 006-8)
Part III (Document # 006-9)
Part IV (Document # 006-10)
Response to Motion to Compel (Document # 011)
Declaration of L. Gary Davis (Document # 011-2)
Declaration of Christopher D. Olszyk, Jr. (Document # 011-3)
Opinion and Order Denying Without Prejudice SI03, Inc.'s Motion to Compel