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Decl of Frank Sommers ISO Mtn to Quash Subpoena in "Unstevedorkland" case

Decl of Frank Sommers ISO Mtn to Quash Subpoena in "Unstevedorkland" case

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Published by Rory Cellan-Jones

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Published by: Rory Cellan-Jones on Aug 01, 2012
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  Northcliffe v. Doe - Case # CV 12 3536 MEJDECLARATION OF FRANK SOMMERS ISO MOTION TO QUASH SUBPOENA - 1 -
12345678910111213141516171819202122232425262728 Andrew Schwartz (State Bar No. 100210)Frank Sommers (State Bar No. 109012)SOMMERS & SCHWARTZ LLP550 California StreetThe Sacramento Tower, Suite 700San Francisco, CA 94104Telephone: (415) 955-0925Facsimile: (415) 955-0927ffs@SommersSchwartz.com Attorneys for DefendantJOHN DOE
IN THE UNITED STATES DISTRICT COURTFOR THE NOTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISION
 ORTHCLIFFE MEDIA LIMITED,a Private Limited Company of England and Wales,Plaintiff,vs.JOHN DOE, an unknown individualor entity,Defendant.))))))))))))))))
Case No.: CV 12 3536 MEJDECLARATION OF FRANK SOMMERSIN SUPPORT OF MOTION TO QUASHSUBPOENASPECIAL APPEARANCEDATE:
September 6, 2012
TIME:
10:00 a.m.
DEPT.:
B
JUDGE
:
Magistrate-Judge Maria-Elena James
Action Filed: July 6, 2012Trial Date: NoneI, Frank F Sommers, say:1.
 
I am an attorney at law licensed to practice before this Court and before all thecourts of the State of California, represent Defendant in this action, and have personal knowledgeof the facts set forth below.2.
 
Last week I was contacted by an individual to represent Defendant in the above-entitled action. I first learned of this case after seeing an article on the BBC web site. That article
 
  Northcliffe v. Doe - Case # CV 12 3536 MEJDECLARATION OF FRANK SOMMERS ISO MOTION TO QUASH SUBPOENA - 2 -
12345678910111213141516171819202122232425262728referenced a U.K. Blogger “Guido Fawkes” was covering the affair, and quoted Defendant Doe assaying that, absent the assistance of 
 pro bono
counsel in California, he would have to allowTwitter to divulge his identity. I emailed the blog, and offered my services if they could put me intouch with the anonymous author. Thereafter, Defendant Doe contacted me. After performinginquiries that caused me to believe that such individual was in fact the owner of the Twitter accounts that are the subject of the subpoena which the instant motion seeks to quash, I undertook,on behalf of Sommers & Schwartz LLP, to represent Defendant.3.
 
I secured a copy of the complaint and reviewed it. Because the complaint did notspecify the identity of the “CEO” referenced by Plaintiff Northcliffe, I searched the Internet for thecompany, and determined that the company’s web-site lists “Steve Auckland” as the current CEOI also searched for references to the instant suit. Exhibits A, B and C are printouts from websitesdiscussing the case posted after July 6, the filing date of the suit. Each exhibit discusses the case interms of a “spoof ” or “lampoon.” I have been unable to find any website that lists this controversyin terms of someone being deceived that any of the Twitter usernames listed in the subpoena areanything other than a satire on Mr. Auckland.a) Exhibit A, titled “Northcliffe Accuses Spoof Twitter user of email hacking,”dateline July 30, 2012, comes from the website for the UK newspaper The Guardian, whose URLishttp://www.guardian.co.uk . The locator URL for the Exhibit ishttp://www.guardian.co.uk/media/2012/jul/30/northcliffe-accuses-spoof-twitter-user-hacking. b) Exhibit B, titled “Is this the end of satire? Grey Cardigan’s take on Northcliffe spoof Twitter account Dispute” dateline July 30, 2012, comes from the website for thePress Gazette, whose URL is www.www.pressgazette.co.uk The locator URL for Exhibit B iswww.pressgazette.co.uk/greycardigan/2012/07/is-this-the-end-of-satire-grey-cardigan’s-take-on-northcliffe-spoof-twitter-acount.c) Exhibit C, titled “Northcliffe seeks ‘punitive damages’ from spoof tweeter,”dateline July 30, 2012 comes from the website for the Press Gazette, whose URL iswww.www.pressgazette.co.uk The locator URL for Exhibit C is www.pressgazette.co.uk/

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