Fraserside IP LLC v. Gamma Entertainment

286 F.R.D. 416, 2012 WL 4504818, 2012 U.S. Dist. LEXIS 142087
CourtDistrict Court, N.D. Iowa
DecidedSeptember 28, 2012
DocketNo. C11-3056-MWB
StatusPublished

This text of 286 F.R.D. 416 (Fraserside IP LLC v. Gamma Entertainment) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fraserside IP LLC v. Gamma Entertainment, 286 F.R.D. 416, 2012 WL 4504818, 2012 U.S. Dist. LEXIS 142087 (N.D. Iowa 2012).

Opinion

ORDER

LEONARD T. STRAND, United States Magistrate Judge.

This case is before the court on three motions: (1) defendants’ motion to quash subpoena (Doc. No. 31); (2) plaintiffs motion to compel discovery (Doc. No. 37); and (3) defendants’ motion for protective order (Doc. No. 43). All of the motions relate to the scope of permissible discovery concerning the defendants’ websites and their contacts with the state of Iowa. As such, the court will address all three motions in this order.

BACKGROUND AND PROCEDURAL HISTORY

Plaintiff Fraserside IP L.L.C. (“Fraser-side”) filed this action on November 7, 2011, against Gamma Entertainment (“Gamma”) and Wild Blue Media (“Wild Blue”), doing business as PornerBros.com, and operating the website www.PornerBros.com (collectively “the Gamma defendants” unless otherwise indicated), John Does, and John Doe Companies. The complaint alleges the following causes of action: copyright infringement, in violation of 17 U.S.C. §§ 106 and 501 et seq.; contributory copyright infringement, in violation of 17 U.S.C. §§ 106 and 501 et seq.; vicarious copyright infringement, in violation of 17 U.S.C. §§ 106 and 501 et seq.; inducing copyright infringement, in violation of 17 U.S.C. §§ 106 and 501 et seq.; false designation of origin, in violation of 15 U.S.C. § 1125(a); and dilution of trademark, in violation of 15 U.S.C. § 1125(c). The Gamma defendants filed a motion to dismiss and motion to strike (Doc. No. 14) on January 30, 2012, contending that they are not subject to personal jurisdiction in Iowa and the complaint must be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(2). They further argued, in the alternative, that the complaint must be dismissed for improper venue under Federal Rule of Civil Procedure 12(b)(3) and/or the doctrine of forum non conveniens.

On April 5, 2012, the Honorable Mark W. Bennett issued an order (Doc. No. 24) on the motion to dismiss. Judge Bennett held (a) Fraserside failed to meet its burden of demonstrating that Iowa courts have general jurisdiction over the Gamma defendants; (b) Fraserside failed to make a prima facie case of personal jurisdiction over any of the Gamma defendants under Iowa’s long-arm statute; and (e) the federal long-arm statute contained in Federal Rule of Civil Procedure 4(k)(2) does not apply because the Gamma defendants concede they are subject to personal jurisdiction in another state (California). Rather than granting the motion to dismiss, however, Judge Bennett permitted Fraserside to engage in limited jurisdictional discovery “because Fraserside has proffered facts that, if proven, would affect [the court’s] exercise of jurisdiction over the Gamma defendants.” 1 In particular, Fraserside pointed out that the “AdultFriendFinder” feature on the PornerBros website offers live online chats with women who are purportedly located in Iowa.

On April 24, 2012, the Gamma defendants filed a motion (Doe. No. 25) seeking clarifica[418]*418tion of Judge Bennett’s order. Among other things, they asked the court to limit jurisdictional discovery to “the “AdultFriendFinder” issue. Judge Bennett issued on order (Doc. No. 29) on June 14, 2012, stating, inter alia: “Fraserside’s discovery will not be limited to the “AdultFriendFinder” issue, but may inquire into other areas that are reasonably likely to aid in resolution of the jurisdictional issue here.”

On July 3, 2012, Fraserside served its “First Set of Discovery” on the Gamma defendants. The discovery included ten interrogatories, four requests for production and seven requests for admissions. The Gamma defendants served responses and objections on August 6, 2012.

On July 27, 2012, Fraserside directed a subpoena to non-party Google Inc. (“Google”) seeking all information in Google’s possession relating to various Google Analytics2 accounts for websites allegedly owned by the Gamma defendants or their affiliates. The Gamma defendants filed their motion to quash this subpoena on August 7, 2012. Fraserside then filed its motion to compel on August 21, 2012, followed by the Gamma defendants’ motion for a protective order on August 27, 2012.

In their motions, the Gamma defendants contend that the information contained in Google Analytic reports' concerning their websites is of a confidential and proprietary nature. Because Fraserside is a competitor, the Gamma defendants are concerned about providing Fraserside with such information. The Gamma defendants also contend that any jurisdictional discovery should be limited to (a) the one website owned by the Gamma defendants that is at issue in the lawsuit (PornerBros.com) or, at most, (b) websites owned by the Gamma defendants directly, as opposed to websites owned by subsidiaries and affiliates of the Gamma defendants.

In its motion to compel, Fraserside complains that the Gammas defendants failed to provide meaningful responses to Fraserside’s written jurisdictional discovery. For example, Fraserside complains that the Gamma defendants have declined to provide a list of all websites they own and have been overly selective in providing redacted, photocopied Google Analytics reports. Fraserside also contends that the Gamma defendants should provide information concerning any website owned by the Gamma defendants and their subsidiaries, not just those owned directly by the Gamma defendants.

The court conducted a telephonic hearing on the three motions on September 7, 2012. During the hearing, counsel for Fraserside acknowledged that the information available through Google Analytics reports is so broad that his chent, as a competitor of the Gamma defendants, should not have unfettered access to those reports. For jurisdictional purposes, Fraserside is willing to limit the scope of production from Google Analytics reports to data demonstrating the number of visits to particular websites from Iowa-based IP addresses. After some discussion, counsel for Fraserside and for the Gamma defendants indicated a belief that they may be able to reach agreement concerning the disputed issues. As such, the court adjourned the hearing and requested a status report by September 14, 2012. On that date, counsel for the Gamma defendants submitted a report (Doe. No. 50) stating that the parties have not been able to reach agreement.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

World-Wide Volkswagen Corp. v. Woodson
444 U.S. 286 (Supreme Court, 1980)
Mary E. Bonner Johnson v. Richard W. Woodcock
444 F.3d 953 (Eighth Circuit, 2006)
Coen v. Coen
509 F.3d 900 (Eighth Circuit, 2007)
In Re the Marriage of Ballstaedt
606 N.W.2d 345 (Supreme Court of Iowa, 2000)
Johnson v. AMERICAN LEATHER SPECIALITIES CORP.
565 F. Supp. 2d 1015 (N.D. Iowa, 2008)
Gates Learjet Corp. v. Jensen
743 F.2d 1325 (Ninth Circuit, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
286 F.R.D. 416, 2012 WL 4504818, 2012 U.S. Dist. LEXIS 142087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraserside-ip-llc-v-gamma-entertainment-iand-2012.