Rainsy v. Facebook, Inc.

311 F. Supp. 3d 1101
CourtDistrict Court, N.D. California
DecidedMay 4, 2018
DocketCase No. 18–mc–80024–SK
StatusPublished
Cited by1 cases

This text of 311 F. Supp. 3d 1101 (Rainsy v. Facebook, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rainsy v. Facebook, Inc., 311 F. Supp. 3d 1101 (N.D. Cal. 2018).

Opinion

SALLIE KIM, United States Magistrate Judge

Sam Rainsy ("Applicant") has filed an Ex Parte Application for leave to obtain third party discovery from Facebook for use in proceedings in Cambodia, pursuant to 28 U.S.C. § 1782. Facebook, Inc. ("Facebook") opposes the motion. Applicant seeks both documents from and a deposition of Facebook pursuant to Fed.R.Civ.P. 30(b)(6) on several topics. Having reviewed the parties' papers, relevant legal authority and having heard oral argument, the Court DENIES the motion for the reasons set forth below.

*1108BACKGROUND

Applicant is the founder of the Cambodian National Rescue Party ("CNRP") and is living in exile in France. (Dkt. 2, ¶¶ 3, 13.) Applicant is a vocal opponent of the current Cambodian government, under the leadership of Prime Minister Hun Sen, an ex-commander of the Khmer Rouge. (Id. , ¶ 1.) Applicant has already been the subject of one assassination attempt, and Hun Sen has threatened his life. (Dkt. 2, ¶ 2; Dkt. 13, ¶ 26).1

Applicant seeks information from Facebook to respond to criminal and civil proceedings that Hun Sen and his proxies have initiated against him in Cambodia. These include the following:

(1) First Defamation Case-Son Soeun, the manager of Hun Sen's Facebook account and a government minister, filed a defamation claim against Applicant on March 10, 2016. That claim alleges that Applicant made a false statement on Facebook that millions of Hun Sen's Facebook "likes"2 were generated by "click farms." (Id. , ¶6 and Ex. 2.) Applicant was found guilty on November 6, 2016, and the judgment was upheld in January 2017. (Dkt. 2, ¶6.) The matter is already on appeal with Cambodia's Supreme Court. (Dkt. 2, ¶ 6; Dkt. 13, ¶ 6.)

(2) Second Defamation Case-In August 2016, Hun Sen commenced criminal defamation and "incitement" charges against Applicant for posting on Applicant's Facebook page that the murder of respected human rights activist and journalist Dr. Kem Ley was a government-ordered assassination. After failing to appear in that proceeding, Applicant was barred from entering Cambodia, convicted of defamation and incitement, and sentenced to twenty months in jail. (Dkt. 2, ¶ 7; Dkt. 13, ¶ 7 and Ex. A.) Applicant provided a copy of the complaint against him, the summons for him to appear, and a translation of the verdict. (Dkt. 13, ¶ 7 and Ex. A, B, C.) A copy of the appellate court's decision rejecting appeal without argument (which has since been appealed), is attached to Applicant's second declaration. (Id. , ¶ 16 and Ex. F, G.)

(3) Third Defamation Case-On January 17, 2017, the Cambodian government initiated criminal defamation charges at the behest of Thy Sovantha, a Cambodian celebrity with ties to Hun Sen, after Applicant posted information on his Facebook page showing that Hun Sen's associates and family bribed Thy Sovantha to voice support for the government. On December 29, 2017, Applicant was found guilty and fined the equivalent of $1 million USD. (Dkt. 2, ¶¶ 9, 11, 12.) Applicant plans to appeal the decision. (Dkt. 13, ¶ 18.)

*1109(4) Criminal Incitement Charge-On December 7, 2017, the current Cambodian government charged Applicant with criminal incitement based on statements Applicant posted to his Facebook page urging Cambodia's military to cease use of deadly force against peaceful protestors. (Dkt. 2, ¶ 11; Dkt. 13, ¶8.) The Cambodian government filed those incitement charges approximately four months ago. (Dkt. 13, ¶¶ 14, 17.)

ANALYSIS

A. Application Pursuant to 18 U.S.C. § 1782

Applicant seeks discovery pursuant to 18 U.S.C. § 1782. "A district court may grant an application pursuant to 28 U.S.C. § 1782 where (1) the person from whom the discovery is sought resides or is found in the district of the district court to which the application is made, (2) the discovery is for use in a proceeding before a foreign tribunal, and (3) the application is made by a foreign or internal tribunal or any interested person." In re Republic of Ecuador, 2010 WL 3702427, at *2 (N.D. Cal., Sept. 15, 2010). See also 28 U.S.C. § 1782 (a). There is no dispute that the Application meets the first requirement, as Facebook, with its headquarter in Menlo Park, California, is found in this District. (Dkt. 3-8, Ex. 25.) In analyzing the factors, the Court will review the factors out of order, first reviewing the third factor and then the second factor of § 1782.

1. Third Factor: Use of Information in Foreign Proceeding by an Interested Person

Facebook argues that the Application does not satisfy the third factor to show that Applicant is an "interested person" who can invoke § 1782. A litigant in a foreign proceeding is an "interested person" who can seek discovery pursuant to § 1782. Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 256, 124 S.Ct. 2466, 159 L.Ed.2d 355 (2004) ("No doubt litigants are included among, and may be the most common example of, the interested person[s] who may invoke § 1782") (internal quotations and citations omitted). An applicant need only establish that a "dispositive ruling" is "within reasonable contemplation" or that "the evidence is eventually to be used" in a proceeding. Id. at 259, 124 S.Ct. 2466 (citations omitted).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
311 F. Supp. 3d 1101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainsy-v-facebook-inc-cand-2018.