Y.S. v. JOHN DOE et al.

CourtDistrict Court, D. Colorado
DecidedNovember 19, 2025
Docket1:25-cv-03129
StatusUnknown

This text of Y.S. v. JOHN DOE et al. (Y.S. v. JOHN DOE et al.) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Y.S. v. JOHN DOE et al., (D. Colo. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 25-cv-03129-DDD-KAS

Y.S.,

Plaintiff,

v.

JOHN DOE et al.,

Defendant. _____________________________________________________________________

ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KATHRYN A. STARNELLA

This matter is before the Court on Plaintiff’s Second Supplement and Request for Non-Disclosure and Limited Service Regarding Motion for Renewed Early Discovery [#40]1 (the “Motion”).2 The Motion [#40] has been referred to the undersigned. See Order Referring Motion [#41]. The Motion [#40] includes a statement that this Motion [#40] “consolidates and supersedes prior supplements[.]” Motion [#40] at 1 (alluding to similar motions and supplements filed at [#3], [#10], [#12], [#21], [#24]).3 Those prior motions and

1 [#40] is an example of the convention that the Court uses to identify the docket number assigned to a specific filing by the Court’s case management and electronic case file system (CM/ECF). This convention is used throughout this Recommendation.

2 Although styled a Supplemental Notice [#40], the Court construes this document as a motion. Plaintiff’s Motion [#40] requests the same or substantially same relief as requested in his prior Motions and Supplemental Notices. See [#3, #10, #12, #21, #24].

3 The Motion [#40] further states that “[a]ll factual allegations, legal arguments, and exhibits from Plaintiff’s previously filed motions and supplement[s] are incorporated herein by reference.” Motion [#40] at 1. This is improper. Fed. R. Civ. P. 10(c) provides that “[a] statement in a pleading supplements have also been referred to the undersigned. See Orders Referring Motions [#18, #27]. Therefore, for purposes of this Order, the Court considers the arguments advanced in the instant Motion [#40] as all-encompassing. The Court has reviewed the Motion [#40], Plaintiff’s related Supplemental Notices

[#21, #24] and Motions [#3, #10, #12], the entire case file, and the applicable law. For the reasons set forth below, the Motion [#40] is DENIED without prejudice. I. Background

This case arises from a cryptocurrency transaction wherein Plaintiff transferred approximately $100,000.00 in digital currency to various operators, who allegedly later blocked Plaintiff’s requested withdrawals and absconded with the remaining funds. First Am. Compl. [#36] at 3-4. Through his Motion [#40], Plaintiff, who proceeds pro se4, seeks leave to conduct expedited discovery so that he may issue subpoenas to entities he believes possess information concerning the Doe defendants’ identities. Motion [#40] at 2. The Motion [#40] is one of many motions filed by Plaintiff requesting the same or similar relief. On October 3, 2025, Plaintiff filed his first Motion for Early Discovery [#3]. Three days later, Plaintiff filed a Motion for Expedited Consideration of his Motion for Early

may be adopted by reference elsewhere in the same pleading or in any other pleading or motion.” Fed. R. Civ. P. 10(c) (emphasis added). But see D.C.COLO.LCivR 15.1(b) (prohibiting proposed amended pleadings from incorporating by reference any part of the preceding pleading). “No authority extends Rule 10(c) to incorporation of a party’s prior motion into a later motion[.]” See Wilson v. Pauling, 457 F. Supp. 3d 965, 978 n.2 (D. Colo. 2020).

4 The Court must liberally construe a pro se litigant’s filings. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972). In doing so, the Court should neither be the pro se litigant’s advocate nor “supply additional factual allegations to round out a plaintiff's complaint or construct a legal theory on a plaintiff’s behalf.” Whitney v. New Mexico, 113 F.3d 1170, 1175 (10th Cir. 1997) (citing Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991)). Additionally, pro se parties must follow the same rules of procedure that govern other litigants. Nielsen v. Price, 17 F.3d 1276, 1277 (10th Cir. 1994) (citing Green v. Dorrell, 969 F.2d 915, 917 (10th Cir. 1992)). Discovery [#10]. Four days later, Plaintiff filed a Renewed Motion for Early Discovery [#12]. Thereafter, Plaintiff filed a Supplemental Notice [#21], wherein Plaintiff expands upon his requested relief. Namely, the Supplemental Notice [#21] requested that the subpoenaed third parties be subject to a nondisclosure order and that Plaintiff be allowed

to serve the subpoenas by email. Notice [#21] at 3-4. That same day, Plaintiff filed another Supplemental Notice [#24], which contains the same relief he requested in the earlier Supplemental Notice [#21]. See Notice [#24] at 3-4. II. Applicable Law

Generally, formal discovery is not permitted until the parties have conferred under Fed. R. Civ. P. 26(f). See FED. R. CIV. P. 26(d)(1) (“A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order.”). However, a court may exercise discretion to “alter the timing, sequence, and volume of discovery.” See Qwest Commc’ns Int’l, Inc. v. WorldQuest Networks, Inc., 213 F.R.D. 418, 419 (D. Colo. 2003). In this District, courts have permitted expedited discovery upon a showing of good cause. See, e.g., SEBO Am., LLC v. Does, No. 21-cv-02865-RM-STV, 2021 WL 5167196, at *1 (D. Colo. Oct. 29, 2021) (citing Pod-Ners v. N. Feed & Bean of Lucerne Ltd., 204 F.R.D. 675, 676 (D. Colo. 2002)); Liberty Media Holdings, LLC v. Colo. Members of Swarm, No. 11-cv-01170-WJM-KMT, 2011 WL 1812554, at *1 (D. Colo. May 12, 2011) (citing same). “Good cause may exist where the plaintiff seeks a preliminary injunction, where the moving party has asserted claims of infringement or unfair competition, or ‘where physical evidence may be consumed or destroyed with the passage of time, thereby disadvantaging one or more parties to the litigation.’” SEBO Am., LLC, 2021 WL 5167196, at *1 (quoting Qwest Commc’ns, 213 F.R.D. at 419). However, “[i]n applying the ‘good cause’ standard under Rule 26(d), the court should consider the scope of the requested discovery.” Qwest Commc’ns, 213 F.R.D. at 420.

A plaintiff’s inability to identify a defendant is “one of the few reasons that early discovery is generally permitted.” Malibu Media, LLC v. John Doe Subscriber Assigned IP Address 174.51.234.104, No. 13-cv-00307-WYD-MEH, 2013 WL 3753436, at *4 (D. Colo. July 14, 2013) (citing 20/20 Fin. Consulting, Inc. v. Does 1-5, No. 10-cv-01006- CMA-KMT, 2010 WL 1904530, at *1 (D. Colo. May 11, 2010)). In such situations, “the plaintiff should be given an opportunity through discovery to identify the unknown defendants, unless it is clear that discovery would not uncover the identities, or that the complaint would be dismissed on other grounds.” 20/20 Fin. Consulting, 2010 WL 1904530, at *1.

III. Analysis

A. Request for Expedited Discovery

Plaintiff seeks to issue subpoenas to 13 third parties to identify the unknown Doe defendants. See Motion [#40] at 2, 5-6.

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

Related

Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
Green v. Dorrell
969 F.2d 915 (Tenth Circuit, 1992)
Nielsen v. Price
17 F.3d 1276 (Tenth Circuit, 1994)
Hard Drive Productions, Inc. v. DOES 1-188
809 F. Supp. 2d 1150 (N.D. California, 2011)
Arista Records LLC v. DOES 1-27
584 F. Supp. 2d 240 (D. Maine, 2008)
Paoloni v. Goldstein
331 F. Supp. 2d 1310 (D. Colorado, 2004)
Strike 3 Holdings, LLC v. John Doe
964 F.3d 1203 (D.C. Circuit, 2020)
Commodity Futures Trading Comm'n v. McDonnell
287 F. Supp. 3d 213 (E.D. New York, 2018)
Hall v. Bellmon
935 F.2d 1106 (Tenth Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
Y.S. v. JOHN DOE et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ys-v-john-doe-et-al-cod-2025.