Who is john doe lawsuit

Lawyers for Aquacool have also filed a suit in Ohio against AnswerThink, seeking payments and stock. Megan Gray, a lawyer representing Aquacool in the Yahoo case, declined to say whether Hackett and Aquacool were the same person, although she acknowledged in legal papers that Aquacool was a former employee of AnswerThink.

Attempts to reach Hackett and Aquacool by phone and e-mail were not successful. Gray, in an interview and in her legal papers, argued that Yahoo's actions violated her client's right to privacy under the California constitution. She also said that Yahoo breached its own contract. The company's privacy policy, she said, directly and indirectly states that personally identifiable information about users will not be distributed without consent.

Finally, Gray said that AnswerThink's complaint against Aquacool was baseless because Aquacool's comments were hyperbolic statements of opinion that, as a matter of law, could not be considered defamatory. A lawyer for Yahoo declined to comment on the case. A company spokesman noted, however, that in April, Yahoo adopted a new policy of notifying users when it receives a subpoena asking for personal information.

To identify the anonymous user, you will also need to subpoena the ISP. Depending on which site you are dealing with, you might have to fight to get them to turn over the info you need. When you file a John Doe lawsuit to identify an anonymous internet perpetrator and hold them liable for their unlawful behavior, you can expect to pay three types of costs:. The first costs you will encounter are those forcing you to file a claim in the first place.

You do not know the identity of the person posting bad things about you or your business, so now you have to go through the discovery process to find out. To uncover the identity behind anonymous online posters, you need to subpoena the platform hosting the damaging or defamatory content. This could be Yelp, Google, Glassdoor, Ripoff Report, or any number of websites that publish online reviews. Or, it could be a popular social media platform Facebook, Twitter, Instagram , a cheater website or public shaming site , or internet blog or discussion forum.

You will also need to subpoena the ISPs of posters to get their identifying information. This is not always easy, because many websites are reluctant to expose user data. Your legal costs can also go up if you need to track down the identities of multiple online posters.

This is because you will likely receive multiple IP addresses which will require more subpoenas to ISPs. In addition, you must address each piece of content in your court filings, showing that each one meets the legal requirements for your legal claim, such as defamation. This creates more legal work, which will increase total case costs. The next set of costs to consider are those related to actually filing your lawsuit.

These costs include costs for local counsel, court fees, and costs associated with court appearances. Each of these costs can vary widely depending on where you file your lawsuit and whether you need to enlist the help of local counsel. At Minc Law, we represent clients throughout the United States and around the world, but we are not licensed in every jurisdiction. Like other law firms with national practices, we rely on local counsel to help us navigate local rules and procedures, as well as make appearances at preliminary hearings.

The costs associated with hiring local counsel vary widely by jurisdiction. If you or your business has a lawyer you deal with frequently and who is willing and able to assist in your John Doe claim and lawsuit, this can help drive down your costs.

As with other legal costs, your court fees will vary by jurisdiction. It costs money to file a complaint, and some courts charge a fee every time you file a motion, amend your pleadings, or file a new subpoena.

Other courts will tack on additional fees if you are suing more than one defendant. The takeaway is that there is a lot of variety here. Depending on where you are filing and the complexity of your case, your court fees could quickly add up. As the name indicates, an appearance involves your lawyer making a personal appearance on your behalf in court.

Furthermore, appearances are not just for trials. Depending on the court and your legal case, your lawyer may need to attend scheduling conferences, preliminary hearings, status conferences, and other events.

All of these may impact your total legal costs. After you file your complaint, the case will go into the discovery period. It is during this time that the identities of the John Doe defendants can be discovered.

After the complaint is amended, you will have between 2 and 4 months to serve the defendant. If the identity of the John Doe defendant is not discovered before the date of the trial, they will be dismissed. Now that you know how to name an unknown party in your lawsuit, it should make it easier to hold all parties liable.

Superior Court claiming defamation. The blogger Doe filed a special motion to quash under the D. The blogger appealed to the D. Court of Appeals. The court issued an order to show cause why the appeal should not be dismissed as premature, since the case was not finished in the lower court.