Declaration of John Doe

8/3/2019 Declaration of John Doe

1/10

John Doe

UNITED STATES DISTRICT COURTDISTRICT OF OREGONPORTLAND DIVISION

AMY J. ROLOFF and MATTHEW J.ROLOFF

Plaintiffs,

vs.

WASHINGTON COUNTY, a politicalsubdivision of the State of Oregon,JOHN WHEELER and JAYWINCHESTER,

Defendants.

Case No. 10-cv-1487-MO

DELCARATION OF JOHN DOE INSUPPORT OF MOTION TO QUASHSUBPOENA

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

I, _______________ [name redacted], declare as follows:

1. I am the creator and administrator of the Internet blog found atspiritswander.blogspot.com. Unless otherwise stated I have personal knowledgeof the matters stated herein.

2. I have appeared anonymously in this action to file a motion to quash thePlaintiffs subpoena to Google, Inc., which seeks to reveal the identity of theregistrant of the email address [email protected] and the administrator ofthe blog spiritswander.blogspot.com (the Subpoena).

3. All factual statements set forth in my Motion to Quash Subpoena are trueand accurate.

4. I use the email address [email protected] to speak anonymouslyon the Internet, including speech on the blog spiritswander.blogspot.com.


2/10


3/10

goosupp

HelloGooaccoWasDistriReferTo cquasgoogGoo

ForseekiRossDay1275Portl(503)

gle-legal-ort@googl

msi

,

le has receint in a casington Couct of Oregoence #1966

mply with th the subpole-legal-suple may prov

ore informang this info

A. Dayaw Group,SW 69th And, Oregon747-2705

e.com

tospi

dateThPM

subjectSuGoRef

iled-bygoned-bygo

ed a subpoentitled Amty, John W, Portland6).

e law, unlena (or otheort@googl

ide responsi

tion about tmation at:

Ce, Ste 20097223

E

itswander

, Dec 8, 2poena Nogle (Goog

erence #1gle.comgle.com

ena for infory J. Roloff aeeler and Jivision, 10-

s you proviformal obje.com by 5pve docume

e subpoen

hibit

gmail.co

11 at 8:05

tice fromle Internal6646)

mation relatnd Matthewy Winchestv-1487-MO

e us with action filed i

Pacific Tits on this d

, you may

Dec 8

ed to yourJ. Roloff v.er, US DistriGoogle Inte

copy of a mcourt) viae on Decete.

ish to conta

oogle

ct Court,rnal

otion tomail atber 28, 201

ct the party

,


4/10

goosupp

Hello,

Pleasmatteyou hcontaTo coquasgooglGoogFor mseekiRoss

Day1275Portl(503)

GoogIf youcontaThanGoog

le-legal-ort@googl

s

maisig

e find attachr. Google isave other quct your attorn

mply with ththe subpoe

e-legal-supple may provi

ore informating this inform

A. Day

aw Group, PSW 69th A

nd, Oregon747-2705

le is not in a

have other qct your attorn

you,le Legal Sup

e.comtoSpiri

Dec 9

ived in thisl advice. Ifourage you

of a motionrt) via emailn December

to contact th

.

ncourage yo

to

toat28, 2011,

party

u to


5/10

Ross A. Day, OSB #[email protected] Law Group, P.C.12755 S.W. 69lhAve., Ste. 200Portland, OR 97223Phone: 503.747.2705Facsimile: 503.747.2951

Of Attorneys for Plaintiffs

UNITED STATE DISTRICT COURTDISTRICT OF OREGONPORTLAND DIVISION

AM Y J. ROLOFF and MATTHEW J. No. 10-cv-1487-MOROLOFF, Plaintiffs, SUBPOENA DUCES TECUMV.

WASHINGTON COUNTY, a politicalsubdivision of the State of Oregon, JOHNWHEELER and JAY WINCHESTER,

Defendants.TO : Google, Inc.

Google Legal Investigations Support1600 Amphitheater ParkwayMountain View, CA 94043YOU AR E HEREBY COMMANDED to produce at the law office of Day Law Group,

P.C., 12755 S.W. 69th Avenue, Suite 200, Portland, OR 97223 on the 9th day of January, 2012, at9:00 a.m. the following documents, electronically stored information or objects listed inAttachment A to this subpoena and permit their inspection, copying, testing or sampling

COMPLIANCE WITH THIS SUBPOENA MAYBE MADE WITHOUT PERSONALAPPEARANCE SO LONG AS THE DOCUMENTS REQUESTED IN THIS SUBPOENAAR E RECEIVED BY ROSS DAY OF DAY LA W GROUP, P.C. PRIOR TO THE DATE OF1 SUBPOENA DUCES TECUM


6/10

THE SCHEDULED DEPOSITION. PLEASE CONTACT ROSS DAY AT (503) 747-2705 IFYOU HAVE ANY QUESTIONS.

DATED this rdyof December, 2011.

THE DAY LAW GROUP, P.C.

rossodgayLawc.com

2 - SUBPOENA DUCES TECUM


7/10

Attachment ADefinitions

I The terms "YOU," "YOUR," and "GOGGLE" as used herein means and include GoogleInc., its past or present officers, directors, employees, representatives, consultants,partners, independent contractors, agents, and attorneys, as well as any past or presentpredecessor, successor, parent, subsidiary, division or affiliate thereof, whether domesticor foreign and whether owned in whole or in part.

2. "PLAINTIFF" as used herein, means and includes Plaintiffs Matt Roloff and Amy Roloff,as well as Roloff Farms and its employees, independent contractors, agents, and/or ANYPERSON work on its behalf.

3. "PERSON" or "PERSONS" means ANY individual, corporation, partnership, jointventures, firm, association, proprietorships, agency, board, authority, commission, limitedliability corporation (LLC), doing business as (DBA) or assumed business name (ABN),OR other legal, business OR governmental entities.

4. "AND" AND "OR" shall be construed both conjunctively AND disjunctively, AND eachshall include the other whenever such dual construction will serve to bring within thescope of this request any DOCUMENTS which would otherwise not be brought within itsscope.

5. "ANY" AND "ALL" shall both be interpreted in the most inclusive light, AND shallinclude "ANY AND ALL"6. "DOCUMENT" and "DOCUMENTS" shall have the meaning ascribed to it by Fed. R.Civ. Proc. R. 34(a)(l)(A) and to "writings" and "recordings" by Fed R Evid. 1001, and

include without limitation original and each nonidentical copy of any written, printed,typed, recorded, computerized, tapped, graphic or other matter, in whatever form,whether in final or draft. Thus, DOCUMENT includes but is not limited to electronicmail, file folders, file jackets and metadata, as well as each original or other copies andincludes, without limitation, all noted, memoranda, studies, reports, analyses, businessplans, forecasts, estimates, appraisals, test data, notebooks, working papers, letters,correspondence, contracts, agreements, licenses, charts, indices, discs internet web serverfiles, databases, data compilations, data sheets, data processing, cards or programs,microfilm, microfiche, forms, diaries, time calendars, (including monthly or otherperiodic statements, check deposit slips, wire transfer documentation), financial records(including books of account ledgers, journals, invoices, bills, balance sheets, profit andloss income statements audited and unaudited financial statements), card files, pamphlets,periodicals, schedules, telegrams, telexes, minutes ofmeetings, manuals, brochures,

ATTACHMENT A


8/10

promotional materials, bulletins, circulars, specifications, instructions, notices,comparisons and surveys.7. "EACH" means each and every.8. The term "INCLUDING" as used herein is illustrative and is in no way a limitation on theinformation requested.9. "REGARDING" or "RELATING" shall be construed in the broadest sense and shallmean and include: concerning, alluding to, responding to, referring to, connected with,commenting on, summarizing with respect to, pertaining to, about, regarding, relating to,discussing, involving, showing, describing, reelecting, analyzing evidencing comprising,constituting, containing, embodying, mentioning, consisting of or otherwise relating to

the subject matter.10. "IDENTIFYING INFORMATION" shall include, ifpossessed by YOU, the name,address, phone numbers, internet Protocol, (IP) addresses, Media Access Control (MAC)addresses, and email addresses and any other information in YOUR possession that couldreasonably be used by the PLAINTIFF to determine the identity of any person.

InstructionsI Pursuant to Fed R. Civ. Proc. R. 45 , YOU must produce the below-enumerated categories

of DOCUMENTS, including tangible items of any nature which are now or have at anytime been within YOUR possession, custody, or control. In lieu of producing the originalDOCUMENTS and things, YOU may provide a legible copy to Plaintiff's counsel at TheDay Law Group, P.C., 12755 SW 69"I Avenue, Suite 200, Portland, Oregon, 97223,within the time permitted by law. By permitting You provide legible copies in lieu oforiginals, Plaintiff reserves the right to request the inspection of any original document ortangible thing at any time and place that is mutually convenient for Plaintiff and YOU.2. Each DOCUMENT produced pursuant to this Request shall be produced as it was kept inthe usual course of business and shall be identified as such production according to thenumber of the request to which it corresponds. Each DOCUMENT shall be produced inits original file folder, or, in lieu thereof, any 'writing on the file folder which each suchdocument is taken and shall be copied and appended to such document.3. For each DOCUMENT produced, identify the PERSON for whom, or the department,

division, or office for which, such DOCUMENT is maintained.4. Electronic DOCUMENTS and computerized information shall be produced in anintelligible electronic format or together with a description of the system from which itwas derived sufficient to permit the material to be rendered intelligible.

ATFACHMENT A


9/10

5. Identify all DOCUMENTS requested hereby that were at any time in YOUR possession,custody, or control and have since been destroyed by stating a description of theDOCUMENT and identifying the names and titles of ANY PERSON involved in or withknowledge of the destruction.6. If YOU object to a request as unduly burdensome or overly broad, YOU shall answerthose portions of the request which are unobjectionable and state specifically in what

respect the request is objectionable.Reguested Documents

I YOU are hereby authorized and ordered to expeditiously disclose, to the above-namedPLAINTIFF, information sufficient to identify the user data and account holder for eachof the following:

a. Any Identifying Information ofthe person or persons who established theblog located at http://spiiritswander.blogspot.com (the "Blog")

b. The Blogger User Profile associated with the Blog:C. Any Identifying Information of any person who is authorized to author,

edit or otherwise contribute written material to the Blog. For purposes ofthis request, this includes any person who had authorization to author, editor otherwise contribute written material to the Blog at any time since theinception of the Blog.

d. The name of the registered owner of the following email address:[email protected]

ATTACHMENT A


10/10

CERTIFICATE OF SERVICE

I hereby certify that on December 22, 2011, I served the foregoing by U.S. Mail tothe following attorneys of record:

Attorneys for Plaintiffs:

Donald Joe WillisSchwabe Williamson & Wyatt, PC1600-1900 Pacwest Center1211 SW Fifth AvenuePortland, OR 97204(541) 749-4012Fax: (541) 330-1153Email: [email protected]

Ross A DayDay Law Group, P.C.12755 SW 69th AveSuite 200Portland, OR 97223503-747-2705Fax: 503-747-2951Email: [email protected]

Attorneys for Defendants:

Christopher A. GilmoreOffice of Washington County Counsel340 Public Services Bldg., MS 24155 N. First AvenueHillsboro, OR 97124-3072(503) 846-8747Fax: (503) 846-8636Email: [email protected]