Cordova v. Huneault
3:25-cv-04685
| N.D. Cal. | Jul 16, 2025Background
- Christopher J. Cordova, plaintiff, filed a copyright infringement lawsuit in the Northern District of California.
- Cordova seeks permission to serve an early third-party subpoena on Google LLC d/b/a YouTube to determine the identity of the alleged infringer.
- The plaintiff asserts the named defendant, Jonathan Huneault, may not be the real infringer, and further discovery is necessary for proper service of process.
- Cordova claims to have met the statutory registration prerequisites for a copyright suit and has already taken steps to identify the infringer.
- The court found Cordova met requirements to obtain limited early discovery but noted the initial subpoena request was overly broad regarding types of information sought.
- The court grants leave to serve a revised, narrowly tailored subpoena to YouTube with safeguards for user notification and objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Leave to serve third-party subpoena before Rule 26(f) | Good cause and necessity to identify real infringer | Not explicitly stated | Granted, but only as narrowed to necessary identifying information |
| Scope of requested subpoena to YouTube | All identifying information needed to serve real defendant | Not explicitly stated | Subpoena must be narrowed; certain requests (social media data, downloaders) too broad |
| Compliance with copyright registration prerequisites | Cordova has met registration requirements per statute | Not explicitly stated | Satisfied—Cordova may proceed with discovery |
| Notice and protection for affected third-party YouTube users | Standard subpoena procedure sufficient, with attached order | Not explicitly stated | YouTube must notify users; users may object or seek protective order |
Key Cases Cited
- Gillespie v. Civiletti, 629 F.2d 637 (9th Cir. 1980) (sets requirements for permitting early discovery to identify unknown defendants)
- Columbia Ins. Co. v. Seescandy.com, 185 F.R.D. 573 (N.D. Cal. 1999) (establishes factors for early discovery aimed at identifying anonymous parties)
- Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. 296 (2019) (clarifies registration requirement for copyright plaintiffs)