In re: Cover Corporation
5:25-mc-80128
N.D. Cal.May 23, 2025Background
- Cover Corporation, a Japanese company managing VTubers (virtual YouTubers), filed an ex parte application under 28 U.S.C. § 1782 for discovery from Google LLC.
- The request is related to an upcoming proposed lawsuit in Japan against an anonymous individual who allegedly posted a comment defaming one of Cover's managed VTubers, "Shirakami Fubuki," on social media platform X using the account "@arareGZlq."
- The allegedly defamatory statement was made in connection with a controversy involving another VTuber under Cover's management.
- Cover seeks to subpoena Google for identifying information associated with a Gmail account believed to be linked to the anonymous poster, intending to bring a civil suit under Article 709 of the Japanese Civil Code.
- The ex parte application was brought in the Northern District of California, where Google is headquartered, as permitted under Section 1782 for foreign discovery.
- The court considered both statutory requirements and the Intel discretionary factors in deciding the application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Google is subject to discovery under § 1782 | Google is based in the district and holds relevant information | No response (ex parte) | Yes: Google is found in the district |
| Whether discovery is for use in a foreign tribunal | The intended civil lawsuit in Japan qualifies | No response (ex parte) | Yes: Litigation is reasonably contemplated in Japan |
| Whether Cover is an "interested person" | As the putative plaintiff, Cover is an interested person | No response (ex parte) | Yes: Cover has standing as an interested party |
| Whether the Intel discretionary factors are met | All factors support granting the application | No response (ex parte) | Yes: Court exercises discretion to grant discovery |
Key Cases Cited
- Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (U.S. 2004) (articulates standards and discretion for Section 1782 applications)
- Khrapunov v. Prosyankin, 931 F.3d 922 (9th Cir. 2019) (summarizes requirements for discovery under Section 1782)