Preview
Filed: 4/7/2021 4:18 PM
J OHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 52235931
By: Shailja Dixit
4/7/2021 4:32 PM
CAUSE NO. . 20-CV-1975
BLAKE TARTT III IN THE DISTRICT COURT OF
Plaintiff
VS
GALVESTON COUNTY TEXAS
JOHN DOE, and
JANE DOE
Defendants 56TH JUDICIAL DISTRICT
EXECUTED SUBPOENA SERVED ON AUTOMATTIC, INC.
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) SUBP-045
‘Calvin G. McLean, Texas Bar No. 24091885 FOR COURT USE ONLY
7950 Legacy Drive, Suite 330, Plano, Texas 75024
TELEPHONE NO.: 972.436.1661 FAXNO.: 972.436.1615
E-MAIL ADDRESS: goc.garfieldiaw@gmail.com
ATTORNEY FOR (Name): Blake Tartt, III
Court for county in which discovery is to be conducted:
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister Street, San Francisco, California 94102
MAILING ADDRESS: 400 McAllister Street, San Francisco, California 94102
CITY AND ZIP CODE:
BRANCH NAME: Civil Division
Court in which action is pending: 56th Judicial District Court Galveston County TX
Name of Court: S6TH JUDICIAL DISTRICT COURT GALVESTON COUNTY TX
STREET ADDRESS: 600 59th Street #3302, Galveston, Texas 7551
MAILING ADDRESS: 600 59th Street #3302, Galveston, Texas 7551
ICITY, STATE AND ZIP CODE:
country: United States of America
PLAINTIFF/PETITIONER: Blake Tart, Ill ‘CALIFORNIA CASE NUMBER (if any assigned by court)
DEFENDANT/RESPONDENT: John Doe and Jane Doe
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND ‘CASE NUMBER (of action pending outside Califomia)
PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED 20-CV-197:
INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
The Custodian of Records of Automattic, Inc., 818 W7th St, S uite 930, Los Angeles, California 94110-4929
1 YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time,
and place:
Date: April 22, 2021 Time: 10:00 A.M. Address: 60 29th Street #343, San Francisco, California 94110-4929
a. Lx] Asa deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
b. [3¢] You are ordered to produce the documents, electronically stored information, and things described in item 3.
¢. This deposition will be recorded stenographically [__] through the instant visual display of testimony
and by [__] audiotape (—] videotape.
The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena, The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient
compliance with this subpoena.
The documents, electronically stored information, and things to be produced and any testing or sampling being sought are
described as follows ((if electronically stored information is required, the form or forms in which each type of information is to
be produced may be specified) : PLEASE SEE ATTACHMENT 3
[3] Continued on Attachment 3 (use form MC-025).
If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:
[1 Continued on Attachment 4 (use form MC-025).
Attorneys for the parties to this action or parties without attorneys are (name, address, telephone number, and name of, party
represented):
Calvin G. McLean and William W. Johnston for Plaintiff, Blake Tart, III
[] Continued on Attachment 5 (use form MC-025). Paget of 2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND Codeof Civil Procedure, §§ 2029, 100-900,
Judicial Council of Calfomia PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED 2020.10, 2025.20, 2025.230, 2025.250,
‘SUBP-045 (Rev. January 1, 2012] 2025.620; Goverment Code, § 68097.1
INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA www.courts.ca.gov
SUBP-045
PLAINTIFF/PETITIONER: Blake Tartt, II CASE NUMBER
DEFENDANT/RESPONDENT: John Doe and Jane Doe
6. [__] Other terms or provisions from out-of-state subpoena, if any (specify):
[] Continued on Attachment 6 (use form MC-025)
If you have been served with this subpoena as a custodian of consumer or employee records under Code of Civil
Procedures section 1985.3 or 1985.6 and a motion to quash or an objection has been served on you, a court order or
agreement of the parties, witnesses, and consumer or employee affected must be obtained before you are required to
produce consumer or employee records.
At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition,
if
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless
the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles
of your residence. The location of the deposition for all deponents is govemed by Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued:
=
MAR 30 2021 > CAROLVN BALISTRERI
(SIGNATURE OF PERSON ISSUING SUBPOENA)
CAROLYN BALISTRERI CLERK og THE ae
(TYPE OR PRINT NAME) (TMTLE) Te OG
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS,
ELECTRONICALLY STORED INFORMATION, AND THINGS
1 | served this Deposition Subpoena for Personal Appearance and Production of Documents, Electronically Stored Information, and
Things in Action Pending Outside Califomia by personally delivering a copy to the person served as follows.
a Person served (name):
b. Address where served:
cl Date of delivery: d. Time of delivery:
e Witness fees and mileage both ways (check one).
(1) [] were paid. Amount:
(2) [_] were not paid.
(3) [__] were tendered to the witness's public entity employer as required by Government Code section 68097.2. The
amount tendered was (specify): $
f. Fee for service: .. .
2. | received this subpoena for service on (date):
3. [""] | also served a completed Proof of Service of Notice to Consumer or Employee and Objection (form SUBP-025)
by personally delivering a copy to the person served as described in 1 above.
4. Person serving:
CI Not a registered California process server
Co California sheriff or marshal
CI Registered California process server
Co Employee or independent contractor of a registered California process server
[ea] Exempt from registration under Business and Professions Code section 22350(b)
Name, address, telephone number, and, if applicable, county of registration and number:
| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
> (SIGNATURE)
> (SIGNATURE)
‘SUBP-045 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND Page 2 of 2
PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED
INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO. FOR COURT USE ONLY
Calvin McLean, 24091885 7136264690
LRA Solutions
PO Box 667506
Houston, TX 77266 Ref. No. or File No,
ATTORNEY FOR (Name): Plaintiff
Insert name of cour, judicial districtor branch cour, if any:
Superior Court of California, San Francisco County-San Francisco-McAllister Branch
400 McAllister Street
San Francisco, CA 94102
PLAINTIFF:
Blake Tartt, Ill
DEFENDANT:
John Doe, et al.
DATE: TIME: DEPTIOV: ‘CASE NUMBER:
PROOF OF SERVICE 04/22/2021 10:00AM 20-CV-1975
1. At the time of service | was a citizen of the United States, over 18 years of age and not a party to this action, and | served copies of:
Deposition Subpoena for Personal Appearance and Production of Documents
2. Person Served (name): Automattic, Inc. by serving CT Corp - Gabriela Sanchez - Person Authorized to Accept
3. Date and Time of Delivery: 04/06/2021 1:30PM
4. Address where served: 818 West Seventh Street, Suite 930
Los Angeles, CA 90017
5. | received the above document(s) for service on (date): 04/05/2021
6. Witness Fees: Witness fees and mileage both ways, if applicable, were offered or demanded and
paid. Amount $ 35.00
Fee for service (including Witness Fees if paid) $: 75.00
| declare under penalty of perjury under the laws of the United States of
Registered California process server. America and the State of California that the foregoing is true and correct and
that this declaration was executed on 04/06/2021 at Petaluma, California.
County: Los Angeles
Reaistration No.: 4553
Jimmy Lizama
a
One Legal - P-000618-Sonoma
1400 North McDowell Blvd, Ste 300
Petaluma, CA 94954 Jimmy Lizama
OL# 16109068
415-491-0606
SUBP-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
|_ Calvin G. McLean, Texas Bar Number 24091885
7950 Legacy Drive Ste 330, Plano
‘TELEPHONE NO 2.436.1661 FAX NO. (Optional) 972.436.1615
OK c.garfieldlaw@gmail.com
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name) i lake Tartt, III
Court for county in which discovery is to be conducted:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
street aooress: 4) McAllister Street San Francisco CA 94102
MAILING ADDRESS:
CITY AND ZIP CODE:400 McAllister Street San Francisco CA 94102
BRANCH NAME, iv l Division
Court in which action is pendin:
Name of Court: 56th Fadicial District Court, Galveston County, Texas
street anoress 600 59th Street #3302, Galveston, Texas 77551
MAILING ADDRESS 6()() 59th Street #3302, Galveston, Texas 77551
CITY, STATE, AND ZIP CODE:
COUNTRY. United States of Ameria
‘CALIFORNIA CASE NUMBER (if any assigned by court)
PLAINTIFF/PETITIONER Blake Tartt, I
DEFENDANT/RESPONDENT: John Doe and Jane Doe
‘CASE NUMBER (of action pending outside California)
APPLICATION FOR DISCOVERY SUBPOENA
IN ACTION PENDING OUTSIDE CALIFORNIA
Applicant (name): Blake Tartt, III is (check one):
(2) Plaintiff ] Petitioner [ ] Defendant ] Respondent [) Other (specify):
in the above action.
Applicant requests that this court issue a subpoena for discovery under Code of Civil Procedure sections 2029.100 — 2029.900
to (name and address of deponent or person in control of property):
Custodian of Records of Automattic, Inc., Owner of WordPress
Attached is (check one): [_] the original (£2) a true and correct copy of the document from the court in which the action
is pending that requires the person in 2 to (check all that apply):
a attend and give testimony at a deposition;
oy produce and permit inspection and copying of designated materials, information, or tangible things in the possession,
custody, or control of the deponent;
eC) permit the inspection of premises under the control of the deponent.
Applicant submits with this application a proposed subpoena that includes terms identical to those in the document from the
out-of-state court. (Code of Civil Procedure section 2029.300(d).)
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 18 January 2021 Digitally signed by Calvin G.
Calvin G. McLean Metean
Calvin G. McLean Date: 2021.01.18 13:13:05 -06'00'
(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)
Note: This application must be accompanied by the fee specified in Government Code section 70626.
A discovery subpoena must be personally served on the deponent in compliance with California law, including
Code of Civil Procedure section 1985.
Page 1 of 1
Form Adopted for Mandatory Use Code of Cwi Procedure §§ 2029. 100-900
Judicial Counct of California APPLICATION FOR DISCOVERY SUBPOENA www courtinfo.ca gov
‘SUBP-030 [New January 1, 2010] IN ACTION PENDING OUTSIDE CALIFORNIA
MC-025
SHORT TITLE CASE NUMBER:
| Blake Tartt, IIT v John Doe and Jane Doe
ATTACHMENT (Number): 3
(This Attachment may be used with any Judicial Council form., )
Provide information for the following account:
https://olemissinformation.wordpress.com/
Information Requested:
Any and all records regarding the identification of the owner(s) of the
OLEMISSINFORMATION. wordpress.com website, including:
1) owner information, first and last name, email address, alternate email
address, phone number, and address;
2) IP address used to set up the website as well as date and time of registration;
3) log-in IP addresses and type of computer used by owner;
4) any and all methods of payment provided by the subscriber and payment records; and
5) any other websites associated with the subscriber.
(If the item that this Attachment concems is made under penalty of perjury, all statements in this Page 1 of 1
Attachment
are made under penalty of perjury.)
{Add pages as required)
Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov
‘Judicial Council of California
MC-025 (Rev. July 1, 2009] to Judicial Council Form
L COMMISSION TO TAKE OUT OF STATE SUBPOENA TRC 201.01 & CPRC 20.0001 ]
CAUSE NO. 20-CV-1975
Blake Tartt, Ill vs. John Doe, Et Al 56th District Court OF
GALVESTON COUNTY, TEXAS
STATE OF TEXAS, COUNTY OF GALVESTON
To THE HONORABLE DISTRICT COURT OR OTHER APPROPRIATE AUTHORITY OF THE COUNTY
OR PARISH OF Judicial Authority of The Superior Court of California, County of San Francisco,
State of California:
In the 56th District Court of Galveston County, Texas there is a pending case entitled Blake Tartt, Ill vs.
John Doe, Et Al, bearing Cause No. 20-CV-1975 and it appears to this court that the just determination of
the issues presented requires that the deposition of Custodian of Records for Automattic, Inc.,
Owner of WordPress 60 29th Street #343 San Francisco, California 94110-4929, be
taken.
We hereby authorize and request that you assist this court in serving the interest of justice by causing, a
resident of your County/Parish and State, to be summoned to appear to be deposed by stenographic
and/or video deposition, then and there to give answers under oath to the oral//written questions and
produced requested documents that are addressed to said witness.
The witness shall appear on this the 22nd day of April, 2021, at 10:00 A.M., at 60) 29th Street #343
San Francisco, California 94110-4929
You are further authorized and requested to cause said deposition to be reduced to writing, annexing to
the writing any items marked as exhibits and or produced and to cause the written/produced deposition,
with all exhibits to be returned to the requesting party at William W. Johnston, Johnston & McLean, PLLC,
One Legacy West, 7950 Legacy Drive, Suite 330 Plano, Texas 75024, under cover duly sealed and
addressed.
Issued under my hand and seal of Court at office in Galveston, County of Galveston, Texas on this the
23rd day of March, 2021.
John D. Kinard, District Clerk
Zen OU, Galveston County, Texas
x
of \e
Me,
ZONCi By :Rolande Kain, Deputy Clerk
Received: 2/11/2021 4:21 PM
L
Envelope No. 50592106 ii
21 MAR 34
CAUSE NO. 20-CV-1975 7 10: US
Now ay
BLAKE TARTT II] IN THE DIGHRIET COURT
vee
OF
+ TEXAS
Plaintiff
VS,
GALVESTON COUNTY TEXAS
JOHN DOE, and
JANE DOE
Defendants 56TH JUDICIAL DISTRICT
ORDER GRANTING
MOTION FOR I: F LETTERS ROGA’ Y
The COURT, having considered Plaintiff Blake Tartt, II] Motion for Issuance of Letters
Rogatory filed on February 22, 2021, is of the opinion that the motion should be granted. It is
therefore
ORDERED that the Clerk of the Court issue a letter rogatory to The Custodian of Records
of Automattic, Inc., Owner of WordPress, and a letter rogatory to Facebook, Inc. in the forms
attached hereto as Exhibit A and Exhibit B, respectively.
SIGNED this) day of M owe 2021.
LY
Hon. Lonnie Cox,
Judge, 56" Judicial District Court
Galveston County, Texas
aon
eno He
UN
CAUSE NO. 20-CV-1975 Exuisit A
BLAKE TARTT III IN THE DISTRICT COURT OF
Plaintiff
vs.
GALVESTON COUNTY TEXAS
JOHN DOE, and
JANE DOE
Defendants 56TH JUDICIAL DISTRICT
REQUEST FOR INTERSTATE JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS
This Court presents its compliments to the appropriate judicial authority of The Superior
Court of California, County of San Francisco, and requests interstate judicial assistance for the
Service of Process in a civil law proceeding before this Court in the above-captioned matter, as
necessary in the interests of justice.
This request is made under Rule 201, Texas Rule of Civil Procedure, and the Code of Civil
Procedure.
This is a defamation lawsuit against parties whose proper names are unknown but who are
identified by various pseudonyms on social media websites. With the use of letters rogatory,
Plaintiff seeks to depose the Custodians of Records of Automattic, Inc., the owner of WordPress,
who can be served at 60 29" Street, #343, San Francisco, Califomia 94110-4929.
The undersigned judicial authority further requests that service be carried out by mail as
allowed by the California or by personal service on the identified addressee. If respondent cannot
be located for personal or substitute service, the undersigned judicial authority requests that service
be accomplished by publication or posting in accordance with the law of the State of destination.
The documents to be served are authenticated copies of:
20-CV-1975 — Tartt vs. Doe et al; 56 Judicial District Court, Galveston County, Texas
Subpoena Duces Tecum
Notice of Intention to Take Deposition on Written Questions
Deposition on Written Questions
Date: Mot (go>
Hon. Lonnie Cox,
Judge, 56" Judicial District Court
Galveston County, Texas
20-CV-1975 — Tartt vs. Doe et al; 56" Judicial District Court, Galveston County, Texas
AUTHENTICATION
As Clerk of the Court for the Superior Court of Califomia, County of San Diego, I do hereby
certify that the Honorable Lonnie Cox, was at the time and date thereof, Judge of the 56" Judicial
District Court of Galveston County, Texas; that the official acts and doings of said Judge are entitled
to full faith and credit; and that the attestation to said Request is in due form of law. I further certify
that the seal attached to said Request is the official Seal of the Court.
WITNESS my hand and seal of said 56" Judicial District Court in the County of Galveston,
State of Texas, on this 2nd day of Nvecda 2021.
Clerk of the Galveston County Court
By SAESEL
dere Deseret
AUTHENTICATION
As Judge of the 56" Judicial District Court of Galveston County, Texas, I do hereby certify
that John D. Kinard, whose signature is affixed hereto, was at the time and date thereof, Clerk of the
Court for the 56" Judicial District of Galveston County, Texas; that the official acts and doings of
said Clerk are entitled to full faith and credit; and that this authentication to said Request is in due
form of law.
m ps
WITNESS my hand and seal of said Court in the County of Galveston, State of Texas, on
this a dayor M
Lonnie Cox, Judge, 56" J
Galveston County, Texas
Exnisit B
CAUSE NO. 20-CV-1975
BLAKE TARTT II] IN THE DISTRICT COURT OF
Plaintiff
vs.
GALVESTON COUNTY TEXAS
JOHN DOE, and
JANE DOE
Defendants 56TH JUDICIAL DISTRICT
REQUEST FOR INTERSTATE JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS
This Court presents its compliments to the appropriate judicial authority of The Superior
Court of California, County of San Francisco, and requests interstate judicial assistance for the
Service of Process in a civil law proceeding before this Court in the above-captioned matter, as
necessary in the interests of justice.
This request is made under Rule 201, Texas Rule of Civil Procedure, and the Code of Civil
Procedure.
This is a defamation lawsuit against parties whose proper names are unknown but who are
identified by various pseudonyms on social media websites. With the use of letters rogatory,
Plaintiff seeks to depose the Custodians of Records of Facebook, Inc., who can be served at 1601
Willow Road, Menlo Park, California 94025.
The undersigned judicial authority further requests that service be carried out by mail as
allowed by the California or by personal service on the identified addressee. If respondent cannot
be located for personal or substitute service, the undersigned judicial authority requests that service
be accomplished by publication or posting in accordance with the law of the State of destination.
The documents to be served are authenticated copies of:
20-CV-1975 — Tartt vs. Doe et al; 56" Judicial District Court, Galveston County, Texas
Subpoena Duces Tecum
Notice of Intention to Take Deposition on Written Questions
Deposition on Written Questions
Date:
Hon. Lonnie Cox,
Judge, 56" Judicial District Court
Galveston County, Texas
20-CV-1975 — Tartt vs. Doe et al; 56% Judicial District Court, Galveston County, Texas
AUTHENTICATION
As Clerk of the Court for the Superior Court of California, County of San Diego, I do hereby
certify that the Honorable Lonnie Cox, was at the time and date thereof, Judge of the 56" Judicial
District Court of Galveston County, Texas; that the official acts and doings of said Judge are entitled
to full faith and credit; and that the attestation to said Request is in due form of law. I further certify
that the seal attached to said Request is the official Seal of the Court.
WITNESS my hand and seal of said 56" Judicial District Court in the County of Galveston,
State of Texas, on this day of 2021.
Clerk of the Galveston County Court
By. » Deputy
AUTHENTICATION
As Judge of the 56" Judicial District Court of Galveston County, Texas, I do hereby certify
that John D. Kinard, whose signature is affixed hereto, was at the time and date thereof, Clerk of the
Court for the $6 Judicial District of Galveston County, Texas; that the official acts and doings of
said Clerk are entitled to full faith and credit; and that this authentication to said Request is in due
form of law.
WITNESS my hand and seal of said Court in the County of Galveston, State of Texas, on
this day of 2021.
Lonnie Cox, Judge, 56" Judicial District Court,
Galveston County, Texas
co
SL Cc ous
JOHN D. KINARD
District Clerk
Galveston County, Texas
,
RQonRom OY
CERTIFIED COPY
|, John D. Kinard, District Clerk of Galveston County, Texas
certify that this is a true and correct copy of the original record
filed and or recorded in my office, electronically or hard copy,
As it appear on this date.
Witness my official hand and seal of office this 03/23/2021
Case Number 20-CV-1975 - 56th District Court
Case Style: Blake Tartt, III vs. John Doe, Et Al
Document contains 7 page(s)
Document Title: Order Granting Motion For Issuance Of Letters Rogatory
John D. Kinard, District Clerk
GALVESTON COUNTY, TEXAS
Prepared By Rolande Kain, Deputy Clerk
In accordance with Texas Government Code 406.013, electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal, please
email dcweb@co.galveston.tx.us
Filed: 2/11/2021 4:21 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 50592106
By: Lisa Kelly
2/11/2021 4:35 PM
CAUSE NO. 20-CV-1975
BLAKE TARTT III IN THE DISTRICT COURT OF
§
Plaintiff
VS. §
§ GALVESTON COUNTY TEXAS
JOHN DOE, and
JANE DOE §
Defendants 56TH JUDICIAL DISTRICT
MOTION FOR ISSUANCE OF LETTERS ROGATORY
TO THE HONORABLE COURT:
Plaintiff Blake Tartt. III requests the issuance of letters rogatory directed to The Custodian
of Records of Automattic, Inc., owner of WordPress, in The Superior Court of California. County
of San Francisco, and The Custodian of Records of Facebook, in The Superior Court of California,
County of San Mateo, requesting examination of The Custodian of Records on written questions.
and in support of this motion shows:
1 This is an action for defamation.
22 The witnesses are residents of the State of California and are the custodians of the
records of Facebook and WordPress (owned by Automattic, Inc.). These social media outlets are
alleged to have been used to disseminate false information regarding Plaintiff, to Plaintiff's
detriment.
3 Plaintiff has good cause to believe that the witnesses have knowledge of and are
competent to testify on these matters:
a As to Automattic, Inc. (WordPress)
information for the following account:
https://olemissinformation.wordpres: om/
2) Information Requested:
Any and all records regarding the identification of the owner(s) of the
OLEMISSINFORMATION.wordpress.com website, including 1)
owner information, first and last name, email address, alternate email
address, phone number, and address; 2) IP address used to set up the
website as well as date and time of registration; 3) log-in IP addresses
and type of computer used by owner; 4) any and all methods of
payment provided by the subscriber and payment records; and 5) any
other websites associated with the subscriber.
b As to Facebook, Inc.:
1) information for the following account:
http://www. facebook.com/profile.php?id=100055485004739
Username: Winston Smith
2) Information Requested:
Any and all records regarding the identification of the owner(s) of the
WINSTON SMITH account with ID number 1100055485004739,
including (1) owner information, first and last name, email address.
alternate email address, phone number, and addre 2) IP address
used to setup the account: (3) Last 5 IP addresses used to log into the
account and type of computer used; (4) any and all methods of
payment used by the account owner.
The written questions attached as Exhibit A (for Automattic) and Exhibit B (for Facebook).
4 WHEREFORE, Plaintiff Blake Tart, II requests that the Court order the Clerk of the
Court to issue The Custodian of Records of Automattic, Inc., Owner of WordPress, and Facebook.
Inc., the letters rogatory that are filed contemporancously with this motion.
Respectfully Submitted,
Johnston & McLean. PLLC
7950 Legacy Drive, Suite 330
Plano, Texas 75024
(972) 436-1661
(972) 436-1615 — Facsimile
Digitally signed by
William W. William W. Johnston
Date: 2021.02.11
By. Johnston 16:12:31 -06'00"
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Attorney for Plaintiff
Digitally signed byCalvin G.
Calvin G. McLean metean
Date: 2021.02.11 16:12:46 -06'00'
ys
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
Thereby certify that the foregoing
MOTION FOR ISSUANCE OF LETTERS ROGATORY
was served on Defendants as shown below:
via electronic filing service
on this 11" day of February 2021.
Digitally signed by Calvin G
Calvin G. McLean
Date: 2021.02.11 16:13:09
McLean 06°00"
Calvin G. McLean
ExHiBiT A
CAUSE NO. 20-CV-1975
BLAKE TARTT III § IN THE DISTRICT COURT
OF
§
Plaintiff
§
VS
GALVESTON COUNTY
TEXAS
JOHN DOE, and
JANE DOE
§
Defendants 56TH JUDICIAL
DISTRICT
DEPOSITION ON WRITTEN QUESTIONS,
THE CUSTODIAN OF RECORDS FOR WORDPRESS
A. INSTRUCTION
Records may be provided as electronic media containing records in PDF, JPEG, or TIF
format or “hard” copies. Video records may be provided in MP3 or MP4.
B. DEFINITION
Requested Records shall mean the items listed in section C of this document.
C. RECORDS REQUESTED
Provide information for the following account:
https://olemissinformation.wordpress.com/
Information Requested:
Any and all records regarding the identification of the owner(s) of
the OLEMISSINFORMATION. wordpress.com website, including
1) owner information, first and last name, email address, alternate
email
address, phone number, and address; 2) IP address used to set up the
website as well as date and time of registration: 3) log-in IP
addresses and type of computer used by owner: 4) any and all
methods of payment provided by the subscriber and payment
records; and 5) any other websites associated with the subscriber.
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS OF WordPress
1 Please state your full name. occupation, official title, and business address.
Answer:
2 Are you the custodian of records for Automattic, Inc.°s WordPress platform
(hereinafter “WordPress”)?
Answer:
3 In your capacity as custodian of records for WordPress, are you familiar with
whether WordPress maintains records of their business activities?
Answer:
4 Are the records of WordPress kept under your care, supervision, custody, or
control?
Answer:
5 Was it in the regular course of business activity of WordPress for employees with
personal knowledge of the transactions identified in the records to make such records or to transmit
such information to be included in the records?
Answer:
6 Were the REQUESTED RECORDS made at or near the time of the transactions
identified in the records or within a reasonable time thereafter?
Answer:
Were the REQUESTED RECORDS made and kept in the regular course of daily
business activities by WordPress?
Answer:
8 Were the REQUESTED RECORDS transmitted to your files, and did you maintain
the records as part of your official duties as the custodian of records for WordPress?
Answer:
9 Please hand the originals or exact duplicates of the REQUESTED RECORDS to
the notary public taking your deposition for photocopying and attachment to this deposition. Have
you now given all of the REQUESTED RECORDS to the notary public taking your deposition?
If not, identify for the notary public the records and documents you did not produce and explain
why you did not produce them.
Answer:
10. In the event you are unable to find any of the records requested in the subpoena you
received, how long docs WordPress maintain its files, and does WordPress ever destroy its files?
Answer:
Te Are you aware of any other companies or persons that may have pos sion of
records pertaining to the subject matter of this lawsuit? If so, ple: tate the name and address of
such entity or person, if known.
Answer:
12. Have you been requested or directed by any person to withhold or protect, for any
reason, the records identified in Plaintiffs subpocna’? Has any person suggested that you should
withhold or protect the records identified in Plaintiff's subpoena? Ifso, ple: state the name and
address of the person who conveyed this information to you and when such event occurred.
Answer:
13, Do you know or have reason to believe that the records identified in Plaintiff's
subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please
identify the records and explain why and how they were altered or removed.
Answer:
14. Tf any document responsive to Plaintiff's subpoena was, but is no longer in your
possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it was
destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain the
circumstances surrounding its disposition, including the date of such disposition.
Answer:
CUSTODIAN OF RECORDS FOR
Automattic, Inc.
VERIFICATION
STATE OF CALIFORNIA 8
COUNTY OF SAN FRANCISCO §
BEFORE ME, the undersigned notary public, on this day personally appeared
. the Custodian of Automattic, Inc. whose identity
is known to me, After I administered an oath, the custodian testifiedto
the foregoinganswers.
1 hereby certify that these answers were sworm to and subscribed before me by
on the day of 2021.
Notary Public, State of California
County of San Francisco
My commission expires:
EXHiBiT B
CAUSE NO. 20-CV-1975
BLAKE TARTT III IN THE DISTRICT COURT OF
§
Plaintiff §
VS. 8
§ GALVESTON COUNTY TEXAS
JOHN DOE, and
JANE DOE s
Defendants 56TH JUDICIAL DISTRICT
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS FOR FACEBOOK INC.
A INSTRUCTION
Records may be provided as electronic media containing records in PDF, JPEG, or TIF
format or “hard” copies. Video records may be provided in MP3 or MP4.
B. DEFINITION
Requested Records shall mean the ite
Preview
Filed: 4/7/2021 4:18 PM J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 52235931 By: Shailja Dixit 4/7/2021 4:32 PM CAUSE NO. . 20-CV-1975 BLAKE TARTT III IN THE DISTRICT COURT OF Plaintiff VS GALVESTON COUNTY TEXAS JOHN DOE, and JANE DOE Defendants 56TH JUDICIAL DISTRICT EXECUTED SUBPOENA SERVED ON AUTOMATTIC, INC. [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) SUBP-045 ‘Calvin G. McLean, Texas Bar No. 24091885 FOR COURT USE ONLY 7950 Legacy Drive, Suite 330, Plano, Texas 75024 TELEPHONE NO.: 972.436.1661 FAXNO.: 972.436.1615 E-MAIL ADDRESS: goc.garfieldiaw@gmail.com ATTORNEY FOR (Name): Blake Tartt, III Court for county in which discovery is to be conducted: [SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street, San Francisco, California 94102 MAILING ADDRESS: 400 McAllister Street, San Francisco, California 94102 CITY AND ZIP CODE: BRANCH NAME: Civil Division Court in which action is pending: 56th Judicial District Court Galveston County TX Name of Court: S6TH JUDICIAL DISTRICT COURT GALVESTON COUNTY TX STREET ADDRESS: 600 59th Street #3302, Galveston, Texas 7551 MAILING ADDRESS: 600 59th Street #3302, Galveston, Texas 7551 ICITY, STATE AND ZIP CODE: country: United States of America PLAINTIFF/PETITIONER: Blake Tart, Ill ‘CALIFORNIA CASE NUMBER (if any assigned by court) DEFENDANT/RESPONDENT: John Doe and Jane Doe DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND ‘CASE NUMBER (of action pending outside Califomia) PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED 20-CV-197: INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): The Custodian of Records of Automattic, Inc., 818 W7th St, S uite 930, Los Angeles, California 94110-4929 1 YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: April 22, 2021 Time: 10:00 A.M. Address: 60 29th Street #343, San Francisco, California 94110-4929 a. Lx] Asa deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.) b. [3¢] You are ordered to produce the documents, electronically stored information, and things described in item 3. ¢. This deposition will be recorded stenographically [__] through the instant visual display of testimony and by [__] audiotape (—] videotape. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena, The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. The documents, electronically stored information, and things to be produced and any testing or sampling being sought are described as follows ((if electronically stored information is required, the form or forms in which each type of information is to be produced may be specified) : PLEASE SEE ATTACHMENT 3 [3] Continued on Attachment 3 (use form MC-025). If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: [1 Continued on Attachment 4 (use form MC-025). Attorneys for the parties to this action or parties without attorneys are (name, address, telephone number, and name of, party represented): Calvin G. McLean and William W. Johnston for Plaintiff, Blake Tart, III [] Continued on Attachment 5 (use form MC-025). Paget of 2 Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND Codeof Civil Procedure, §§ 2029, 100-900, Judicial Council of Calfomia PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED 2020.10, 2025.20, 2025.230, 2025.250, ‘SUBP-045 (Rev. January 1, 2012] 2025.620; Goverment Code, § 68097.1 INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA www.courts.ca.gov SUBP-045 PLAINTIFF/PETITIONER: Blake Tartt, II CASE NUMBER DEFENDANT/RESPONDENT: John Doe and Jane Doe 6. [__] Other terms or provisions from out-of-state subpoena, if any (specify): [] Continued on Attachment 6 (use form MC-025) If you have been served with this subpoena as a custodian of consumer or employee records under Code of Civil Procedures section 1985.3 or 1985.6 and a motion to quash or an objection has been served on you, a court order or agreement of the parties, witnesses, and consumer or employee affected must be obtained before you are required to produce consumer or employee records. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition, if later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence. The location of the deposition for all deponents is govemed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: = MAR 30 2021 > CAROLVN BALISTRERI (SIGNATURE OF PERSON ISSUING SUBPOENA) CAROLYN BALISTRERI CLERK og THE ae (TYPE OR PRINT NAME) (TMTLE) Te OG PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS 1 | served this Deposition Subpoena for Personal Appearance and Production of Documents, Electronically Stored Information, and Things in Action Pending Outside Califomia by personally delivering a copy to the person served as follows. a Person served (name): b. Address where served: cl Date of delivery: d. Time of delivery: e Witness fees and mileage both ways (check one). (1) [] were paid. Amount: (2) [_] were not paid. (3) [__] were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): $ f. Fee for service: .. . 2. | received this subpoena for service on (date): 3. [""] | also served a completed Proof of Service of Notice to Consumer or Employee and Objection (form SUBP-025) by personally delivering a copy to the person served as described in 1 above. 4. Person serving: CI Not a registered California process server Co California sheriff or marshal CI Registered California process server Co Employee or independent contractor of a registered California process server [ea] Exempt from registration under Business and Professions Code section 22350(b) Name, address, telephone number, and, if applicable, county of registration and number: | declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: > (SIGNATURE) > (SIGNATURE) ‘SUBP-045 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND Page 2 of 2 PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO. FOR COURT USE ONLY Calvin McLean, 24091885 7136264690 LRA Solutions PO Box 667506 Houston, TX 77266 Ref. No. or File No, ATTORNEY FOR (Name): Plaintiff Insert name of cour, judicial districtor branch cour, if any: Superior Court of California, San Francisco County-San Francisco-McAllister Branch 400 McAllister Street San Francisco, CA 94102 PLAINTIFF: Blake Tartt, Ill DEFENDANT: John Doe, et al. DATE: TIME: DEPTIOV: ‘CASE NUMBER: PROOF OF SERVICE 04/22/2021 10:00AM 20-CV-1975 1. At the time of service | was a citizen of the United States, over 18 years of age and not a party to this action, and | served copies of: Deposition Subpoena for Personal Appearance and Production of Documents 2. Person Served (name): Automattic, Inc. by serving CT Corp - Gabriela Sanchez - Person Authorized to Accept 3. Date and Time of Delivery: 04/06/2021 1:30PM 4. Address where served: 818 West Seventh Street, Suite 930 Los Angeles, CA 90017 5. | received the above document(s) for service on (date): 04/05/2021 6. Witness Fees: Witness fees and mileage both ways, if applicable, were offered or demanded and paid. Amount $ 35.00 Fee for service (including Witness Fees if paid) $: 75.00 | declare under penalty of perjury under the laws of the United States of Registered California process server. America and the State of California that the foregoing is true and correct and that this declaration was executed on 04/06/2021 at Petaluma, California. County: Los Angeles Reaistration No.: 4553 Jimmy Lizama a One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 Jimmy Lizama OL# 16109068 415-491-0606 SUBP-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY |_ Calvin G. McLean, Texas Bar Number 24091885 7950 Legacy Drive Ste 330, Plano ‘TELEPHONE NO 2.436.1661 FAX NO. (Optional) 972.436.1615 OK c.garfieldlaw@gmail.com E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name) i lake Tartt, III Court for county in which discovery is to be conducted: SUPERIOR COURT OF CALIFORNIA, COUNTY OF street aooress: 4) McAllister Street San Francisco CA 94102 MAILING ADDRESS: CITY AND ZIP CODE:400 McAllister Street San Francisco CA 94102 BRANCH NAME, iv l Division Court in which action is pendin: Name of Court: 56th Fadicial District Court, Galveston County, Texas street anoress 600 59th Street #3302, Galveston, Texas 77551 MAILING ADDRESS 6()() 59th Street #3302, Galveston, Texas 77551 CITY, STATE, AND ZIP CODE: COUNTRY. United States of Ameria ‘CALIFORNIA CASE NUMBER (if any assigned by court) PLAINTIFF/PETITIONER Blake Tartt, I DEFENDANT/RESPONDENT: John Doe and Jane Doe ‘CASE NUMBER (of action pending outside California) APPLICATION FOR DISCOVERY SUBPOENA IN ACTION PENDING OUTSIDE CALIFORNIA Applicant (name): Blake Tartt, III is (check one): (2) Plaintiff ] Petitioner [ ] Defendant ] Respondent [) Other (specify): in the above action. Applicant requests that this court issue a subpoena for discovery under Code of Civil Procedure sections 2029.100 — 2029.900 to (name and address of deponent or person in control of property): Custodian of Records of Automattic, Inc., Owner of WordPress Attached is (check one): [_] the original (£2) a true and correct copy of the document from the court in which the action is pending that requires the person in 2 to (check all that apply): a attend and give testimony at a deposition; oy produce and permit inspection and copying of designated materials, information, or tangible things in the possession, custody, or control of the deponent; eC) permit the inspection of premises under the control of the deponent. Applicant submits with this application a proposed subpoena that includes terms identical to those in the document from the out-of-state court. (Code of Civil Procedure section 2029.300(d).) | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 18 January 2021 Digitally signed by Calvin G. Calvin G. McLean Metean Calvin G. McLean Date: 2021.01.18 13:13:05 -06'00' (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY) Note: This application must be accompanied by the fee specified in Government Code section 70626. A discovery subpoena must be personally served on the deponent in compliance with California law, including Code of Civil Procedure section 1985. Page 1 of 1 Form Adopted for Mandatory Use Code of Cwi Procedure §§ 2029. 100-900 Judicial Counct of California APPLICATION FOR DISCOVERY SUBPOENA www courtinfo.ca gov ‘SUBP-030 [New January 1, 2010] IN ACTION PENDING OUTSIDE CALIFORNIA MC-025 SHORT TITLE CASE NUMBER: | Blake Tartt, IIT v John Doe and Jane Doe ATTACHMENT (Number): 3 (This Attachment may be used with any Judicial Council form., ) Provide information for the following account: https://olemissinformation.wordpress.com/ Information Requested: Any and all records regarding the identification of the owner(s) of the OLEMISSINFORMATION. wordpress.com website, including: 1) owner information, first and last name, email address, alternate email address, phone number, and address; 2) IP address used to set up the website as well as date and time of registration; 3) log-in IP addresses and type of computer used by owner; 4) any and all methods of payment provided by the subscriber and payment records; and 5) any other websites associated with the subscriber. (If the item that this Attachment concems is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) {Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov ‘Judicial Council of California MC-025 (Rev. July 1, 2009] to Judicial Council Form L COMMISSION TO TAKE OUT OF STATE SUBPOENA TRC 201.01 & CPRC 20.0001 ] CAUSE NO. 20-CV-1975 Blake Tartt, Ill vs. John Doe, Et Al 56th District Court OF GALVESTON COUNTY, TEXAS STATE OF TEXAS, COUNTY OF GALVESTON To THE HONORABLE DISTRICT COURT OR OTHER APPROPRIATE AUTHORITY OF THE COUNTY OR PARISH OF Judicial Authority of The Superior Court of California, County of San Francisco, State of California: In the 56th District Court of Galveston County, Texas there is a pending case entitled Blake Tartt, Ill vs. John Doe, Et Al, bearing Cause No. 20-CV-1975 and it appears to this court that the just determination of the issues presented requires that the deposition of Custodian of Records for Automattic, Inc., Owner of WordPress 60 29th Street #343 San Francisco, California 94110-4929, be taken. We hereby authorize and request that you assist this court in serving the interest of justice by causing, a resident of your County/Parish and State, to be summoned to appear to be deposed by stenographic and/or video deposition, then and there to give answers under oath to the oral//written questions and produced requested documents that are addressed to said witness. The witness shall appear on this the 22nd day of April, 2021, at 10:00 A.M., at 60) 29th Street #343 San Francisco, California 94110-4929 You are further authorized and requested to cause said deposition to be reduced to writing, annexing to the writing any items marked as exhibits and or produced and to cause the written/produced deposition, with all exhibits to be returned to the requesting party at William W. Johnston, Johnston & McLean, PLLC, One Legacy West, 7950 Legacy Drive, Suite 330 Plano, Texas 75024, under cover duly sealed and addressed. Issued under my hand and seal of Court at office in Galveston, County of Galveston, Texas on this the 23rd day of March, 2021. John D. Kinard, District Clerk Zen OU, Galveston County, Texas x of \e Me, ZONCi By :Rolande Kain, Deputy Clerk Received: 2/11/2021 4:21 PM L Envelope No. 50592106 ii 21 MAR 34 CAUSE NO. 20-CV-1975 7 10: US Now ay BLAKE TARTT II] IN THE DIGHRIET COURT vee OF + TEXAS Plaintiff VS, GALVESTON COUNTY TEXAS JOHN DOE, and JANE DOE Defendants 56TH JUDICIAL DISTRICT ORDER GRANTING MOTION FOR I: F LETTERS ROGA’ Y The COURT, having considered Plaintiff Blake Tartt, II] Motion for Issuance of Letters Rogatory filed on February 22, 2021, is of the opinion that the motion should be granted. It is therefore ORDERED that the Clerk of the Court issue a letter rogatory to The Custodian of Records of Automattic, Inc., Owner of WordPress, and a letter rogatory to Facebook, Inc. in the forms attached hereto as Exhibit A and Exhibit B, respectively. SIGNED this) day of M owe 2021. LY Hon. Lonnie Cox, Judge, 56" Judicial District Court Galveston County, Texas aon eno He UN CAUSE NO. 20-CV-1975 Exuisit A BLAKE TARTT III IN THE DISTRICT COURT OF Plaintiff vs. GALVESTON COUNTY TEXAS JOHN DOE, and JANE DOE Defendants 56TH JUDICIAL DISTRICT REQUEST FOR INTERSTATE JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS This Court presents its compliments to the appropriate judicial authority of The Superior Court of California, County of San Francisco, and requests interstate judicial assistance for the Service of Process in a civil law proceeding before this Court in the above-captioned matter, as necessary in the interests of justice. This request is made under Rule 201, Texas Rule of Civil Procedure, and the Code of Civil Procedure. This is a defamation lawsuit against parties whose proper names are unknown but who are identified by various pseudonyms on social media websites. With the use of letters rogatory, Plaintiff seeks to depose the Custodians of Records of Automattic, Inc., the owner of WordPress, who can be served at 60 29" Street, #343, San Francisco, Califomia 94110-4929. The undersigned judicial authority further requests that service be carried out by mail as allowed by the California or by personal service on the identified addressee. If respondent cannot be located for personal or substitute service, the undersigned judicial authority requests that service be accomplished by publication or posting in accordance with the law of the State of destination. The documents to be served are authenticated copies of: 20-CV-1975 — Tartt vs. Doe et al; 56 Judicial District Court, Galveston County, Texas Subpoena Duces Tecum Notice of Intention to Take Deposition on Written Questions Deposition on Written Questions Date: Mot (go> Hon. Lonnie Cox, Judge, 56" Judicial District Court Galveston County, Texas 20-CV-1975 — Tartt vs. Doe et al; 56" Judicial District Court, Galveston County, Texas AUTHENTICATION As Clerk of the Court for the Superior Court of Califomia, County of San Diego, I do hereby certify that the Honorable Lonnie Cox, was at the time and date thereof, Judge of the 56" Judicial District Court of Galveston County, Texas; that the official acts and doings of said Judge are entitled to full faith and credit; and that the attestation to said Request is in due form of law. I further certify that the seal attached to said Request is the official Seal of the Court. WITNESS my hand and seal of said 56" Judicial District Court in the County of Galveston, State of Texas, on this 2nd day of Nvecda 2021. Clerk of the Galveston County Court By SAESEL dere Deseret AUTHENTICATION As Judge of the 56" Judicial District Court of Galveston County, Texas, I do hereby certify that John D. Kinard, whose signature is affixed hereto, was at the time and date thereof, Clerk of the Court for the 56" Judicial District of Galveston County, Texas; that the official acts and doings of said Clerk are entitled to full faith and credit; and that this authentication to said Request is in due form of law. m ps WITNESS my hand and seal of said Court in the County of Galveston, State of Texas, on this a dayor M Lonnie Cox, Judge, 56" J Galveston County, Texas Exnisit B CAUSE NO. 20-CV-1975 BLAKE TARTT II] IN THE DISTRICT COURT OF Plaintiff vs. GALVESTON COUNTY TEXAS JOHN DOE, and JANE DOE Defendants 56TH JUDICIAL DISTRICT REQUEST FOR INTERSTATE JUDICIAL ASSISTANCE FOR SERVICE OF PROCESS This Court presents its compliments to the appropriate judicial authority of The Superior Court of California, County of San Francisco, and requests interstate judicial assistance for the Service of Process in a civil law proceeding before this Court in the above-captioned matter, as necessary in the interests of justice. This request is made under Rule 201, Texas Rule of Civil Procedure, and the Code of Civil Procedure. This is a defamation lawsuit against parties whose proper names are unknown but who are identified by various pseudonyms on social media websites. With the use of letters rogatory, Plaintiff seeks to depose the Custodians of Records of Facebook, Inc., who can be served at 1601 Willow Road, Menlo Park, California 94025. The undersigned judicial authority further requests that service be carried out by mail as allowed by the California or by personal service on the identified addressee. If respondent cannot be located for personal or substitute service, the undersigned judicial authority requests that service be accomplished by publication or posting in accordance with the law of the State of destination. The documents to be served are authenticated copies of: 20-CV-1975 — Tartt vs. Doe et al; 56" Judicial District Court, Galveston County, Texas Subpoena Duces Tecum Notice of Intention to Take Deposition on Written Questions Deposition on Written Questions Date: Hon. Lonnie Cox, Judge, 56" Judicial District Court Galveston County, Texas 20-CV-1975 — Tartt vs. Doe et al; 56% Judicial District Court, Galveston County, Texas AUTHENTICATION As Clerk of the Court for the Superior Court of California, County of San Diego, I do hereby certify that the Honorable Lonnie Cox, was at the time and date thereof, Judge of the 56" Judicial District Court of Galveston County, Texas; that the official acts and doings of said Judge are entitled to full faith and credit; and that the attestation to said Request is in due form of law. I further certify that the seal attached to said Request is the official Seal of the Court. WITNESS my hand and seal of said 56" Judicial District Court in the County of Galveston, State of Texas, on this day of 2021. Clerk of the Galveston County Court By. » Deputy AUTHENTICATION As Judge of the 56" Judicial District Court of Galveston County, Texas, I do hereby certify that John D. Kinard, whose signature is affixed hereto, was at the time and date thereof, Clerk of the Court for the $6 Judicial District of Galveston County, Texas; that the official acts and doings of said Clerk are entitled to full faith and credit; and that this authentication to said Request is in due form of law. WITNESS my hand and seal of said Court in the County of Galveston, State of Texas, on this day of 2021. Lonnie Cox, Judge, 56" Judicial District Court, Galveston County, Texas co SL Cc ous JOHN D. KINARD District Clerk Galveston County, Texas , RQonRom OY CERTIFIED COPY |, John D. Kinard, District Clerk of Galveston County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, As it appear on this date. Witness my official hand and seal of office this 03/23/2021 Case Number 20-CV-1975 - 56th District Court Case Style: Blake Tartt, III vs. John Doe, Et Al Document contains 7 page(s) Document Title: Order Granting Motion For Issuance Of Letters Rogatory John D. Kinard, District Clerk GALVESTON COUNTY, TEXAS Prepared By Rolande Kain, Deputy Clerk In accordance with Texas Government Code 406.013, electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal, please email dcweb@co.galveston.tx.us Filed: 2/11/2021 4:21 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 50592106 By: Lisa Kelly 2/11/2021 4:35 PM CAUSE NO. 20-CV-1975 BLAKE TARTT III IN THE DISTRICT COURT OF § Plaintiff VS. § § GALVESTON COUNTY TEXAS JOHN DOE, and JANE DOE § Defendants 56TH JUDICIAL DISTRICT MOTION FOR ISSUANCE OF LETTERS ROGATORY TO THE HONORABLE COURT: Plaintiff Blake Tartt. III requests the issuance of letters rogatory directed to The Custodian of Records of Automattic, Inc., owner of WordPress, in The Superior Court of California. County of San Francisco, and The Custodian of Records of Facebook, in The Superior Court of California, County of San Mateo, requesting examination of The Custodian of Records on written questions. and in support of this motion shows: 1 This is an action for defamation. 22 The witnesses are residents of the State of California and are the custodians of the records of Facebook and WordPress (owned by Automattic, Inc.). These social media outlets are alleged to have been used to disseminate false information regarding Plaintiff, to Plaintiff's detriment. 3 Plaintiff has good cause to believe that the witnesses have knowledge of and are competent to testify on these matters: a As to Automattic, Inc. (WordPress) information for the following account: https://olemissinformation.wordpres: om/ 2) Information Requested: Any and all records regarding the identification of the owner(s) of the OLEMISSINFORMATION.wordpress.com website, including 1) owner information, first and last name, email address, alternate email address, phone number, and address; 2) IP address used to set up the website as well as date and time of registration; 3) log-in IP addresses and type of computer used by owner; 4) any and all methods of payment provided by the subscriber and payment records; and 5) any other websites associated with the subscriber. b As to Facebook, Inc.: 1) information for the following account: http://www. facebook.com/profile.php?id=100055485004739 Username: Winston Smith 2) Information Requested: Any and all records regarding the identification of the owner(s) of the WINSTON SMITH account with ID number 1100055485004739, including (1) owner information, first and last name, email address. alternate email address, phone number, and addre 2) IP address used to setup the account: (3) Last 5 IP addresses used to log into the account and type of computer used; (4) any and all methods of payment used by the account owner. The written questions attached as Exhibit A (for Automattic) and Exhibit B (for Facebook). 4 WHEREFORE, Plaintiff Blake Tart, II requests that the Court order the Clerk of the Court to issue The Custodian of Records of Automattic, Inc., Owner of WordPress, and Facebook. Inc., the letters rogatory that are filed contemporancously with this motion. Respectfully Submitted, Johnston & McLean. PLLC 7950 Legacy Drive, Suite 330 Plano, Texas 75024 (972) 436-1661 (972) 436-1615 — Facsimile Digitally signed by William W. William W. Johnston Date: 2021.02.11 By. Johnston 16:12:31 -06'00" William W. Johnston State Bar No. 10846700 billjohnstonlawoffice@gmail.com Attorney for Plaintiff Digitally signed byCalvin G. Calvin G. McLean metean Date: 2021.02.11 16:12:46 -06'00' ys Calvin G. McLean State Bar No. 24091885 goc.garfieldlaw@gmail.com Attorney for Plaintiff CERTIFICATE OF SERVICE Thereby certify that the foregoing MOTION FOR ISSUANCE OF LETTERS ROGATORY was served on Defendants as shown below: via electronic filing service on this 11" day of February 2021. Digitally signed by Calvin G Calvin G. McLean Date: 2021.02.11 16:13:09 McLean 06°00" Calvin G. McLean ExHiBiT A CAUSE NO. 20-CV-1975 BLAKE TARTT III § IN THE DISTRICT COURT OF § Plaintiff § VS GALVESTON COUNTY TEXAS JOHN DOE, and JANE DOE § Defendants 56TH JUDICIAL DISTRICT DEPOSITION ON WRITTEN QUESTIONS, THE CUSTODIAN OF RECORDS FOR WORDPRESS A. INSTRUCTION Records may be provided as electronic media containing records in PDF, JPEG, or TIF format or “hard” copies. Video records may be provided in MP3 or MP4. B. DEFINITION Requested Records shall mean the items listed in section C of this document. C. RECORDS REQUESTED Provide information for the following account: https://olemissinformation.wordpress.com/ Information Requested: Any and all records regarding the identification of the owner(s) of the OLEMISSINFORMATION. wordpress.com website, including 1) owner information, first and last name, email address, alternate email address, phone number, and address; 2) IP address used to set up the website as well as date and time of registration: 3) log-in IP addresses and type of computer used by owner: 4) any and all methods of payment provided by the subscriber and payment records; and 5) any other websites associated with the subscriber. DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS OF WordPress 1 Please state your full name. occupation, official title, and business address. Answer: 2 Are you the custodian of records for Automattic, Inc.°s WordPress platform (hereinafter “WordPress”)? Answer: 3 In your capacity as custodian of records for WordPress, are you familiar with whether WordPress maintains records of their business activities? Answer: 4 Are the records of WordPress kept under your care, supervision, custody, or control? Answer: 5 Was it in the regular course of business activity of WordPress for employees with personal knowledge of the transactions identified in the records to make such records or to transmit such information to be included in the records? Answer: 6 Were the REQUESTED RECORDS made at or near the time of the transactions identified in the records or within a reasonable time thereafter? Answer: Were the REQUESTED RECORDS made and kept in the regular course of daily business activities by WordPress? Answer: 8 Were the REQUESTED RECORDS transmitted to your files, and did you maintain the records as part of your official duties as the custodian of records for WordPress? Answer: 9 Please hand the originals or exact duplicates of the REQUESTED RECORDS to the notary public taking your deposition for photocopying and attachment to this deposition. Have you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If not, identify for the notary public the records and documents you did not produce and explain why you did not produce them. Answer: 10. In the event you are unable to find any of the records requested in the subpoena you received, how long docs WordPress maintain its files, and does WordPress ever destroy its files? Answer: Te Are you aware of any other companies or persons that may have pos sion of records pertaining to the subject matter of this lawsuit? If so, ple: tate the name and address of such entity or person, if known. Answer: 12. Have you been requested or directed by any person to withhold or protect, for any reason, the records identified in Plaintiffs subpocna’? Has any person suggested that you should withhold or protect the records identified in Plaintiff's subpoena? Ifso, ple: state the name and address of the person who conveyed this information to you and when such event occurred. Answer: 13, Do you know or have reason to believe that the records identified in Plaintiff's subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please identify the records and explain why and how they were altered or removed. Answer: 14. Tf any document responsive to Plaintiff's subpoena was, but is no longer in your possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain the circumstances surrounding its disposition, including the date of such disposition. Answer: CUSTODIAN OF RECORDS FOR Automattic, Inc. VERIFICATION STATE OF CALIFORNIA 8 COUNTY OF SAN FRANCISCO § BEFORE ME, the undersigned notary public, on this day personally appeared . the Custodian of Automattic, Inc. whose identity is known to me, After I administered an oath, the custodian testifiedto the foregoinganswers. 1 hereby certify that these answers were sworm to and subscribed before me by on the day of 2021. Notary Public, State of California County of San Francisco My commission expires: EXHiBiT B CAUSE NO. 20-CV-1975 BLAKE TARTT III IN THE DISTRICT COURT OF § Plaintiff § VS. 8 § GALVESTON COUNTY TEXAS JOHN DOE, and JANE DOE s Defendants 56TH JUDICIAL DISTRICT DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS FOR FACEBOOK INC. A INSTRUCTION Records may be provided as electronic media containing records in PDF, JPEG, or TIF format or “hard” copies. Video records may be provided in MP3 or MP4. B. DEFINITION Requested Records shall mean the ite