Preview
At I.A.S. part 16 of the Supreme Court of
the State of New York, held in and for the
County of New York, on the _ day of
, 2024
PRESENT: Shahabuddeen A. Ally, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of DEEPFRAUD Index No.: 150603/2024
TECHNOLOGIES INC. D/B/A EVOLUTIONIQ,
Petitioner, STIPULATED ORDER
REGARDING PRE-
For an Order pursuant to Section 3102(c) of the Civil Practice ACTION DISCOVERY
Law and Rules to compel disclosure pre-action from: FROM GOOGLE LLC
AMAZON WEB SERVICES, INC., GOOGLE LLC, and MS #1 - DISCOVERY -
MICROSOFT CORP., PRE-ACTION
Respondents,
of the identity of the JOHN DOE being unknown to the
Petitioner, in an action to be commenced.
WHEREAS, Respondent Google LLC (Google) provides a service called Workspace
through which Google provides custom e-mail services and other products to businesses;
WHEREAS, Petitioner Deepfraud Technologies Inc. d /a EvolutionIQ (Petitioner)
requests an order pursuant to CPLR § 3102(c) compelling Google to produce non-content
identifying information associated with the Workspace account vincent.belanger@ssq.insure
(Workspace Account) that was allegedly used from August 18, 2023 to present to engage in
unfair competition, fraud, and fraudulent inducement against Petitioner, see, e.g., Verified
Petition, ¶¶ 11-18, 40, 47;
WHEREAS, the non-content identifying information Petitioner seeks is limited to the
name, phone number, email addresses, internet protocol (IP) address(es) assigned to the
computer or network connection used by the person or persons who established the Workspace
Account at the time the Workspace Account was established, and reasonably available login IP
addresses assigned to the computer or network connection used by the person or persons who
have accessed the Workspace Account, to the extent retained by Google (Non-content Basic
Subscriber Information);
WHEREAS, Google has agreed to preserve Non-content Basic Subscriber Information
associated with the Workspace Account responsive to the petition resolution of this pre-
pending
action discovery matter with respect to Google;
WHEREAS, under CPLR § 3102(c), pre-action disclosure is appropriate upon a
determination by the Court that Petitioner has made the requisite showing of the existence of a
meritorious cause of action and the necessity of the information sought;
AND WHEREAS, subject to consideration of any objections filed in this Court by the
user(s) of the Workspace Account as further described in paragraphs 2-3 below, the Court
HEREBY FINDS that Petitioner has made the requisite showing pursuant to CPLR § 3102(c)
concerning the existence of a meritorious cause of action and the necessity of the Non-content
Basic Subscriber Information, issues upon which Google takes no position;
NOW, THEREFORE, it is hereby ORDERED that:
1. Within five (5) business days of receipt by Google's counsel of this signed Order, Google
shall attempt to email a copy of this Order and the Verified Petition (Pleadings) to the user(s) of
the Workspace Account.
- 2 -
2. THE FOLLOWING NOTICE IS HEREBY GIVEN BY THE COURT TO THE
USER(S) OF THE ACCOUNT: YOU ARE HEREBY INFORMED BY THE COURT THAT IT
WILL CONSDER YOUR OBJECTIONS TO THE CONTEMPLATED PRODUCTION OF
THE NON-CONTENT BASIC SUBSCRIBER INFORMATION, PROVIDED THAT SUCH
OBJECTIONS ARE FILED IN THIS COURT WITHIN FOURTEEN (14) DAYS FROM THE
DATE OF SERVICE OF THE PLEADINGS PURSUANT TO PARAGRAPH 1 ABOVE.
YOUR FAILURE TO FILE SUCH OBJECTIONS IN THIS COURT WITHIN THIS TIME
PERIOD MAY RESULT IN THE COURT REFUSING TO HEAR SUCH OBJECTIONS. IN
ORDER TO ASSERT YOUR OBJECTIONS, YOU MUST FILE WRITTEN PAPERS WITH
THE COURT IN OPPOSITION TO PETITIONER'S REQUEST FOR NON-CONTENT
BASIC SUBSCRIBER INFORMATION AND SERVE A COPY OF ANY SUCH PAPERS ON
PETITIONER'S COUNSEL AND GOOGLE'S COUNSEL WITHIN FOURTEEN (14) DAYS
FROM THE DATE OF SERVICE DESCRIBED IN PARAGRAPH 1 ABOVE.
3. In the event that the user(s) of the Workspace Account files and serves papers in
opposition to Petitioner's request for pre-action disclosure within the time period described in
paragraph 2 above, Google shall not produce any Non-content Basic Subscriber Information
pending a further order of the Court.
4. In the event that the user(s) of the Workspace Account fails to file and serve papers in
opposition to Petitioner's request for pre-action disclosure within the time period described in
paragraph 2 above, Google shall produce the Non-content Basic Subscriber Information to
Petitioner's counsel within five (5) business days of the expiration of the time period described
in paragraph 2 above.
- 3 -
5. In the event that Google produces the Non-content Basic Subscriber Information in this
matter, Petitioner shall file the Stipulated Order of Discontinuance as to Google LLC attached
hereto as Exhibit A within fourteen (14) days of receiving the Non-content Basic Subscriber
Information or show cause as to why Petitioner has failed to do so. If Petitioner fails to file the
Stipulated Order of Discontinuance as to Google LLC or show cause as to why it has failed to do
so within the requisite time, Google is authorized to file the Stipulated Order of Discontinuance
as to Google LLC on behalf of itself and Petitioner.
6. This Order is entered without prejudice to Google's right to object to jurisdiction in New
York in any other future or pending matters.
IT IS SO STIPULATED.
DATED: , 2024 GOLENBOCK EISEMAN ASSOR BELL &
PESKOE LP
By:
S. Preston Ricardo
711 Third Avenue
New York, NY 10017
212-907-7341
pricardo@golenbock.com
Attorneys for Petitioner
DATED: March 11, 2022024 PERKINS COIE LLP
DocuSignedby:
By: la
.2
Jeffre '°âUS1
1155 Avenue of the Americas, 22nd Floor
New York, NY 10036
212-262-6912
JVanacore@perkinscoie.com
Attorneys for Respondent Google LLC
IT IS SO ORDERED this _ day of , 2024.
Hon. Shahabuddeen A. Ally, J.S.C.
- 4 -
EXHIBIT A
At I.A.S. part 16 of the Supreme Court of
the State of New York, held in and for the
County of New York, on the _ day of
, 2024
PRESENT: Shahabuddeen A. Ally, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of DEEPFRAUD . Index No.: 150603/2024
TECHNOLOGIES INC. D/B/A EVOLUTIONIQ,
Petitioner, STIPULATED ORDER OF
DISCONTINUANCE AS TO
For an Order pursuant to Section 3102(c) of the Civil Practice GOOGLE LLC
Law and Rules to compel disclosure pre-action from:
MS #1 - DISCOVERY -
AMAZON WEB SERVICES, INC., GOOGLE LLC, and PRE-ACTION
MICROSOFT CORP.,
Respondents,
of the identity of the JOHN DOE being unknown to the
Petitioner, in an action to be commenced.
IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Deepfraud
Technologies Inc. d/b/a EvolutionIQ (Petitioner) and Respondent Google LLC (Google), acting
by their undersigned attorneys, that whereas neither Petitioner nor Google are infants nor
incompetent persons for whom a committee has been appointed, and no person not a party has an
interest in the subject matter of the action with respect to Google, that the above-entitled action
be, and the same is hereby discontinued solely with respect to Google, without costs or
attorneys'
fees to either Petitioner or Google.
IT IS ALSO HEREBY STIPULATED AND AGREED that this stipulation may be
executed in any number of counterparts and transmitted by facsimile, digitally or by similar means,
and the reproduction of signatures by facsimile or digitally, or by similar means, shall be treated
as binding as if originals.
IT IS THEREFORE ORDERED that, pursuant to CPLR § 3217, this proceeding is
discontinued solely with respect to Google.
IT IS SO STIPULATED.
DATED: , 2024 GOLENBOCK EISEMAN ASSOR BELL &
PESKOE LP
By:
S. Preston Ricardo
711 Third Avenue
New York, NY 10017
212-907-7341
pricardo@golenbock.com
Attorneys for Petitioner
DATED: , 2024 PERKINS COIE LLP
By:
Jeffrey D. Vanacore
1155 Avenue of the Americas, 22nd Floor
New York, NY 10036
212-262-6912
JVanacore@perkinscoie.com
Attorneys for Respondent Google LLC
IT IS SO ORDERED this _ day of , 2024.
Hon. Shahabuddeen A. Ally, J.S.C.
Preview
At I.A.S. part 16 of the Supreme Court of the State of New York, held in and for the County of New York, on the _ day of , 2024 PRESENT: Shahabuddeen A. Ally, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of DEEPFRAUD Index No.: 150603/2024 TECHNOLOGIES INC. D/B/A EVOLUTIONIQ, Petitioner, STIPULATED ORDER REGARDING PRE- For an Order pursuant to Section 3102(c) of the Civil Practice ACTION DISCOVERY Law and Rules to compel disclosure pre-action from: FROM GOOGLE LLC AMAZON WEB SERVICES, INC., GOOGLE LLC, and MS #1 - DISCOVERY - MICROSOFT CORP., PRE-ACTION Respondents, of the identity of the JOHN DOE being unknown to the Petitioner, in an action to be commenced. WHEREAS, Respondent Google LLC (Google) provides a service called Workspace through which Google provides custom e-mail services and other products to businesses; WHEREAS, Petitioner Deepfraud Technologies Inc. d /a EvolutionIQ (Petitioner) requests an order pursuant to CPLR § 3102(c) compelling Google to produce non-content identifying information associated with the Workspace account vincent.belanger@ssq.insure (Workspace Account) that was allegedly used from August 18, 2023 to present to engage in unfair competition, fraud, and fraudulent inducement against Petitioner, see, e.g., Verified Petition, ¶¶ 11-18, 40, 47; WHEREAS, the non-content identifying information Petitioner seeks is limited to the name, phone number, email addresses, internet protocol (IP) address(es) assigned to the computer or network connection used by the person or persons who established the Workspace Account at the time the Workspace Account was established, and reasonably available login IP addresses assigned to the computer or network connection used by the person or persons who have accessed the Workspace Account, to the extent retained by Google (Non-content Basic Subscriber Information); WHEREAS, Google has agreed to preserve Non-content Basic Subscriber Information associated with the Workspace Account responsive to the petition resolution of this pre- pending action discovery matter with respect to Google; WHEREAS, under CPLR § 3102(c), pre-action disclosure is appropriate upon a determination by the Court that Petitioner has made the requisite showing of the existence of a meritorious cause of action and the necessity of the information sought; AND WHEREAS, subject to consideration of any objections filed in this Court by the user(s) of the Workspace Account as further described in paragraphs 2-3 below, the Court HEREBY FINDS that Petitioner has made the requisite showing pursuant to CPLR § 3102(c) concerning the existence of a meritorious cause of action and the necessity of the Non-content Basic Subscriber Information, issues upon which Google takes no position; NOW, THEREFORE, it is hereby ORDERED that: 1. Within five (5) business days of receipt by Google's counsel of this signed Order, Google shall attempt to email a copy of this Order and the Verified Petition (Pleadings) to the user(s) of the Workspace Account. - 2 - 2. THE FOLLOWING NOTICE IS HEREBY GIVEN BY THE COURT TO THE USER(S) OF THE ACCOUNT: YOU ARE HEREBY INFORMED BY THE COURT THAT IT WILL CONSDER YOUR OBJECTIONS TO THE CONTEMPLATED PRODUCTION OF THE NON-CONTENT BASIC SUBSCRIBER INFORMATION, PROVIDED THAT SUCH OBJECTIONS ARE FILED IN THIS COURT WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE OF THE PLEADINGS PURSUANT TO PARAGRAPH 1 ABOVE. YOUR FAILURE TO FILE SUCH OBJECTIONS IN THIS COURT WITHIN THIS TIME PERIOD MAY RESULT IN THE COURT REFUSING TO HEAR SUCH OBJECTIONS. IN ORDER TO ASSERT YOUR OBJECTIONS, YOU MUST FILE WRITTEN PAPERS WITH THE COURT IN OPPOSITION TO PETITIONER'S REQUEST FOR NON-CONTENT BASIC SUBSCRIBER INFORMATION AND SERVE A COPY OF ANY SUCH PAPERS ON PETITIONER'S COUNSEL AND GOOGLE'S COUNSEL WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE DESCRIBED IN PARAGRAPH 1 ABOVE. 3. In the event that the user(s) of the Workspace Account files and serves papers in opposition to Petitioner's request for pre-action disclosure within the time period described in paragraph 2 above, Google shall not produce any Non-content Basic Subscriber Information pending a further order of the Court. 4. In the event that the user(s) of the Workspace Account fails to file and serve papers in opposition to Petitioner's request for pre-action disclosure within the time period described in paragraph 2 above, Google shall produce the Non-content Basic Subscriber Information to Petitioner's counsel within five (5) business days of the expiration of the time period described in paragraph 2 above. - 3 - 5. In the event that Google produces the Non-content Basic Subscriber Information in this matter, Petitioner shall file the Stipulated Order of Discontinuance as to Google LLC attached hereto as Exhibit A within fourteen (14) days of receiving the Non-content Basic Subscriber Information or show cause as to why Petitioner has failed to do so. If Petitioner fails to file the Stipulated Order of Discontinuance as to Google LLC or show cause as to why it has failed to do so within the requisite time, Google is authorized to file the Stipulated Order of Discontinuance as to Google LLC on behalf of itself and Petitioner. 6. This Order is entered without prejudice to Google's right to object to jurisdiction in New York in any other future or pending matters. IT IS SO STIPULATED. DATED: , 2024 GOLENBOCK EISEMAN ASSOR BELL & PESKOE LP By: S. Preston Ricardo 711 Third Avenue New York, NY 10017 212-907-7341 pricardo@golenbock.com Attorneys for Petitioner DATED: March 11, 2022024 PERKINS COIE LLP DocuSignedby: By: la .2 Jeffre '°âUS1 1155 Avenue of the Americas, 22nd Floor New York, NY 10036 212-262-6912 JVanacore@perkinscoie.com Attorneys for Respondent Google LLC IT IS SO ORDERED this _ day of , 2024. Hon. Shahabuddeen A. Ally, J.S.C. - 4 - EXHIBIT A At I.A.S. part 16 of the Supreme Court of the State of New York, held in and for the County of New York, on the _ day of , 2024 PRESENT: Shahabuddeen A. Ally, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of DEEPFRAUD . Index No.: 150603/2024 TECHNOLOGIES INC. D/B/A EVOLUTIONIQ, Petitioner, STIPULATED ORDER OF DISCONTINUANCE AS TO For an Order pursuant to Section 3102(c) of the Civil Practice GOOGLE LLC Law and Rules to compel disclosure pre-action from: MS #1 - DISCOVERY - AMAZON WEB SERVICES, INC., GOOGLE LLC, and PRE-ACTION MICROSOFT CORP., Respondents, of the identity of the JOHN DOE being unknown to the Petitioner, in an action to be commenced. IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Deepfraud Technologies Inc. d/b/a EvolutionIQ (Petitioner) and Respondent Google LLC (Google), acting by their undersigned attorneys, that whereas neither Petitioner nor Google are infants nor incompetent persons for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action with respect to Google, that the above-entitled action be, and the same is hereby discontinued solely with respect to Google, without costs or attorneys' fees to either Petitioner or Google. IT IS ALSO HEREBY STIPULATED AND AGREED that this stipulation may be executed in any number of counterparts and transmitted by facsimile, digitally or by similar means, and the reproduction of signatures by facsimile or digitally, or by similar means, shall be treated as binding as if originals. IT IS THEREFORE ORDERED that, pursuant to CPLR § 3217, this proceeding is discontinued solely with respect to Google. IT IS SO STIPULATED. DATED: , 2024 GOLENBOCK EISEMAN ASSOR BELL & PESKOE LP By: S. Preston Ricardo 711 Third Avenue New York, NY 10017 212-907-7341 pricardo@golenbock.com Attorneys for Petitioner DATED: , 2024 PERKINS COIE LLP By: Jeffrey D. Vanacore 1155 Avenue of the Americas, 22nd Floor New York, NY 10036 212-262-6912 JVanacore@perkinscoie.com Attorneys for Respondent Google LLC IT IS SO ORDERED this _ day of , 2024. Hon. Shahabuddeen A. Ally, J.S.C.