Preview
FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024
SUBP-035
ORPARTYWITHÒUT
ATTORNEY ATTORNEŽ
(Name,StateBarnumber,andadtiress):
Bryan J. Freedman, Esq. (CA Bar No. )
Freedman & Taitelman, LLP
1801 Century Park West, 5th Floor
Los Angeles, CA 90067
TELEPHONE NO.:310-201-0005 FAXNO.: 310-201-0045
E-MAILADDRESS:bfreedman ftlip.COm
ARORNEYFOR(NamerPlaintiff
Court for county in which discovery is to be conducted: SUPERIOR COURT. SAN MATEO
SUPERIOR COURY OF CALIFORNIA, COUNTY OF SAN MATEO
sTREETADDREsS:800 North Humboldt Street
MAlUNGADDRESS:800North Humboldt Street
ClW. STATE,ANDZIPCODESan Mateo. CA 94401
BRANCH
NAME:Central
Court in which action is pending: Supreme Court of the State of New York
Name of Court: Kings County
STREET ADDRESS:360Adams Street
MAlUNGADDREsS:360 Adams Street
clTY,STATE.ANDZIPCODE:Brooklyn. NY 11201
cOUNTRY:United States
PLAINTIFF/PETITIONER: Garth Wakeford CAUFORNIA (if anyassignedby court):
cASENUMBER
DEFENDANT/RESPONDENT: xxxxxxx xxxxxxx
CASENUMBER
(ofacdonpndhg outnh CaMmnlar
SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
IN ACTION PENDING OUTSIDE CALIFORNIA 532669/2022
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, If known):
META PLATFORMS, INC. d/b/a Instagram, 1 Hacker Way HQ, Menlo Park, CA 94025
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer): Custodian of Records, Meta Platforms, Inc. d/b/a instagram
On (date): December 20, 2022 At (time): 10:00 a.m.
Location (address): Kaplan Levenson P.C., 930 Sylvan Avenue, Suite 100, Englewood Cliffs, NJ 07632
.. .
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. × by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inne
wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner
wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the
address in item 1.
b. by delivering a true, legible, and durable copy of the business records described In item 3 to the deposition officer at
the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as
determined under Evidence Code section 1563(b).
c. by making the original business records described in item 3 available for inspection at your business address by the
attomey's representative and permitting copying at your business address under reasonable conditions during normal
business hours.
2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the
deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them
available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records must
be accompanied by an allidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561.
3. The records to be produced are described as follows (if electronically stored infonnation is demanded, the form or forms in which
each type of infonnation Is to be produced may be spectiled):
See Attachment 3
× Continued on Attachmerit3 (use form MC-025).
4. Attomeys of record in this action or parties without attorneys are (name, address, telephone number, and name of party
represented): Steven M. Kaplan, Elise M. Stubbe, Esq.; Kaplan Levenson P.C., 930 Sylvan Avenue, Suite 100, Englewood Cliffs,
NJ 07632; Tel: 201-646-9400; Attorneys for Plaintiff Garth Wakeford
Continued on Attachment 4 (use form MC-025).
Page1of 1
FormAdaptedfor Mandatory
Use CodeofCNA g§
SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
Su IN ACTION PENDING OUTSIDE CALIFORNIA Gomnmentcod § 68097
anuay o©m hww.courts.ca.gm
FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024
SUBP-·035
PLAINTIFF/PETITIONER: ( CASENUMBER
(ofaction outsideCalifomia):
DEFENDANT/RESPONDENT: C
5. If you have been served with this aubpoena as a custodian of consumer or employee records under Code of Civil
Procedure section 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.
6. Other terms or provisions from out-of-state subpoena, if any (specify):
Continued on Attachment 6 (use form MC-025).
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued:
Bryan J. Freedman, Esq.
(TYPEORPRINTNAME) N sONISSUlNGSUBPOENA)
Attome s for laintiff
(TITLE)
PROOF OF SERVICE OF SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. I served this Subpoena for Production of Business Records In Action Pending Outside California by personally delivering a
copy to the person served as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery: d. Time of delivery:
e. Witness fees and mileage both ways (check one):
(1) were paid. Amount . . . .. . .. . .. . .$
(2) were not paid.
(3) were tendered to the witness's public entity employer as required by Govemment Code section 68097.2. The
amount tendered was (specify): $
f. Fee for service: .. . . .. . . .. . . . .. . . .. . . . . . .$
2. I received this subpoena for service on (date):
3. I 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:
a. Not a registered Califomia process server
b. ¡ Califomia sheriff or marshal
c. ¡ Registered California process server
d.
e.
¡ Employee or Independent
from registration
contractor
under Business
of a registered
and Professions
California process
Code section
server
Exempt 22350(b)
f. Registered professional photocopier
g. Exempt from registration under Business and Professions Code section 22451
b. Name, address, telephone number, and, if applicable, county of registration and number:
I declare under penalty of perjury under the faws of the State of (For California sheriff or marshal use only)
Califomia that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
(SIGNATURE) (SIGNATURE)
SuBeas ev..ianuary1,2o¹²11 SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Page2 of 2
IN ACTION PENDING OUTSIDE CALIFORNIA
Fo-r your profoction and girivacy, pioase press the Clear
This Form button after yo_ have printed the fonn. Print this form Save this form disar;this.fd
||
FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024
MC-025
CASEWMBER:
SHORT TITLE:
-
Wakeford v. xxxxxxx 532669/2022
ATTACHMENT (Number): I
(This Attachment may be used with any Judicial Council form.)
All files, documents and information sufficient to identify the source, owner, author, authorized users and
posters of content on the following Instagram accounts:
1. @thewizardauthoritye
2. @exposingarapisteh (https://www.instagram.com/exposingarapisteh/?igshid=NDk5N2N1ZjQ%3D)
3. @truthforwomeneh (https://www.instagram.com/truthforwomeneh/7igshid=NDk5N2NIZjQ%3D)
4. @youneedtoknow true
5. @gwfitness16
6. @ehyogipilates
7. @integritymatters21
8. @safaritime631
9. @Stoicman__
10. @voicesforwomen11937
I1. @hamptonhomestic (https://www.instagram.com/truthforwomeneh/?igshid=NDk5N2NIZjQ%3D)
12. @fallongriffon (https://instagram.com/fallongriffon?igshid=NDk5N2N1ZjQ=)
)
The requested infonnation should include, without limitation, all email addresses, IP addresses, geotags and
other identifying information associated with the aforementioned accounts.
(if the item that this Attachment concems is made under penelly of pe®ury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
Fo df r al so ATTACHMENT ""*°°" "h°ª8"
uc42s tr.v.au1y1,2009] to Judicial Council Form
FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__..______________________________________________.________________Ç
GARTH WAKEFORD,
Index No. 532669/2022
Plaintiff,
-against-
xxxxxxx xxxxxxx, SUBPOENA DUCES TECUM
JOHN DOE 1-5,
JANE DOE 1-5, and
XYZ CORP.,
Defendants.
______________________________________________..___________________Ç
TO: META PLATFORMS, INC.
d /a Instagram
1 Hacker Way HQ
Menlo Park, CA 94025
YOU ARE HEREBY COMMANDED AND REQUIRED pursuant to Article 31 of the
Civil Practice Law and Rules, the attached Subpoena for Production of Business Records in
Action Pending Outside of California (Subp-035) issued by the State of California in the
Superior Court of California, San Mateo County to produce business records as set forth herein
at the offices of Kaplan Levenson P.C., 930 Sylvan Avenue, Suite 100, Englewood Cliffs, NJ
07632 on December 20, 2022 at 10:00 A.M., and at any recessed or adjourned date to give
testimony in this action on the part of the Plaintiff;
And that you bring with you, and produce at the time and place aforesaid, the documents
specified on the document entitled Exhibit A attached hereto.
Failure to comply with this subpoena is punishable as a contempt of Court and shall make
you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed
fifty dollars and all damages sustained by reason of your failure to comply.
{00157930.1 / 1538-001 }
FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024
Dated: November 15, 2022
KAPLAN LEVENSON PC
Attorneys for Plaintijjr
930 Sylvan Avenue
Suite 130
Englewood Cliffs, NJ 07632
201-646-9400
By:
Steven M. Kaplan
{00157930.1 / 1538-001 }
FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024
EXHIBIT A
All files, documents and information sufficient to identify the source, owner, author, authorized
users and posters of content on the following Instagram accounts:
1. @thewizardauthoritye
2. @exposingarapisteh (https://www.instagram.com/exposingarapisteh/?igshid=NDk5N2NIZjQ%3D)
3. @truthforwomeneh ((https://www.instagram.com/truthforwomeneh/?igshid=NDk5N2NIZjQ%3D))
4. @youneedtoknow_true
5. @gwfitness16
6. @ehyogipilates
7. @integritymatters21
8. @safaritime631
9. @Stoicman__
10. @voicesforwomen11937
11. @hamptonhomestic
12. @fallongriffon (https://instagram.com/fallongriffon?igshid=NDk5N2N1ZjQ=)
The requested information should include, without limitation, all email addresses, IP addresses,
geotags and other identifying information associated with the aforementioned accounts.
{00157930.1 / 1538-001 }
Preview
FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024 SUBP-035 ORPARTYWITHÒUT ATTORNEY ATTORNEŽ (Name,StateBarnumber,andadtiress): Bryan J. Freedman, Esq. (CA Bar No. ) Freedman & Taitelman, LLP 1801 Century Park West, 5th Floor Los Angeles, CA 90067 TELEPHONE NO.:310-201-0005 FAXNO.: 310-201-0045 E-MAILADDRESS:bfreedman ftlip.COm ARORNEYFOR(NamerPlaintiff Court for county in which discovery is to be conducted: SUPERIOR COURT. SAN MATEO SUPERIOR COURY OF CALIFORNIA, COUNTY OF SAN MATEO sTREETADDREsS:800 North Humboldt Street MAlUNGADDRESS:800North Humboldt Street ClW. STATE,ANDZIPCODESan Mateo. CA 94401 BRANCH NAME:Central Court in which action is pending: Supreme Court of the State of New York Name of Court: Kings County STREET ADDRESS:360Adams Street MAlUNGADDREsS:360 Adams Street clTY,STATE.ANDZIPCODE:Brooklyn. NY 11201 cOUNTRY:United States PLAINTIFF/PETITIONER: Garth Wakeford CAUFORNIA (if anyassignedby court): cASENUMBER DEFENDANT/RESPONDENT: xxxxxxx xxxxxxx CASENUMBER (ofacdonpndhg outnh CaMmnlar SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS IN ACTION PENDING OUTSIDE CALIFORNIA 532669/2022 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, If known): META PLATFORMS, INC. d/b/a Instagram, 1 Hacker Way HQ, Menlo Park, CA 94025 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer): Custodian of Records, Meta Platforms, Inc. d/b/a instagram On (date): December 20, 2022 At (time): 10:00 a.m. Location (address): Kaplan Levenson P.C., 930 Sylvan Avenue, Suite 100, Englewood Cliffs, NJ 07632 .. . Do not release the requested records to the deposition officer prior to the date and time stated above. a. × by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inne wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. by delivering a true, legible, and durable copy of the business records described In item 3 to the deposition officer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). c. by making the original business records described in item 3 available for inspection at your business address by the attomey's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records must be accompanied by an allidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561. 3. The records to be produced are described as follows (if electronically stored infonnation is demanded, the form or forms in which each type of infonnation Is to be produced may be spectiled): See Attachment 3 × Continued on Attachmerit3 (use form MC-025). 4. Attomeys of record in this action or parties without attorneys are (name, address, telephone number, and name of party represented): Steven M. Kaplan, Elise M. Stubbe, Esq.; Kaplan Levenson P.C., 930 Sylvan Avenue, Suite 100, Englewood Cliffs, NJ 07632; Tel: 201-646-9400; Attorneys for Plaintiff Garth Wakeford Continued on Attachment 4 (use form MC-025). Page1of 1 FormAdaptedfor Mandatory Use CodeofCNA g§ SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Su IN ACTION PENDING OUTSIDE CALIFORNIA Gomnmentcod § 68097 anuay o©m hww.courts.ca.gm FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024 SUBP-·035 PLAINTIFF/PETITIONER: ( CASENUMBER (ofaction outsideCalifomia): DEFENDANT/RESPONDENT: C 5. If you have been served with this aubpoena as a custodian of consumer or employee records under Code of Civil Procedure section 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. 6. Other terms or provisions from out-of-state subpoena, if any (specify): Continued on Attachment 6 (use form MC-025). DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: Bryan J. Freedman, Esq. (TYPEORPRINTNAME) N sONISSUlNGSUBPOENA) Attome s for laintiff (TITLE) PROOF OF SERVICE OF SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. I served this Subpoena for Production of Business Records In Action Pending Outside California by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): (1) were paid. Amount . . . .. . .. . .. . .$ (2) were not paid. (3) were tendered to the witness's public entity employer as required by Govemment Code section 68097.2. The amount tendered was (specify): $ f. Fee for service: .. . . .. . . .. . . . .. . . .. . . . . . .$ 2. I received this subpoena for service on (date): 3. I 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: a. Not a registered Califomia process server b. ¡ Califomia sheriff or marshal c. ¡ Registered California process server d. e. ¡ Employee or Independent from registration contractor under Business of a registered and Professions California process Code section server Exempt 22350(b) f. Registered professional photocopier g. Exempt from registration under Business and Professions Code section 22451 b. Name, address, telephone number, and, if applicable, county of registration and number: I declare under penalty of perjury under the faws of the State of (For California sheriff or marshal use only) Califomia that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) SuBeas ev..ianuary1,2o¹²11 SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Page2 of 2 IN ACTION PENDING OUTSIDE CALIFORNIA Fo-r your profoction and girivacy, pioase press the Clear This Form button after yo_ have printed the fonn. Print this form Save this form disar;this.fd || FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024 MC-025 CASEWMBER: SHORT TITLE: - Wakeford v. xxxxxxx 532669/2022 ATTACHMENT (Number): I (This Attachment may be used with any Judicial Council form.) All files, documents and information sufficient to identify the source, owner, author, authorized users and posters of content on the following Instagram accounts: 1. @thewizardauthoritye 2. @exposingarapisteh (https://www.instagram.com/exposingarapisteh/?igshid=NDk5N2N1ZjQ%3D) 3. @truthforwomeneh (https://www.instagram.com/truthforwomeneh/7igshid=NDk5N2NIZjQ%3D) 4. @youneedtoknow true 5. @gwfitness16 6. @ehyogipilates 7. @integritymatters21 8. @safaritime631 9. @Stoicman__ 10. @voicesforwomen11937 I1. @hamptonhomestic (https://www.instagram.com/truthforwomeneh/?igshid=NDk5N2NIZjQ%3D) 12. @fallongriffon (https://instagram.com/fallongriffon?igshid=NDk5N2N1ZjQ=) ) The requested infonnation should include, without limitation, all email addresses, IP addresses, geotags and other identifying information associated with the aforementioned accounts. (if the item that this Attachment concems is made under penelly of pe®ury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) Fo df r al so ATTACHMENT ""*°°" "h°ª8" uc42s tr.v.au1y1,2009] to Judicial Council Form FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __..______________________________________________.________________Ç GARTH WAKEFORD, Index No. 532669/2022 Plaintiff, -against- xxxxxxx xxxxxxx, SUBPOENA DUCES TECUM JOHN DOE 1-5, JANE DOE 1-5, and XYZ CORP., Defendants. ______________________________________________..___________________Ç TO: META PLATFORMS, INC. d /a Instagram 1 Hacker Way HQ Menlo Park, CA 94025 YOU ARE HEREBY COMMANDED AND REQUIRED pursuant to Article 31 of the Civil Practice Law and Rules, the attached Subpoena for Production of Business Records in Action Pending Outside of California (Subp-035) issued by the State of California in the Superior Court of California, San Mateo County to produce business records as set forth herein at the offices of Kaplan Levenson P.C., 930 Sylvan Avenue, Suite 100, Englewood Cliffs, NJ 07632 on December 20, 2022 at 10:00 A.M., and at any recessed or adjourned date to give testimony in this action on the part of the Plaintiff; And that you bring with you, and produce at the time and place aforesaid, the documents specified on the document entitled Exhibit A attached hereto. Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. {00157930.1 / 1538-001 } FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024 Dated: November 15, 2022 KAPLAN LEVENSON PC Attorneys for Plaintijjr 930 Sylvan Avenue Suite 130 Englewood Cliffs, NJ 07632 201-646-9400 By: Steven M. Kaplan {00157930.1 / 1538-001 } FILED: KINGS COUNTY CLERK 04/22/2024 05:34 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 04/22/2024 EXHIBIT A All files, documents and information sufficient to identify the source, owner, author, authorized users and posters of content on the following Instagram accounts: 1. @thewizardauthoritye 2. @exposingarapisteh (https://www.instagram.com/exposingarapisteh/?igshid=NDk5N2NIZjQ%3D) 3. @truthforwomeneh ((https://www.instagram.com/truthforwomeneh/?igshid=NDk5N2NIZjQ%3D)) 4. @youneedtoknow_true 5. @gwfitness16 6. @ehyogipilates 7. @integritymatters21 8. @safaritime631 9. @Stoicman__ 10. @voicesforwomen11937 11. @hamptonhomestic 12. @fallongriffon (https://instagram.com/fallongriffon?igshid=NDk5N2N1ZjQ=) The requested information should include, without limitation, all email addresses, IP addresses, geotags and other identifying information associated with the aforementioned accounts. {00157930.1 / 1538-001 }