Does 1-4 v. United States Attorney Office
Opinion
Opinion
MEMORANDUM
Four anonymous “Doe” commentators on a newspaper’s Internet message board challenge two subpoenas seeking identifying information for commentators on the Las Vegas Review-Journal’s May 26, 2009 article. The district court found that Does 1-4’s action was moot and, alternatively, that there was no set of facts supporting Does 1-4’s First Amendment claims. We do not reach the First Amendment claims because we decide the case on standing and mootness grounds.
We review de novo whether a party has standing. See Stormans, Inc. v. Selecky, 586 F.3d 1109, 1119 (9th Cir.2009). “Questions of standing ... may be raised and considered for the first time on appeal, including sua sponte.” Id. We also review de novo the district court’s decision to grant a motion to dismiss for mootness. Stop H-3 Ass’n v. Dole, 870 F.2d 1419, 1423 (9th Cir.1989).
We conclude that Does 1^4’s challenge to the first subpoena is moot. The Las Vegas Review-Journal did not comply with that subpoena, and the subpoena no longer has any effect. Therefore, there is no harm to remedy. See Earth Island Inst. v. United States Forest Serv., 442 F.3d 1147, 1157 (9th Cir.2006) (internal quotations omitted),…