USA Technologies, Inc. v. John Doe

Good Law
713 F. Supp. 2d 901·2010 WL 1980242·2010 U.S. Dist. LEXIS 56120
United States District Court, Northern District of CaliforniaMay 17, 2010C 09-80275 SICalifornia2,700 words

Opinion

Opinion

Illston, J.

ORDER GRANTING DEFENDANT’S MOTION TO QUASH

Before the Court is a motion by John Doe, a.k.a. “Stokklerk,” to quash the subpoena of USA Technologies, Inc. This motion derives from an action filed in the Eastern District of Pennsylvania alleging violation of the Securities Exchange Act of 1934,15 U.S.C. § 78a et seq., and Pennsylvania common law defamation. USA Technologies, Inc. asserts that the Eastern District of Pennsylvania has federal question jurisdiction under 28 U.S.C.A. § 1331 over its securities claim and supplemental jurisdiction under 28 U.S.C.A. § 1367 over its common law defamation claim. Compl. ¶ 7-8. After consideration of the parties’ papers, relevant legal authority, and good cause appearing, the Court hereby GRANTS defendant’s motion to quash.

BACKGROUND

1. Factual background

USA Technologies, Inc. (“USAT”), a publicly traded Pennsylvania corporation located in Malvern, PA, provides “cashless, micro-transactions, and networking services.” Compl. ¶ 3. Yahoo! operates a website which provides, among many other things, online informational web pages about publicly traded companies. Compl. ¶ 4. Yahoo! hosts web pages for publicly traded companies providing stock…

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