London
London v. Does 1-4
Opinion
Lead Opinion
MEMORANDUM *
Appellants Richard London and four John Does appeal the district court’s denial of motions to quash a subpoena issued to Yahoo!, Inc. (“Yahoo!”) to obtain information regarding five Yahoo! email accounts. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.
In 2005, Jennifer London, a United States citizen who was domiciled in St. Martin, began divorce and child custody proceedings against her husband, Richard London, also a United States citizen, in St. Martin, a French territory governed by French law. Jennifer sought a divorce from Richard based on adultery, a ground for a fault-based divorce. To establish the adultery, Jennifer introduced evidence in the divorce proceeding to suggest that Richard had used five pseudonymous Yahoo! email accounts to solicit sex on the Internet. Richard denied that the email accounts belonged to him and claimed that Jennifer had fabricated the evidence.
Thereafter, Jennifer filed an application in district court for an order to conduct discovery on the five Yahoo! email accounts under 28 U.S.C. § 1782 for use in her foreign divorce case. The district court granted the application and issued a subpoena to…