Stark

Stark v. ABC, Inc

Good Law
United States District Court, Southern District of CaliforniaApril 22, 20203:19-cv-02405California567 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Collette STARK, Case No.: 19-cv-2405-JLS-AGS Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION FOR PRE-DISCOVERY

v. SUBPOENAS (ECF No. 8) ABC, Inc., XYZ, LLC, John Doe, Defendants. 15 Plaintiff, Collette Stark, claims that unknown defendants violated the Telephone Consumer Protection Act by calling her cell phone. Stark provides some information about the unknown defendants, including phone numbers and websites. Stark moves for leave to serve pre-discovery subpoenas on various entities to identify the defendants. She previously made a similar motion, which this Court denied. (ECF No. 3; ECF No. 4.) A plaintiff must show “good cause” to justify an early subpoena to identify a defendant. See Malibu Media, LLC v. Doe, No. 16cv444 GPC (BGS), 2016 WL 1618227, at *2 (S.D. Cal. Apr. 22, 2016). This Court applies a four-part test to determine good cause: [F]irst, the court may require the plaintiff to sufficiently identify…

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