Page 1 SUBP-ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, Slam Barnumber, and address):
FOR COURT USE ONLY
Brinton J. Resto. ESQ. (Admitted Pro Hac Vice 2/8/2021]
200 Park Avenue. Suite
Orange
Villaqe.
TELEPHONE
OH
No_z [2‘]
E'MNLADDRESSIOD’iW’l'
ATTORNEYFORWW’I
I
b) d(J-I
_
FAX NOJOPIIOnaIJ‘
IUD
bresto@minclaw.com
PATRICK
S.
,
TOMLINSON
in which discovery is to be conducted: Superior Court
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara
STREET ADDRESS: 191 North First Street
MNLINGADDRESS: 191 North First Street
Court for county
C'TYANDZIPCODE‘
San Jose.
CA
BRAN CH NA MEI
Court
in
which action
is
STREETADDRESS:
MAILING ADDRESS:
CITY,STATE,ANDZIP CODE:
COUNTRY:
Court
Court of Milwaukee County, Wisconsin
pending: Circuit
of Court; Circuit
Name
MAR
901 N 9th Street
901 N 9th Street
Milwaukee, WI
Quiz?
PLAINTIFFIPETITIONER:
DEFENDANTIRESPONDENT:
PATRICK
S.
1-60,
NAMES UNKNOWN
é
3a
in
E
2.
(name and address
Attached
is
(of action
pending oz'nslde California):
Respondent‘
E
is
(check one):
Other(speciry):
is
LLC
b.
c.
E
E
of Civil Procedure sections
E
the original
in
and give testimony
E
2 to (check
all
a true and correct copy
mar
of the
document from the court
in
which the action
at a deposition;
produoe and permit inspection and copying
custody. 0r control ofthe deponent;
of designated materials. information, or tangible things in the possession.
permit the inspection of premises underthe control ofthe deponent.
out—of—state court.
(Code
6/
3/
J.
in
the
document from the
of Civil Procedure section 2029.300(d).)
declare under penalty of perjury under the laws of the State of California that the foregoing
Brinton
CA
apply):
Applicant submits with this application a proposed subpoena that includes terms identical to those
Date:
2029.100 — 2029.
Clo Custodian 0f Records, 1001 N. Shoreline Blvd., Mountain View,
(check one):
attend
Code
of deponenr orperson in control ofpropeny):
pending that requires the person
a.
|
E
court)
the above action.
Google,
4.
E
Defendant
any assigned by
2021—CV-
Applicant requests that this court issue a subpoena for discovery under
to
3.
Petitioner
[1f
c V 3 W 854 6
CASE NUMBER
APPLICATION FOR DISCOVERY SUBPOENA
IN ACTION PENDING OUTSIDE CALIFORNIA
Plaintiff
M
:
CALIFORNIA CASE NUMBER
TOMLINSON
JOHN DOES
Glerk of the Court
H GA Caunw m Bantu Clara
ff: u
L H
M” DEPU‘W
Btwm
USA
2 2
Resto
(TYPE 0R PRINT NAME)
is
1'
true
f
and
correct.
*1}
LKErNC,
r...
3:
:33“?
u;
}
(SIGNATURE 0F ATTORNEY OR PARTY \MTHOUT ATFORNEY)
Note: This application must be accompanied by the fee specified in Government Code section 70626.
must be personally served on the deponent in compliance with California law, including
Code of Civil Procedure section 1985.
A discovery subpoena
me Adopted
Page
tor
Mandatory Use
Judidal Coundl of California
SUBP—030 [New January
1.
2010]
APPLICATION FOR DISCOVERY SUBPOENA
1N ACTION PENDING OUTSIDE CALIFORNIA
Code
1 ol'
CM Procedure §§ 2029,100—www.courrinfocaguv
IVPage 2 CIRCUIT COURT
STATE OF WISCONSIN
MILWAUKEE COUNTY
PATRICK S. TOMLINSON
Case No.
Case Code:
Plaintifi‘,
202 l CV
V.
JOHN DOES
1—60,
NAMES UNKNOWN,
Defendants.
SUBPOENA DUCES TECUM
THE STATE OF WISCONSIN
To:
Atm: Legal
Google,
LLC
1600 Amphitheatre Parkway
Mountain View, CA Pursuant to section 805.07 ofthe Wisconsin Statutes, you are hereby
and provide counsel for the
Plaintiff the following records: see
Exhibit A.
commanded to furnish
You may satisfy
requirements of the subpoena by providing said information within the next
l_
the
days.
Failure to provide said records will result in the issuance of a further subpoena requiring
your attendance
appear
at a deposition
and production of the aforesaid documents
may result in punishment for contempt which may
include monetary penaltiw and
imprisonment and sanctions.
Dated this
16'"
at that time. Failure to
day of March, 2021.
Counsel of Record:Page 3 Wit)
Brinton
J.
Resto
MINC, LLC
200 Park Avenue, Suite Orange, Ohio (216) 373—7706 (telephone)
(440) 792-5237 (facsimile)
brcsto@minclaw.com
(Admitted Pro Hac Vice 02/08/202 1)
M. Ways, State Bar No. AXLEY BRYNELSON, LLP
N20 W22961 Watenovm Road
Waukesha, WI Nicole
(262) 524-8500 (telephone)
(262) 524-9200 (facsimile)
nwaysfilaxlcyfiomPage 4 EXHIBIT A
The information sought
registered the
for production is in relation to the Google,
following domain-name through Google
LLC
account(s) that
as the registrar (hereinafter
“Domain”):
hugs ://ona I'or11ms.nctl
IDENTIFYING INFORMATION:
1.
Please provide any and
all
information that
may
assist in positively identifying all users,
individuals, and/or organizations of the account(s) that registered, purchased and/or
maintain the universal resource locators
(URL) and
or domain names
own and
0f:
httgsz/lonatbrums.ncl‘l
is from creation of the accounts until present day and
holder or user’s first and last name, e-mail address,
account
to, any
phone number, physical address and any other information provided by the user(s) to Google,
This request for identifying information
includes, but
LLC
is
not limited
any time for identification or payment purposes, technical support or customer service
assistance, and is meant t0 include infomation related to any service or product purchased by
such user from Google, LLC, notjust those services specifically related to the Domain.
at
/
[P
2.
ADDRESS ACCESS LOG INFORMATION:
Please produce the connection log information for the Google,
created, and or maintain the
Domain. Responsive infomation
LLC account(s)
that purchased,
shall include the following:
o
Any
connections from users to the account(s) since creation of the account to present day;
o
The
date, time
and time zone for each connection 0r Iogin
t0 the service
by the
subscriber;
The
o
date,
time and time zone for each disconnection or logoff for each
connection/session.
_
'
o
The
originating 1P address for
since
o
its
EACH and EVERY connectionfscssion to cach account
creation;
If available, provide the user agent details for
each access, including browser and version,
operating system and version, and any other logged information for each
connection/session;
o
Provide the time zone used for the log information requested (do not send only the
address to access the accounts, send entire history for
This request
is
meant
to
be construed broadly and include
related to the accessing of the user account
last IP
EVERY access session).
on Google,
all
LLC
1P data and connections
billing
and payment systems,
documents, help forums, security verification e-mails, pages, 0r checks, and/or access or
use 0f any hosting servers and platforms, including cPanel, Wordpress, and/or anyPage 5 Content Management Systems
(“CMS”
'
associated with any
Domain owned
or
purchased by the user/account at issue.
The
request should inciude IP infomation regarding any services or products purchased
purchasing
by the user and/or customer account, not just those hosting and other domain
services specifically related or connected to the Domain.
3.
ACCOUNT HOLDER DOCUMENTS AND OTHER ELECTRONICALLY STORED
INFORMATION.
For the Google,
LLC account(s) that purchased, created, and or maintains the Domain,
please produce any and
all
documents, electronically stored information, payment
information, and tangible or intangible items containing information that
may
lead to the
identification ofthe account holders, account holder personal information, and/or contact
information ofany individual or party in control of the account
fiom the date of the
account creation until present day.
This request should be construed broadly to include, any completed or panially
completed applications, fee ageements, contracts, user agreements, customer service
inquiries,
calls,
customer service logs, audio recording made by telephone of customer service
records reflecting changes
phone numbers
made to the
customer’s account, e—mail addresses 0r
used in creating, maintaining or
communicating with the customer, and
information regarding any other user accounts or
the control of the
For
all credit
Domain hosted by Google, LLC under
same customer and/or customer account.
or debit cards used currently andlor previously, please provide the following
information:
e
o
Type of credit card(s);
Name as it appears on each credit card;
e
Billing address for wch credit card.
For
all
PayPa] accounts used currently and/or previously provide:
PayPal usemame/e-mail address;
o
Any
other associated information.
A Content Management SyStem is defined for purposes of use herein as any computer application that is ofi'ered by
you which allows your users/customers
to upload, publish, edit, organize, delete, and/or
manage
the content
ofa
website, whether or not the website is hosted on your servers. Examples ofContent Management Systems include
cPanel, Wordpress, Drupal, Microsofi SOL Server, Cloudlinux, MySOL, or any similar proprietary system you may
offer.Page 6 For
all
electronic checking accounts
used by
this
account provide:
Name ofchecking account holder;
Address of checking account holder;
Name of bank;
Any other related identifying
For
all
information.
BitCoin or Worldpay payments:
e
The BitCoint address or Worldpay address that made the payment;
e
Exact date and time of the transaction and amount of currency used or BitCoin used for the
transaction.
N0 specific financial information including credit card and routing numbers is being
requested. Only information used to identify the individuals or entities that created andlor
maintains the Domain
is
being sought.Page 7 SPECIAL INSTRUCTIONS
If Google
1.
retained by Google
customers and users can control whether their identifying information
by deleting
their account, plefise preserve that information
is
and refi'ain from
notifying the afi‘ected users until the afi'ect users’ relevant account information has been preserved
so that
it
may be produced
to Plaintiff’s counsel
of record.
Before producing any relevant customer or user account information to Plaintiff’s
2.
counsel, please allow the afi‘ected customers/users ten (10) days’ notice before production so that
the affected user
may
object by filing a motion to quash in the
trial
court where the action
is
pending.
Ifno objection
3.
is
filed in the trial court where the action
is
specific affected user, produce your information for each user by April
pending on behalf ofthe
5,
at 5 o’clock
PM
Central.
If
4.
made on
a motion to quash
the motion to quash
and
is
all
filed, preserve the requested information until a ruling
is
appeals seeking the release of the information have been
exhausted.
5.
prior to
This case
is
on-going and Plaintiff reserves the right
to
supplement
amending the complaint due to the ongoing nature ofthe underlying
action.
this request
PDF Page 1
PlainSite Cover Page
PDF Page 2
SUBP-030
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, Slam Barnumber, and address):
FOR COURT USE ONLY
Brinton J. Resto. ESQ. (Admitted Pro Hac Vice 2/8/2021]
200 Park Avenue. Suite 200
Orange
Villaqe.
TELEPHONE
OH 44122
No_z [2‘]
E'MNLADDRESSIOD’iW’l'
ATTORNEYFORWW’I
I
b) d(J-I
_
FAX NOJOPIIOnaIJ‘
IUD
bresto@minclaw.com
PATRICK
S.
,
TOMLINSON
in which discovery is to be conducted: Superior Court
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara
STREET ADDRESS: 191 North First Street
MNLINGADDRESS: 191 North First Street
Court for county
C'TYANDZIPCODE‘
San Jose.
CA 95113
BRAN CH NA MEI
Court
in
which action
is
STREETADDRESS:
MAILING ADDRESS:
CITY,STATE,ANDZIP CODE:
COUNTRY:
Court
Court of Milwaukee County, Wisconsin
pending: Circuit
of Court; Circuit
Name
MAR
901 N 9th Street
901 N 9th Street
Milwaukee, WI 53233
Quiz?
PLAINTIFFIPETITIONER:
DEFENDANTIRESPONDENT:
PATRICK
S.
1-60,
NAMES UNKNOWN
é
3a
in
E
2.
(name and address
Attached
is
(of action
pending oz'nslde California):
Respondent‘
E
is
(check one):
Other(speciry):
is
LLC
b.
c.
E
E
of Civil Procedure sections
E
the original
in
and give testimony
E
2 to (check
all
a true and correct copy
mar
of the
document from the court
in
94043
which the action
at a deposition;
produoe and permit inspection and copying
custody. 0r control ofthe deponent;
of designated materials. information, or tangible things in the possession.
permit the inspection of premises underthe control ofthe deponent.
out—of—state court.
(Code
6/2021
3/1
J.
in
the
document from the
of Civil Procedure section 2029.300(d).)
declare under penalty of perjury under the laws of the State of California that the foregoing
Brinton
CA
apply):
Applicant submits with this application a proposed subpoena that includes terms identical to those
Date:
2029.100 — 2029.900
Clo Custodian 0f Records, 1001 N. Shoreline Blvd., Mountain View,
(check one):
attend
Code
of deponenr orperson in control ofpropeny):
pending that requires the person
a.
|
E
court)
the above action.
Google,
4.
E
Defendant
any assigned by
2021—CV-000500
Applicant requests that this court issue a subpoena for discovery under
to
3.
Petitioner
[1f
c V 3 W 854 6 8
CASE NUMBER
APPLICATION FOR DISCOVERY SUBPOENA
IN ACTION PENDING OUTSIDE CALIFORNIA
Plaintiff
M
:
CALIFORNIA CASE NUMBER
TOMLINSON
JOHN DOES
Glerk of the Court
H GA Caunw m Bantu Clara
ff: u
L H
M” DEPU‘W
Btwm
USA
2 2 2021
Resto
(TYPE 0R PRINT NAME)
is
1'2
true
f1
and
correct.
*1}
LKErNC,
r...
3:3
:33“?
u;
}
(SIGNATURE 0F ATTORNEY OR PARTY \MTHOUT ATFORNEY)
Note: This application must be accompanied by the fee specified in Government Code section 70626.
must be personally served on the deponent in compliance with California law, including
Code of Civil Procedure section 1985.
A discovery subpoena
me Adopted
Page
tor
Mandatory Use
Judidal Coundl of California
SUBP—030 [New January
1.
2010]
APPLICATION FOR DISCOVERY SUBPOENA
1N ACTION PENDING OUTSIDE CALIFORNIA
Code
01
1 ol' 1
CM Procedure §§ 2029,100—900
www.courrinfocaguv
IV
PDF Page 3
CIRCUIT COURT
STATE OF WISCONSIN
MILWAUKEE COUNTY
PATRICK S. TOMLINSON
Case No.
Case Code:
Plaintifi‘,
202 l CV000500
30106
V.
JOHN DOES
1—60,
NAMES UNKNOWN,
Defendants.
SUBPOENA DUCES TECUM
THE STATE OF WISCONSIN
To:
Atm: Legal
Google,
LLC
1600 Amphitheatre Parkway
Mountain View, CA 94043
Pursuant to section 805.07 ofthe Wisconsin Statutes, you are hereby
and provide counsel for the
Plaintiff the following records: see
Exhibit A.
commanded to furnish
You may satisfy
requirements of the subpoena by providing said information within the next
l_4
the
days.
Failure to provide said records will result in the issuance of a further subpoena requiring
your attendance
appear
at a deposition
and production of the aforesaid documents
may result in punishment for contempt which may
include monetary penaltiw and
imprisonment and sanctions.
Dated this
16'"
at that time. Failure to
day of March, 2021.
Counsel of Record:
PDF Page 4
Wit)
Brinton
J.
Resto
MINC, LLC
200 Park Avenue, Suite 200
Orange, Ohio 44122
(216) 373—7706 (telephone)
(440) 792-5237 (facsimile)
brcsto@minclaw.com
(Admitted Pro Hac Vice 02/08/202 1)
M. Ways, State Bar No. 1099165
AXLEY BRYNELSON, LLP
N20 W22961 Watenovm Road
Waukesha, WI 53186
Nicole
(262) 524-8500 (telephone)
(262) 524-9200 (facsimile)
nwaysfilaxlcyfiom
PDF Page 5
EXHIBIT A
The information sought
registered the
for production is in relation to the Google,
following domain-name through Google
LLC
account(s) that
as the registrar (hereinafter
“Domain”):
hugs ://ona I'or11ms.nctl
IDENTIFYING INFORMATION:
1.
Please provide any and
all
information that
may
assist in positively identifying all users,
individuals, and/or organizations of the account(s) that registered, purchased and/or
maintain the universal resource locators
(URL) and
or domain names
own and
0f:
httgsz/lonatbrums.ncl‘l
is from creation of the accounts until present day and
holder or user’s first and last name, e-mail address,
account
to, any
phone number, physical address and any other information provided by the user(s) to Google,
This request for identifying information
includes, but
LLC
is
not limited
any time for identification or payment purposes, technical support or customer service
assistance, and is meant t0 include infomation related to any service or product purchased by
such user from Google, LLC, notjust those services specifically related to the Domain.
at
/
[P
2.
ADDRESS ACCESS LOG INFORMATION:
Please produce the connection log information for the Google,
created, and or maintain the
Domain. Responsive infomation
LLC account(s)
that purchased,
shall include the following:
o
Any
connections from users to the account(s) since creation of the account to present day;
o
The
date, time
and time zone for each connection 0r Iogin
t0 the service
by the
subscriber;
The
o
date,
time and time zone for each disconnection or logoff for each
connection/session.
_
'
o
The
originating 1P address for
since
o
its
EACH and EVERY connectionfscssion to cach account
creation;
If available, provide the user agent details for
each access, including browser and version,
operating system and version, and any other logged information for each
connection/session;
o
Provide the time zone used for the log information requested (do not send only the
address to access the accounts, send entire history for
This request
is
meant
to
be construed broadly and include
related to the accessing of the user account
last IP
EVERY access session).
on Google,
all
LLC
1P data and connections
billing
and payment systems,
documents, help forums, security verification e-mails, pages, 0r checks, and/or access or
use 0f any hosting servers and platforms, including cPanel, Wordpress, and/or any
PDF Page 6
Content Management Systems
(“CMS”
'
associated with any
Domain owned
or
purchased by the user/account at issue.
The
request should inciude IP infomation regarding any services or products purchased
purchasing
by the user and/or customer account, not just those hosting and other domain
services specifically related or connected to the Domain.
3.
ACCOUNT HOLDER DOCUMENTS AND OTHER ELECTRONICALLY STORED
INFORMATION.
For the Google,
LLC account(s) that purchased, created, and or maintains the Domain,
please produce any and
all
documents, electronically stored information, payment
information, and tangible or intangible items containing information that
may
lead to the
identification ofthe account holders, account holder personal information, and/or contact
information ofany individual or party in control of the account
fiom the date of the
account creation until present day.
This request should be construed broadly to include, any completed or panially
completed applications, fee ageements, contracts, user agreements, customer service
inquiries,
calls,
customer service logs, audio recording made by telephone of customer service
records reflecting changes
phone numbers
made to the
customer’s account, e—mail addresses 0r
used in creating, maintaining or
communicating with the customer, and
information regarding any other user accounts or
the control of the
For
all credit
Domain hosted by Google, LLC under
same customer and/or customer account.
or debit cards used currently andlor previously, please provide the following
information:
e
o
Type of credit card(s);
Name as it appears on each credit card;
e
Billing address for wch credit card.
For
1
all
PayPa] accounts used currently and/or previously provide:
9
PayPal usemame/e-mail address;
o
Any
other associated information.
A Content Management SyStem is defined for purposes of use herein as any computer application that is ofi'ered by
you which allows your users/customers
to upload, publish, edit, organize, delete, and/or
manage
the content
ofa
website, whether or not the website is hosted on your servers. Examples ofContent Management Systems include
cPanel, Wordpress, Drupal, Microsofi SOL Server, Cloudlinux, MySOL, or any similar proprietary system you may
offer.
PDF Page 7
For
all
electronic checking accounts
used by
this
account provide:
Name ofchecking account holder;
Address of checking account holder;
Name of bank;
Any other related identifying
For
all
information.
BitCoin or Worldpay payments:
e
The BitCoint address or Worldpay address that made the payment;
e
Exact date and time of the transaction and amount of currency used or BitCoin used for the
transaction.
N0 specific financial information including credit card and routing numbers is being
requested. Only information used to identify the individuals or entities that created andlor
maintains the Domain
is
being sought.
PDF Page 8
SPECIAL INSTRUCTIONS
If Google
1.
retained by Google
customers and users can control whether their identifying information
by deleting
their account, plefise preserve that information
is
and refi'ain from
notifying the afi‘ected users until the afi'ect users’ relevant account information has been preserved
so that
it
may be produced
to Plaintiff’s counsel
of record.
Before producing any relevant customer or user account information to Plaintiff’s
2.
counsel, please allow the afi‘ected customers/users ten (10) days’ notice before production so that
the affected user
may
object by filing a motion to quash in the
trial
court where the action
is
pending.
Ifno objection
3.
is
filed in the trial court where the action
is
specific affected user, produce your information for each user by April
pending on behalf ofthe
5,
2021
at 5 o’clock
PM
Central.
If
4.
made on
a motion to quash
the motion to quash
and
is
all
filed, preserve the requested information until a ruling
is
appeals seeking the release of the information have been
exhausted.
5.
prior to
This case
is
on-going and Plaintiff reserves the right
to
supplement
amending the complaint due to the ongoing nature ofthe underlying
action.
this request