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MGM Resorts International v. Does

United States District Court, District of Nevada

January 30, 2015

MGM RESORTS INTERNATIONAL, a Delaware corporation, and CITYCENTER LAND, LLC, a Nevada limited liability corporation, Plaintiffs,
v.
JOHN DOES 1-2, Defendants.

Michael J. McCue Attorney for Plaintiffs MGM Resorts International and CityCenter Land, LLC

ORDER GRANTING PLAINTIFFS’ MOTION FOR EXTENSION OF TIME

Plaintiffs MGM Resorts International and CityCenter Land, LLC (“Plaintiffs”) hereby move the Court for entry of an order extending the time for Plaintiffs to file their motion, pursuant to the Court’s order dated October 27, 2014, for leave to amend the Complaint to add the true identities of the presently unknown defendants, John Does 1-2.

Plaintiffs respectfully request that this deadline be extended from January 28, 2015 to March 31, 2015. This is Plaintiffs’ third request for an extension of time.

PRELIMINARY STATEMENT

This is an action to stop the unknown owners of two user accounts on the online photo sharing network www.instagram.com from unlawfully trading on Plaintiffs’ well-known, federally registered “MGM” and “VDARA” trademarks by distributing images and comments using the user names “MGM” and “VDARA” – user names that are identical to Plaintiffs’ federally registered “MGM” and “VDARA” trademarks.

STATEMENT OF FACTS

The Complaint was filed on August 21, 2014. (Doc. 1.) On October 26, 2014, Plaintiffs MGM Resorts International and CityCenter Land, LLC (“Plaintiffs”) moved the Court for leave to take discovery to determine the identity of unknown Defendants John Does 1 and 2. (Doc. 6.)

On October 27, 2014, the Court entered an order granting the motion. (Doc. 7). The order states, inter alia, that, “Plaintiffs will have 30 days (i.e., by November 26, 2014), to discover the actual names of the Doe Defendants through discovery, and file a request to amend the complaint to provide the actual names of the Doe Defendants.” (Id. at 1, ll. 22-24.)

On November 10, 2014, Plaintiffs’ undersigned counsel sent a letter along with subpoenas directed to Instagram requesting, among other information, documents identifying the owners of the Instagram accounts “MGM” and “VDARA.” (Doc. 10 at Ex. 1.) Having received no response from Instagram, on November 25, 2014, Plaintiffs’ counsel caused a copy of the prior correspondence to be hand delivered to Instagram’s registered agent in California. (Id. at Ex. 2.) Because the deadline set by the Court for discovery was fast approaching and having received no response from Instagram, Plaintiffs moved and obtained an extension of time to discover the actual names of the Doe Defendants. (Doc. Nos. 10 and 11.)

On December 19, 2014, Instagram responded to the subpoenas asking Plaintiffs’ counsel to contact Instagram if Plaintiffs still sought the documents listed in the subpoenas. The letter also lodged various objections to subpoenas. Nonetheless, the letter did indicate that Instagram “can produce reasonably accessible basic identifying information . . . .” A true and correct copy of the letter from Instagram is attached hereto as Exhibit A. Plaintiffs responded to the letter by email on December 21, 2014. Plaintiffs confirmed that they still want the documents in the subpoenas, rebutted the objections, and asked for Instagram to provide responsive documents by January 8, 2015. A true and correct copy of the response email is attached hereto as Exhibit B.

On December 29, 2014, Plaintiffs moved the Court for a second extension of the deadline to amend the Complaint to provide additional time for Instagram to provide the documents Plaintiff requested, review them, and prepare the appropriate motion to amend the complaint. (Doc. 12.) The Court granted the motion on December 30, 2014. (Doc. 13.)

On Monday, January 12, 2015, Plaintiffs’ counsel received a 6-page document production via email from Instagram. A true and accurate copy of the email and accompanying documents is attached hereto as Exhibit C. The documents only contain information concerning the VDARA Instagram user account, not both the VDARA and MGM Instagram user accounts as Plaintiffs had requested. (Id.) In addition, the only information contained in the documents identifying the purported owner of the VDARA Instagram account is two email addresses: mariaavila702@aol.com (id. at 6) and marilia.rocha@gmail.com (id. at 10). In sum, Instagram has yet to provide any information concerning the identity of the owner of the MGM Instagram account, and has only provided two emails addresses to identify the owner of the VDARA Instagram account.

Accordingly, Plaintiffs respectfully request that the Court enter an order granting Plaintiffs an additional sixty (60) days (i.e., until March 29, 2015), to file a motion for leave to amend the complaint to provide ...


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