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Jimena v. UBS AG Bank

August 27, 2010

CARL L. JIMENA, PLAINTIFF,
v.
UBS AG BANK, INC., SWITZERLAND HEADQUARTERS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO COMPEL (Docket Nos. 211, 212, 246)

I. INTRODUCTION

Plaintiff Carl L. Jimena ("Plaintiff") filed this action on February 5, 2007. Plaintiff alleges that he was defrauded in a variant of the "Nigerian advance fee scheme" by Clive Standish, the Chief Financial Officer ("CFO") of UBS AG Bank, Inc. ("UBS"), who sent Plaintiff an email from an email address "clive_standish@yahoo.com." Via this email, Standish allegedly offered to transfer $19 million to Plaintiff's bank account by convincing Plaintiff to wire $51,000 via Washington Mutual Bank, Bank of New York, and UBS to an account at a fourth bank, HSBC, to satisfy a purported "Anti-Drug/Terrorist Clearance" fee required for transfers from Nigeria. Plaintiff also asserts that he received electronic correspondences regarding this transaction from an email bearing the address of "customerservices@privateclientsubs.cjb.net." Plaintiff alleges that he never received the $19 million.

Plaintiff is now seeking to obtain any documents that Yahoo! Inc. ("Yahoo") may have that are associated with either of two the email addresses from which he received electronic mail relevant to the disputed transaction in this case: " clive_standish@yahoo.com " and "customerservices@privateclientsubs.cjb.net."

Yahoo is not a party to this action. Therefore, on May 20, 2010, pursuant to Federal Rule of Civil Procedure 45, Plaintiff sought records from Yahoo through service of a subpoena duces tecum. The subpoena sought the following information relative to the two email addresses:

1. Complete account information details from the time the two accounts were opened until they were closed such as for example, name, address, birthdate, home phone, work phone, and other details identifying the account owner/user of the email address.

2. All changes in the entries of the two email accounts from the time they were opened until they were closed.

3. Authorized users of the two email accounts or email address from the time opened until closed.

4. All exchanges of email messages on the above two email address of Clive Standish, between Carl L. Jimena and Clive Standish from the time the same two email address[es] [were] opened until closed.

5. All exchanges of email messages on the above two email address[es] of Clive Standish between Atty Ademola Adeshina and Clive Standish concerning transferring 19 million dollars in which Carl L. Jimena is the beneficiary, from UBS AG to Rabo Bank, Purmerend, Netherlands.

6. All exchanges of email messages on the above two email address[es] of Clive Standish, between Standard Trust Bank and Clive Standish concerning transfer of 19 million dollars from Standard Trust Bank to Carl L. Jimena or to Carl L. Jimena's account at Washington Mutual Bank located at California, USA passing through UBS AG of Zurich, Switzerland.

7. All exchanges of email messages on the above two email address[es] of Clive Standish, between the Financial Action Task Force (FATF) and Clive Standish concerning transfer of 19 million dollars from Standard Trust Bank to Carl L. Jimena or to Carl L. Jimena's account at Washington Mutual Bank located at California, USA passing through UBS AG of Zurich, Switzerland.

8. Identity of the computer used by Clive Standish in sending emails, if retrievable from Yahoo's system.

9. Location of the computer of Clive Standish from where messages are being sent to Carl L. Jimena, if traceable by Yahoo in its system. This may require a backward trace of the connecting computers on ...


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