Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re ex parte Application of Yasuda

United States District Court, N.D. California

December 20, 2019

IN RE EX PARTE APPLICATION OF DR. YUICHIRO YASUDA AND YU MENTAL CLINIC, Applicant.

          ORDER GRANTING MOTION TO QUASH RE: DKT. NO. 10

          THOMAS S. HIXSON UNITED STATES MAGISTRATE JUDGE.

         I. INTRODUCTION

         Applicants Dr. Yuichiro Yasuda and Yu Mental Clinic's (collectively, “Yasuda”) filed an ex parte application to take discovery pursuant to 28 U.S.C. § 1782, which allows a district court to order a person residing or found within its district to produce documents or provide testimony for use in a foreign legal proceeding, unless the disclosure would violate a legal privilege. ECF No. 1. Twitter, Inc. now moves to quash or modify the subpoena. ECF No. 10. Yasuda filed an Opposition (ECF No. 11) and Twitter filed a Reply (ECF No. 15). The Court finds this matter suitable for disposition without oral argument and VACATES the January 9, 2020 hearing. See Civ. L.R. 7-1(b). Having considered the parties' positions, relevant legal authority, and the record in this case, the Court GRANTS Twitter's motion for the following reasons.

         II. BACKGROUND

         Dr. Yasuda is a psychologist and owner of Yu Mental Clinic in Maebaru Chuo, Itoshima-Shi, Japan since 2008. Kanda Decl. ¶ 4, ECF No. 2. He is “a well-respected and well-known” psychologist in Japan. Id. Yu Mental Clinic operates with 55 doctors, 70 psychologists, and 88 staff members. Id.

         On January 26, 2019, an unknown individual operating under the Twitter name of @gefalleneren posted a private photograph of Dr. Yasuda and a woman and tweeted derogatory statements and hashtags about him and Yu Mental Clinic. Id. ¶ 5. The twitter post states, in Japanese, under the picture of Dr. Yasuda:

Yuuki Yu (Yuicchiro Yasuda) was sued by a woman who was a former associate. It does not been clearly said that Yuuki Yu is sexually exploiting and the sexual toys of the charismatic psychiatrist are mass produced. #Defamation #managed prostitution #sex crime #extortion #engagement scam #incapacitated rape.

Id. & Ex. A; Mu Decl. ¶ 2 & Ex. A-1, ECF No. 3.

         On April 10, 2019, the Twitter user tweeted again:

The issue in which article links of Yuuki Yu's women issues and sexual relationships are being regulated. #Yuuku Yu #Yuichiro Yasuda #Yu Mental Clinic #Defamation #managed prostitution #sex crime #Engagement scam #incapacitated rape #sexual scandals #Exchange of Prosecutors and judges #defamation #managed prostitution #sex crime #intimidation #extortion #engagement scam #incapacitated rape.

Kanda Decl. ¶ 6 & Ex. B; Mu Decl. ¶ 3 & Ex. B-1.

         Yasuda retained Ogasawara, Konno & Rokugawa Law Firm to initiate a civil lawsuit in Japan against the anonymous defendant for defamation and unlawful business interference under Japanese law. Kanda Decl. ¶ 1. On June 13, 2019, Yasuda applied to this Court ex parte for an order permitting discovery from Twitter into the identity of the @gefalleneren account user pursuant to 28 U.S.C. § 1782. ECF No. 1. Yasuda also submitted supplemental declarations from its Japanese counsel and translator. ECF Nos. 2-3. In his declaration, Japanese counsel states that he believes the Twitter posts defamed Applicant and unlawfully interfered with Applicant's business under Japanese law. Kanda Decl. ¶ 7. The Court granted Yasuda's request on June 17, 2019. ECF No. 5.

         Twitter received the subpoena on August 15, 2019. Bleicher Decl., ¶ 2, Ex. 1, ECF No. 10. The subpoena requests the following categories of information associated with the @gefalleneren account:

1. All Documents showing the gefalleneren account's login histories, including dates, times, IP addresses, and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.