United States District Court, N.D. California
IN RE EX PARTE APPLICATION OF DR. YUICHIRO YASUDA AND YU MENTAL CLINIC, Applicant.
ORDER GRANTING MOTION TO QUASH RE: DKT. NO.
S. HIXSON UNITED STATES MAGISTRATE JUDGE.
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
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.
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
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
Id. & Ex. A; Mu Decl. ¶ 2 & Ex. A-1,
ECF No. 3.
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.
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.
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
1. All Documents showing the gefalleneren account's login
histories, including dates, times, IP addresses, and ...