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Home > La Societe Metro Cash & Carry France v. Time Warner Cable

La Societe Metro Cash & Carry France v. Time Warner Cable [1]

Submitted by DMLP Staff on Tue, 01/13/2009 - 15:10

Summary

Threat Type: 

Subpoena

Date: 

10/01/2003

Status: 

Concluded

Disposition: 

Subpoena Enforced

Location: 

Connecticut

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
La Societe Metro Cash & Carry France sought a "bill of discovery" in Connecticut state court compelling Time Warner Cable to disclose the identity of an individual who allegedly sent an anonymous email to several of its regional directors accusing the company of deceptive... read full description
Parties

Party Receiving Legal Threat: 

Time Warner Cable

Type of Party: 

Large Organization

Type of Party: 

Large Organization

Location of Party: 

  • France

Legal Counsel: 

Zeldes Needle & Cooper

Legal Counsel: 

Scott R. Lucas, Michel Bayonne (for intervenor Jane Doe)
Description

La Societe Metro Cash & Carry France sought a "bill of discovery" in Connecticut state court compelling Time Warner Cable to disclose the identity of an individual who allegedly sent an anonymous email to several of its regional directors accusing the company of deceptive and unethical business practices.  The request was based on an ex parte order of a French court requiring Time Warner to give up this information.  Time Warner notified its subscriber of the Connecticut action, and she intervened through counsel to oppose the bill.

The court granted the bill of discovery.  It applied an unusual standard with two requirements.  First, the plaintiff must show that what it seeks is necessary to mount a claim or defense in another action, and that it has no other way of obtaining the desired material.  Second, the plaintiff must "demonstrate by detailed facts that there is probable cause to bring a potential cause of action." It defined "probable cause" as "knowledge of facts sufficient to justify a reasonable man in the belief that he has reasonable grounds for presenting an action . . . Its existence or nonexistence is determined by the court on the facts found."

The court found that La Societe Metro had put forward enough evidence to establish probable cause that it had suffered damages as a result of the defamatory action of the anonymous emailer (potentially under French law), and that it was seeking information about her identity in good faith and not for any improper purpose.

Related Links: 

  • cyberSLAPP: La Societe Metro Cash & Carry France v. Time Warner Cable [2]
  • CMLP: Legal Protections for Anonymous Speech in Connecticut [3]
Details

Content Type: 

  • Text

Publication Medium: 

Email

Subject Area: 

  • Anonymity
Court Information & Documents

Jurisdiction: 

  • Connecticut

Source of Law: 

  • Connecticut

Court Name: 

Superior Court of Connecticut

Court Type: 

State

Case Number: 

CV030197400S

Relevant Documents: 

PDF icon Memorandum of Decision dec 2 2003.pdf [4]
PDF icon Jane Doe's Memorandum in Opposition to plaintiff's application for bill of discover nov 6 03.pdf [5]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

CyberSLAPP.org

CMLP Notes: 

DMLP Logo


Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/la-societe-metro-cash-carry-france-v-time-warner-cable

Links
[1] https://www.dmlp.org/threats/la-societe-metro-cash-carry-france-v-time-warner-cable
[2] http://www.cyberslapp.org/cases/page.cfm?pageID=43
[3] https://www.dmlp.org/legal-guide/legal-protections-anonymous-speech-connecticut
[4] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Memorandum%20of%20Decision%20dec%202%202003.pdf
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Jane%20Doe%27s%20Memorandum%20in%20Opposition%20to%20plaintiff%27s%20application%20for%20bill%20of%20discover%20nov%206%2003.pdf