Roebuck v. Trib Total Media, Inc. [1]

Karen Roebuck, a former employee of the Pittsburgh Tribune-Review, commenced legal action against Tribune-Review publisher Trib Total Media, two of its editors, and a John Doe defendant over comments posted to the unaffiliated VoyForums [2] site,  self-described as "a forum to talk about issues affecting the Pittsburgh media scene."

Roebuck used an unusual procedure which allows her to commence the action using a "writ of summons" without filing a complaint.  In a motion to extend time to file a complaint, Roebuck indicated that she intends to bring a libel action based on two statements posted on VoyForums [2] by an unknown person using the pseudonym "None."   The court granted Roebuck 60 days to conduct discovery in support of filing a complaint.

In February 2010, Roebuck served a subpoena [3] on VoyForums seeking documents showing the IP address for "None."  VoyForums posted a notice on its forum indicating that it would comply with the subpoena unless someone came forward to file a motion to quash within 30 days.

Defendants Trib Total Media, Frank Craig, and James Cuddy filed a motion to quash [4] the subpoena on March 26, 2010, and supplemented it with a brief [5] on April 5. The brief argues that the subpoena is a "nullity" because it was served on VoyForums, which is based in California, without issuing from a California court.  It also argues that Roebuck has not made the showing required to unmask a pseudonymous speaker under Melvin v. Doe, 49 Pa. D. & C. 4th 449 (Allegh. Co. 2000).