Alkateeb v. Does [1]

Naji A. Alkateeb and Deanna R. Wilson-Alkateeb filed a "John Doe" lawsuit in federal district court in New York in May 2005. According to court documents, several anonymous Internet users(using Google and Hushmail email addresses) allegedly postedinsulting comments, threats, and personal information related to theAlkateebs on the forum sections of two websites: TheKnot.com [2] and Photobucket.com [3]. Certain unknown defendants also allegedly sent defamatory emails to third parties, including the plaintiffs' extended family. The Alkateebs sued for defamation, invasion of privacy (through publication of private facts), and intentional and negligent infliction of emotional distress.

After filing suit, the Alkateebs subpoeanaed The Knot, Photobucket, Google, and Hushmail for information that would reveal the identities of the anonymous posters. Three anonymous defendants received notice of the subpoena and moved to quash, and Public Citizen filed an amicus brief [4], in which it argued that the First Amendment protected the defendants' right to speak anonymously. Public Citizen also argued that the plaintiffs had not shown that jurisdiction was proper either in federal court or in New York. Apparently the court allowed some of the subpoenas to issue.

The Alkateebs filed an amended complaint in September 2005, in which they named the Knot, Inc. and four individuals as defendants. On Jan 31, 2006, the Alkateebs filed a motion to voluntarily dismiss the complaint without prejudice. The court granted the motion as to all defendants except the defendants who had already moved to dismiss for lack of jurisdiction. When the plaintiffs did not respond within thirty days to the motion to dismiss for lack of jurisdiction, the court dismissed the lawsuit against the final three defendants with prejudice.