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Non-party employer of anonymous posters lacked standing to oppose discovery order to reveal posters' identity.
In this case, plaintiff Matrixx Initiatives, Inc., sued a number of individuals for defamation and related claims after they had posted statements critical of Matrixx on Internet message boards. [Matrixx Initiatives, Inc. v. John Doe, No. H028699 (Cal. App. 4th 04/18/06).] Unable to identify two of the anonymous posters, Matrixx sought a discovery order compelling third parties Stephen L.Worthington and Barbary Coast Capital Management, LLC, to disclose the information.The superior court granted Matrixx's motion to compel answers to the deposition questions designed to discover the identity of the two posters.
Worthington and Barbary Coast appealed to the California Court of Appeal, contending that Matrixx had failed to demonstrate a sufficient basis for disregarding the First Amendment right to speak anonymously on the Internet. Matrixx responded that it had a right to discovery of the anonymous defendants' identity and added that appellants lacked standing to oppose the discovery order.
Matrixx is a pharmaceutical company that produces and sells…
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