Subpoena from Mazda for Member records!?!?

[Antoine]

What a morning...My Mother calls me at 6 am and tells me someone has sent me a Subpoena for the release of forum "records" on Nicolas D Williams...My first thought was...Who the hell is Nicolas D Williams and WTF is going on here!?

According to the Subpoena...His username is nictlg7 and I just checked his profile...He hasn't visited the site since 2005!

Apparently the requesting party is no other than "Mazda Motors of America" or Mazda North America Operations.

The funny thing is...I HAVE NO IDEA WHO OR WHAT THIS IS ABOUT because I never received any prior contact about anything from anyone!

The info I have at this point is...

Defendant: Mazda Motors of America or MNAO

Plaintiff: Nicolas D Williams and Carolin M Geiger

Legal Coordinator: Eileen Faye

Lawyer: Jamie Web (sp?)

Some person mentioned without representation: Brian Takahashi (sp?)

Letter sent by: Associate Reproduction Services, Whittier CA

Court: Superior court of CA?

I will receive the actual Subpoena possibly tomorrow. I don't even know if this is legitimate as this is the FIRST time this has ever happened. Based on my experience on the forums, I believe it's widely accepted that basing any evidence on a "online forum" is highly unreliable and possibly not even legal..?

I would really appreciate any input from the members on this...especially those with legal experience. It appears to me that I'm basically being "asked" to forfeit "records" on one of my own members! My answer to that is HELL NO unless I know our rights as well as what exactly is going on here!?

Any support would be greatly appreciated...Thank You!

UPDATE:

CASE NAME: NICOLAS D WILLIAMS ET AL VS MAZDA NORTH AMERICA INC ET AL
Parties: DON KNOTT MAZDA/KIA - Def/Res,GEIGER CAROLYN M. - PL/PET,MAZDA NORTH AMERICA INC. - Def/Res,WILLIAMS NICOLAS D. - PL/PET
Attorneys: TAYLOR NORMAN F. LAW OFFICES OF - Attorney for PL/PET
Date Filed: 02/03/2006
Case Summary: http://superiorcourtregister.lacba.o...BC346893%20%20

I'd like to say...

You know...this really bugs me...The idea of any online community is to have a place to share ones experiences (both good and bad) with your fellow members for entertainment purposes!

I never thought the day would come where someone would have the audacity to Subpoena me for a Member's own content. Sad (notcool)

Mazda Forums represents over 35,000 members from all over the world and you can rest assured I'm going to let Mazda know exactly how I feel about this Subpoena!

 

[Antoine]

You said it buddy

From nictlg7's own sig:

- 2003.5 Titanium MazdaSpeed Protege Turbo -
Remember Mazda North America: what is said in the Forums is purely for entertainment purposes, and can not be used in a court of law! (eekdance)

 

[Antoine]

Subpoena...Got it...Thanks!

 

[nonameheroes]

yep...and antoine...its a court ordered legal document requesting information or whatever else they want/need...failure to release what they want can equal jail time for you.

 

[Andrewsmc]

wow im astonished.

 

[nonameheroes]

and another thing...from what i read on the info you posted...looks like Mr. Williams might be suing mazda probably based on warranty info...so MNAO is subpoena on possible things that might show where he could have voided warranty with modifications...thats my guess.

 

[Antoine]

Is it legal to request information from an online community based in Canada and myself living in Japan?

Also...All information posted by nictlg7 is public information. I have no access to this user's private messages or e-mails.

 

[Antoine]

and another thing...from what i read on the info you posted...looks like Mr. Williams might be suing mazda probably based on warranty info...so MNAO is subpoena on possible things that might show where he could have voided warranty with modifications...thats my guess.

I'm assuming this might be the "case"...

 

[nonameheroes]

where are the servers located?

 

[Antoine]

where are the servers located?

Canada (canada)

 

[moxnix]

Here is the case.
http://superiorcourtregister.lacba.org/dsp_caseFrameset.cfm?CaseNumber=BC346893
If that link does not work go to
http://www.lacba.org/showpage.cfm?pageid=6227
and click on "CASE NAME: NICOLAS D WILLIAMS ET AL VS MAZDA NORTH AMERICA INC ET AL"

 

[jersey_emt]

The servers are in Canada. However, where they were WHEN the posts were made may be of significance (we just moved to new servers & a new location).

 

[nonameheroes]

well...thats where it gets tricky. Because the user posted assumably from the US, the info will still be under subpoena cause his actions were in the US...despite the fact the servers are in canada. What I would do is when you get the actual subpoena in hand, it should have contact info for the attorney requesting it. Give them a call and find out what they want and go from there.

 

[Antoine]

Great...I have to call this guy overseas to tell him to "search" the forums?

 

[Nutari]

he has a myspace.

 

[nonameheroes]

more or less...but it also depends on what he wants. Thats why you need to call the guy and find out...but it should be listed in the subpoena itself as far as what exactly they want.

 

[Antoine]

Something along the lines of "records"...There are no "records". Everything you see is everthing you get!

I'm going to e-mail my contacts at MNAO and see if they can help to resolve this situation.

 

[moxnix]

I would guess they are looking for things along the lines of records of IP addresses that he accessed the boards from to "prove" who this user is.

 

[Antoine]

If that is the request...Do they have a right to request that information?

 

[s6m1l88]

Yes, you are legally obligated to turn over records. It is a court order.