In the ongoing Blake Lively lawsuit against Justin Baldoni and others, Hollywood is truly intersecting with eDiscovery. Most recently, Blake Lively sought to compel nonparty Mario Armando Lavandeira, Jr. (also known as Perez Hilton) to comply with a subpoena requesting discovery of social media–related ESI. Lively alleged that Lavandeira was one of several content creators who generated or influenced online and digital content on behalf of the defendants in connection with the film It Ends With Us. The subpoena aimed to obtain ESI such as digital communications, social media postings, and related records that could show coordination with the defendants’ publicity efforts.
Lavandeira moved to quash the subpoena in Nevada, his district of residence, and argued that the Southern District of New York lacked personal jurisdiction over him. The court agreed, holding that it could not compel production of ESI from a nonparty outside its jurisdiction unless the nonparty had consented or waived objections. The court found no such waiver and emphasized that Lavandeira’s limited filings—such as requests for sealing or protective orders—did not amount to consent to jurisdiction.
Because the subpoena sought discovery of digital and social media ESI, but personal jurisdiction was lacking, the court denied Lively’s motion to compel without prejudice, leaving disputes over Lavandeira’s ESI production to the Nevada court.
If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Nicole Gill, Chair, Managing Member CODISCOVR. With almost a decade of experience, she manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many domestic and foreign jurisdictions.
