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EFiled: May 11 2016 04:00PM EDT

Transaction ID 58993931
Case No. N16C-05-111 CLS

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE


IN AND FOR NEW CASTLE COUNTY
DAVID GRIMALDI,

)
)
Plaintiff,
)
)
v.
)
)
JANE DOE aka VERONICA
)
HOBSON aka VICTORIA
)
SUMMERS,
)
)
Defendant. )

C.A. No.
JURY TRIAL DEMANDED

EX PARTE MOTION TO FILE COMPLAINT AGAINST


JANE DOE DEFENDANT
1.

This is an action for defamation against an as-yet unidentified party

who had intentionally posted knowingly false and defamatory statements against
plaintiff on the Internet using pseudonyms.
2.

With the rise of the Internet has come the ability to commit certain

tortious acts, such as defamation, copyright infringement, and trademark


infringement, entirely on-lineIn such cases the traditional reluctance for
permitting filings against John Doe defendants or fictitious names and the traditional
enforcement of strict compliance with service requirements should be tempered by
the need to provide injured parties with [a] forum in which they may seek redress
for grievances. Columbia Ins. Co. v. seescandy.com, 185 F.R.D. 573, 578 (N.D.
Cal. 1999).

3.

Delaware law recognizes the practice of filing actions against

individuals engaging in anonymous defamation, and then utilizing discovery to


obtain the true identity. See Cahill v. Doe, 884 A.2d 451 (Del. 2005) (establishing
criteria to be applied in discovering identity of anonymous Internet poster).
4.

Contemporaneously with the filing of the Complaint and this motion,

plaintiff is filing an ex parte motion to seek pre-service discovery to unmask the


identity of the poster of the defamatory statements. That motion demonstrates good
cause to proceed with pre-service discovery to reveal the identity of the poster. In
the interim, and to enable the Court to approve pre-service issuances of subpoenas,
the Court should permit this action to be filed with a Jane Doe defendant.
WHEREFORE, for the foregoing reasons, plaintiff David Grimaldi
respectfully requests that the Court permit the filing of this action with a fictitious
defendant.
Respectfully submitted,

/s/ David L. Finger_______________


David L. Finger (ID #2556)
Finger & Slanina, LLC
One Commerce Center
1201 N. Orange St., 7th fl.
Wilmington, DE 19801
(302) 573-2525
Attorney for defendant
David Grimaldi
Dated: May 11, 2016

EFiled: May 11 2016 04:00PM EDT


Transaction ID 58993931
Case No. N16C-05-111 CLS

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE


IN AND FOR NEW CASTLE COUNTY
DAVID GRIMALDI,

)
)
Plaintiff,
)
)
v.
)
)
JANE DOE aka VERONICA
)
HOBSON aka VICTORIA
)
SUMMERS,
)
)
Defendant. )

C.A. No.
JURY TRIAL DEMANDED

[PROPOSED] ORDER GRANTING EX PARTE MOTION TO FILE


COMPLAINT AGAINST JANE DOE DEFENDANT
On this _____ day of _______________, 2016, having consider plaintiffs
submission and arguments, and having found good cause therefor, IT IS HEREBY
ORDERED that Plaintiffs Ex Parte Motion to File Complaint Against Jane Doe
defendant in GRANTED.

_______________________________
J.