Because relevance is evaluated as part of a proportionality analysis of the requested discovery, the merits of the claim are considered. Jaime Edmondson grew up splitting her time between quiet Southern Georgia and bustling South Florida. They argue that courts routinely permit discovery of customer and member lists to prove customer confusion or deception, and they say there is no colorable argument that they are seeking the discovery for any reason other than to prove their claim. Therefore, the Undersigned will conduct the balancing after receipt of additional information. Plaintiffs say that half the swingers' club members here purportedly does not care if their identities are disclosed, but, even if true, that argument ignores the point that the other half apparently does care and perhaps very much so about keeping their atypical lifestyle confidential.
They further allege that Defendants posted their misappropriated and altered images next to, or in very close proximity to, photos of explicit, hardcore pornography which are too obscene and offensive to include as exhibits to a publicly-filed complaint. They say the information is protected by the First Amendment's associational privilege and that the disclosure is reasonably likely to harm the members and also harm Defendants themselves because they have promised to keep the information confidential. Because relevance is evaluated as part of a proportionality analysis of the requested discovery, the merits of the claim are considered. They say the purported relevance of the lists "requires a quantum leap of faith, one which has no basis in reality. But what causes Plaintiffs to assume that responses would actually be forthcoming? Now she finds herself living out one of her fantasies. Men who wear bedazzled clothing and men who are easliy offended. In addition, they note that Defendants have failed for more than two months to sign the Confidentiality Agreement which Plaintiffs say will adequately protect any Club member's privacy rights without undermining the member's privilege of association. If the members are unlikely to remember anything, then the rationale for the disclosure of their identities would dissipate. On the other hand, I am not conclusively determining that they are outside the scope of discovery. In theory, this might seem logical. Absent a valid, binding, final order form a court of appropriate jurisdiction, you agree not to reveal the identity of any members or guests of Miami Velvet for any reason whatsoever, including but not limited to the sale of names of any members or guests of Miami Velvet. Jaime Edmondson loves Miss Molly, her miniature dachshund. Further, you agree not to disclose the activities or events that occur at Miami Velvet to any non-members of Miami Velvet. In the dismissal Order, Judge Lenard unequivocally held that Plaintiffs "have not — and likely cannot — state a claim for false advertising under the Lanham Act. It is at this point that the Undersigned will factor in Defendants' arguments that the information sought is protected by the First Amendment's Associational Privilege, 9 the so-called "zones of privacy" and the trade secrets' doctrine. They first met at a Playboy Mansion party where Heather, then the new Playboy Playmatefor February , followed our Miss January by just a month! The Parties' Positions Plaintiffs stress their need to obtain relevant sociographic and demographic audience information to demonstrate that those who attended the Club decided to participate in the events advertised there based in part on the content of the advertisements reflecting Plaintiffs' images. However, it is permissible to determine whether the stated need for the lists is proportional to the needs of the case — and that evaluation allows an evaluation of the logic underlying Plaintiffs' request for the lists. Procedural and Factual Background Filed by 32 Plaintiffs, the initial Complaint was pages, containing 4, paragraphs. Plaintiffs say they need the information to perform polls and surveys, but Defendants challenge the logic of that purported rationale in this specific factual setting. As described below, the Undersigned orders the parties to submit essential, additional information that will help the Undersigned perform the competing interests' evaluation. If the poll recipients understand that they are not obligated to respond and further realize that responding might cause them to be served with a deposition subpoena, then would they likely complete and return the survey? Pursuant to this framework, the Undersigned notes that Judge Lenard initially dismissed the sole Lanham Act sua sponte with language which places the post-Order Amended Complaint in doubt. The parties are participating in discovery [ECF No.
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