Lefkoe v. Jos. A. Bank Clothiers, Inc.

Reply Memorandum In Support of Motion to Quash Subpoena


The Doe Client was a nonparty witness to the underlying class action securities litigation pending in the District of Maryland against Jos. A. Bank Clothiers, Inc. (“Jos. A. Bank”). Jos. A. Bank served a subpoena issued by the District of Massachusetts seeking, among other things, the Doe Client’s identity. The Doe Client moved to quash the subpoena on various grounds, including by asserting a First Amendment right to remain anonymous. After Jos. A. Bank’s counsel obtained the Doe Client’s identity in a sealed deposition in Massachusetts, Jos. A. Bank moved in the District of Maryland to unseal the deposition transcript. The District of Maryland ordered the Doe Client’s identity partially unsealed and the Doe Client appealed that ruling to the Fourth Circuit. The Fourth Circuit affirmed.

Published decision: Lefkoe v. Jos A. Bank Clothiers, Inc., 577 F.3d 240 (4th Cir. 2009).

I prepared all initial drafts of all court papers filed by the Doe Client in this matter, including in the Fourth Circuit (Case No. 08-2059), the District of Maryland (Case No. 06-cv-01892), and the District of Massachusetts (Case No. 08-mc-10089).

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Procedure Updates, Constitutional Law Updates, Privacy Updates, Securities Updates

Reference Info:Legal Memoranda: Discovery Motions | Federal, 1st Circuit, Massachusetts | United States