Doe v. City of San Diego, No. 12-cv-0689-MMA (DHB), 2013 WL 2338713 (S.D. Cal. May 28, 2013)

Key Insight: Court found plaintiff had standing to challenge city?s subpoena to Verizon Wireless seeking ?any and all records? for Plaintiff?s cellular phone, including texts, instant messages, etc. and found that Verizon was prohibited from disclosing such content by the Federal Stored Communications Act; Verizon was also prohibited from disclosing non-content records where such disclosure to a ?governmental agency? is prohibited; court noted that alternative methods for discovery were available and specifically noted the availability of a Rule 34 request for production

Nature of Case: Claims arising from sexual assault

Electronic Data Involved: Cellular phone records, including content