IN RE: Ex Parte Application of the BORN KOREA (2026)

ORDER GRANTING EX PARTE APPLICATION FOR ORDER PURSUANT TO 28 U.S.C. 1782 AUTHORIZING DISCOVERY

Re: Dkt. Nos. 1, 6

The Born Korea, Co. Ltd. seeks an ex parte order pursuant to 28 U.S.C. § 1782 authorizing it to obtain documents from Google LLC to use in a civil proceeding in the Republic of Korea. The Born Korea is incorporated in the Republic of Korea with its principal office in Seoul. Application at 1. The Born Korea contends that an anonymous YouTube user uploaded 30 videos that defame The Born Korea. Application at 1–2. The Born Korea filed a civil lawsuit against the YouTube user in Seoul for defamation and business interference. Application at 2. The Born Korean now asks this Court for limited discovery from Google to identify those individuals. The applications is granted.

I. The Born Korea satisfies the requirements of 28 U.S.C. § 1782.

The Born Korea satisfies all three statutory requirements for this Court to authorize discovery under 28 U.S.C. § 1782: “(1) the person from whom the discovery is sought ‘resides or is found’ in the district of the district court where the application is made; (2) the discovery is ‘for use in a proceeding in a foreign or international tribunal’; and (3) the application is made by a foreign or international tribunal or ‘any interested person.’ ” Khrapunov v. Prosyankin, 931 F.3d 922, 925 (9th Cir. 2019). The Born Korea satisfies the first requirement because “Google is a Delaware limited liability company with its principal office at 1600 Amphitheatre Parkway, Mountain View, California 94043.” Application at 2. The second requirement is met because the discovery sought is for use in a pending lawsuit in the Seoul Central District Court in the Republic of Korea. Application at 2. The third requirement is satisfied because The Born Korea is an interested person as the plaintiff in its South Korean lawsuit. See Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 256, 124 S.Ct. 2466, 159 L.Ed.2d 355 (2004).

II. The Intel factors favor granting the application.

The discretionary factors identified in Intel Corporation v. Advanced Micro Devices, Inc., 542 U.S. 241, 124 S.Ct. 2466, 159 L.Ed.2d 355, also favor granting The Born Korea's application. The four Intel factors are (1) whether the entity from whom discovery is sought is a participant in the foreign proceeding; (2) the nature of the foreign tribunal, the character of the proceedings, and the receptivity of the tribunal to judicial assistance by this Court; (3) whether the request conceals an attempt to circumvent foreign proof-gathering restrictions or other policies of a foreign country or the United States; and (4) whether the request is unduly intrusive or burdensome. 542 U.S. at 264–65, 124 S.Ct. 2466.

All four Intel factors favor authorizing discovery here. First, Google is not a participant in the foreign proceeding in Seoul. The Born Korea argues that “Google is outside the Republic of Korea's jurisdictional reach, and hence, evidence available in the United States from Google is unobtainable by [The Born Korea] absent Section 1782(a) aid.” Application at 6. Second, The Born Korea explains that there “are no known restrictions imposed by, or any policies under, the law of the Republic of Korea limiting U.S. federal court judicial assistance, and courts in the Republic of Korea are receptive to assistance in discovery by United States federal courts, including for discovery of PII of individuals posting anonymous online statements.” Application at 6–7. Third, there is no evidence that The Born Korea is trying to circumvent foreign proof-gathering restrictions or policies. See Application at 7. Fourth, the information The Born Korea requests is narrowly tailored and not unduly intrusive or burdensome. See Declaration of Kyonsok Chong, in Support, Dkt. No. 1-2 ¶¶ 21-37. Accordingly, the Court grants The Born Korea's application.

IT IS HEREBY ORDERED that:

1. The Born Korea's application is GRANTED.

2. The Born Korea is AUTHORIZED to issue and serve on Google a subpoena that is substantially similar to the proposed subpoena attached to the application as Exhibit A. Dkt. No. 1.

3. The Born Korea shall serve a copy of this order and each authorized subpoena on Google, as applicable.

4. No later than 10 days after service of the subpoenas, Google shall notify all account users whose personal identifying information is affected by the subpoena that their identifying information is being sought by The Born Korea;

5. Google and each account user whose information is sought may file no later than 21 days after service or notice, as application, a motion to quash or modify the subpoena; and

6. If no motion to quash or modify the respective subpoenas is filed within the time prescribed above, Google, as applicable, shall disclose the information sought by the respective subpoenas within 3 days after the expiration of the prescribed time period.

IT IS SO ORDERED.

P. Casey Pitts, United States District Judge