IN RE: Ex Parte Application of MAN OF CREATION CO. (2026)

ORDER GRANTING EX PARTE APPLICATION FOR ORDER PURSUANT TO 28 U.S.C. § 1782 AUTHORIZING DISCOVERY FOR USE IN FOREIGN PROCEEDINGS

Re: Dkt. No. 1

Man of Creation Co., Ltd. seeks an ex parte order under 28 U.S.C. § 1782 authorizing it to obtain discovery from X Corp. to use in court proceedings in the Republic of Korea. Man of Creation is a company incorporated and doing business in the Republic of Korea. Application at 1. Man of Creation is suing an X user for defamation and insulting pursuant to Articles 750 and 741 of the Civil Act of the Republic of Korea. Application at 2. Man of Creation seeks discovery to identify the X user and serve that user with legal process in its civil case. Application at 2–3. The application is granted.

I. Man of Creation satisfies the requirements of 28 U.S.C. § 1782.

Man of Creation satisfies all three statutory requirements for this Court to authorize discovery under 28 U.S.C. § 1782: (1) the target must reside “or [be] found” in this district, (2) the discovery must be “for use in a proceeding in a foreign or international tribunal,” and (3) the application must be made by that tribunal or another “interested person.” Khrapunov v. Prosyankin, 931 F.3d 922, 925 (9th Cir. 2019). Man of Creation satisfies the first requirement because X has offices in San José and Palo Alto and therefore can be “found” in this district. See Dkt. No. 1-2, Declaration of Kyongsok Chong ¶¶ 6, 7. The second requirement is satisfied because the discovery sought is for use in Man of Creation's pending lawsuit in Seoul Central District Court in the Republic of Korea. Application at 2. The third requirement is satisfied because Man of Creation is an interested person as the plaintiff in those South Korean lawsuits. 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 Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 124 S.Ct. 2466, 159 L.Ed.2d 355, also favor granting Man of Creation'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, X is not a participant in the foreign proceeding. Man of Creation contends that “X is outside the Republic of Korea's jurisdictional reach, and hence, evidence available in the United States from X is unobtainable by [Man of Creation] absent Section 1782(a) aid.” Application at 6. Second, Man of Creation explains that “[t]here are no known restrictions imposed by, or any policies under, the laws 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. Third, there is no evidence to suggest that Man of Creation is attempting to circumvent foreign proof-gathering restrictions or other policies of a foreign country. Fourth, the information Man of Creation requests is narrowly tailored and neither unduly intrusive or burdensome. See Dkt. No. 1-2, Declaration of Kyongsok Chong ¶¶ 31–39. Accordingly, the Court grants Man of Creation's application.

IT IS HEREBY ORDERED that:

1. Man of Creation's application is GRANTED;

2. Man of Creation is AUTHORIZED to issue and serve on X a subpoena that is substantially similar to the proposed subpoena attached to the application as Exhibit A;

3. Man of Creation shall serve a copy of this order and each authorized subpoena on X, as 2 applicable;

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

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

6. If no motion to quash or modify the respective subpoenas is filed within the time period prescribed above, X, 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