9
proceedings other than the pending suit, discovery properly is
denied.” /d. at 352 n.17.
Applying these same principles, we conclude that, as is
the case when a plaintiff seeks jurisdictional discovery with
respect to named defendants, a plaintiff pursuing discovery of
the sort AF Holdings seeks regarding unknown defendants
must “have at least a good faith belief that such discovery will
enable it to show that the court has personal jurisdiction over
the
defendant[s].”
CBS,
148
F.3d
at
1090.
Absent
such
a
threshold showing, there is little reason to believe that the
information sought will be “relevant to the subject matter
involved
in
the
action,”
as
Rule
26(b)(1)
requires.
The
identity of prospective defendants who cannot properly be
sued in this district can be of little use in a lawsuit brought in
this district. And again, as the Court stated in Oppenheimer,
“When the purpose of a discovery request is to gather
information for use in proceedings other than the pending
suit, discovery properly is denied.” 437 U.S. at 352 n.17
(emphasis added). Thus, in denying discovery where there is
no such good
impermissible
faith belief, a court would not be making an
“conclusive[]” determination on the merits of
the personal jurisdiction question. Anger, 791 F.2d at 958.
Instead, the court would be satisfying its Rule 26 obligation to
ensure that the scope of discovery is limited to issues actually
relevant to the litigation.
Here, we think
not possibly have
successfully sue the
Doe defendants in
under the District
along with the Due
GTE New
Media
it quite obvious that AF Holdings could
had a good faith belief that it could
overwhelming majority of the 1,058 John
this district. AF Holdings concedes that
of Columbia’s long-arm statute, which
Process Clause governs this question, see
Services Inc. v. Bellsouth
Corp.,
199 F.3d
1343, 1347 (D.C. Cir. 2000), the only conceivable way that
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