|A federal judge denied a request by Mikohn Gaming Corp. to subpoena records from Yahoo! Inc. to identify the parties who allegedly posted numerous `horrific, awful and embarrassing’ defamatory messages on the Yahoo! Internet site about the personal life of a top executive.|
Mikohn, a Las Vegas-based casino supplier, told the judge that previous efforts to take legal action on behalf of the executive, who they did not name, were blocked by message board host Yahoo!
The individuals are only known as their screen names ‘thechosenoneee,’ and ‘rich-the-loser’.
Yahoo! refused to release the individuals' real identities -- or the IP addresses of their computers -- without a valid subpoena.
But U.S. District Judge Larry Hicks denied Mikohn's request for that subpoebna, saying it was inappropriate.
'It (the civil rule) properly applies only in that special category of cases where it is necessary to prevent testimony from being lost,' he said.
Hicks also said Mikohn failed to show that the contemplated defamation lawsuit is a federal claim.
'As Mikohn asserts that it contemplates filing a defamation action, a state claim, it must show that conditions for diversity jurisdiction will be met,' he wrote in the ruling.
Mikohn officials could not be reached for comment on whether it will continue to pursue the case.