On May 16, 2019, Respondent The RealReal, Inc. (“TRR”) produced the names, city and state of residence for 20 out of the 154 items identified in the Petition as being stolen from me, and subsequently listed for sale on TRR website (the “Initial Production”).

Despite being severely and unfairly handicapped by the incompleteness of the Initial Production, I did discover that I know at least three of the twenty listed consignors, and can connect another to a potential suspect.

With the production of the remaining discovery sought in the Petition, the investigation into the subject thefts can be performed properly and without my proverbial hand tied behind by back, as TRR frantically seeks to keep it.

Aside from being irrelevant to my right to obtain the pre-action discovery I seek, it is simply a red herring and ignores the reality that thieves using the intemet have multiple alias's and even recruit unknowing victims to sell their stolen merchandise.

This position was affirmed by the Appellate Division in its ruling that I am entitled to discovery of the information sought in the Petition because it is material and necessary.

As a threshold matter, petitioner asserts that none of the information requested in her CPLR 3102 petition is confidential.

In the matter of the Application of Jessica Delgrange, Petitioner, For an Order pursuant to Section 3102(c) of the Civil Practice Law and Rules to compel disclosure pre-action from: The RealReal, Inc. and Marc Jacobs International,

Respondents, of the identity of the defendants John Doe and/or Jane Doe being unknown to the petitioner, in an action about to be commenced.

ORDER PURSUANT TO C.P.L.R.

§ 3103(a) PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law, dated April 2, 2019, and the affirmation of Laura E. Harris and the exhibits attached thereto, Respondent The RealReal, Inc. will move this Court on April 19, 2019 at 9:30 am or as soon thereafter as possible, in the Motion Submissions Part, Room 130, of the Supreme Court, New York County, 60 Centre Street, New York, New York, 10007 for a Protective Order pursuant to CPLR 3103(a), and for such other and further relief as the Court may deem just and proper.

PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b), Petitioner’s papers in opposition, if any, are required to be served on the undersigned at least seven days before the return date of this motion.

In support of her Petition, Petitioner argued that, in reviewing the product pages for the 153 disparate items she identified on TRR’s website, she “came to feel that [she] was literally looking into [her] own closet,” Reply Affidavit of Jessica Delgrange, Doc.

Tr. at 18-19 (Petitioner “consent[ing] to certain forms of confidentiality” provided she has “the ability to use them in connection with our investigation and the pursuit of any civil litigation that may follow”); id. at 25 (representing “I’m not going to show up at [the consignors’] house[s] on Sunday morning, you know, to see if they want to have bagels with me”); id. at 26 (acknowledging production “subject to the confidentiality provisions ... stated on the record”).

This notice requirement comports with TRR’s commitment to its users in its Privacy Policy: “In the event that we are legally compelled to disclose your personal information to a third party, we will make reasonable efforts to notify you unless doing so would violate the law or court order.” Logie Aff.

New York law is clear that “a party does not have the right to ‘uncontrolled and unfettered disclosure.’ ‘[T]he supervision of disclosure and the setting of reasonable terms and conditions therefor rests within the sound discretion of the trial court,’ which has ‘broad power to regulate discovery to prevent abuse.’” Merkos L’Inyonei Chinuch, Inc. v. Sharf, 873 N.Y.S.2d 145, 147 (2d Dep’t 2009) (alteration in original) (citations omitted).

2001); accord Lazan v. Bellin, 464 N.Y.S.2d 191, 192 (1st Dep’t 1983) (granting protective order where “the documents sought indisputably included the names of other patients of the defendant whose legitimate claims to privacy should not be infringed in the absence of a more significant showing of need than any that appears in this record”).

In the matter of the Application of Jessica Delgrange, Petitioner ' For Civil an Order Practice pursuant Law to Section and Rules to 3102(c) compel of the disclosure pre-action from: The RealReal, Inc. and Marc Jacobs Intemanonal,

to the petidoner, in an being about of the Jane identity Doe an action Index No.: 161557/2018

attorney duly to practice New York, affirms the following under penalty of perjury:

I submit this affirmadan in further support of Petitioner's order to show cause seeking pre-action disclosure pursuant to CPLR §3102(c)

Annexed hereto respectively as Exhibits 1&2 are copies of proposed subpoenas to be served on The RealReal Inc. and Marc Jacobs Intemational,

New York held in and for the County of New York atLl TH OMPS 37—- on the 2:7 T'Hday ofQg f, 2018 Petitioner, For an Order pursuant to Section 3 l 02(c) of the Civil Practice Law and Rules to compel disclosure pre-action from: Index No.

The RealReal, Inc. and Marc Jacobs International, LLC, Motion Seq.

No. 1 Respondents, =1: l (0 l 55?/ l 8 of the identity of the defendants John Doe and/or Jane Doe being unknown to the petitioner, in an an action about to be commenced __________________________________________________________________x UPON the reading and filing of the Verified Petition, dated November 26, 20 I 8, the exhibits annexed thereto, and Petitioner’s Memorandum of Law in support of same, it is: ORDERED, that Respondents show cause at the Supreme Court of the State of

compelling pre-action disclosure by Respondent The ReaIReal, Inc. of complete and accurate copies of all documents containing information as to the identity ofthe unknown individual or individuals(s) who posted the l54 items of merchandise for sale on The RealReal, Inc. website that are reflected in Exhibit B of the Verified Petition, and it is .

FURTHER ORDERED, that Respondents show cause why an order should not be issued pursuant to CPLR § 3102(c), compelling pre-action disclosure by Respondent Marc Jacobs lntemational, LLC of complete and accurate copies of all receipts for merchandise purchased by Jessica Delgrange between January 2003 and December 2014.

Yet none of the circumstances cited and 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 08:03 PM NYSCEF DOC. NO.

... individuals to harassment may somehow be in the public interest because those indi- viduals are “the rich and famous” and not the “public,” but that argument finds no support in common sense or the law, and Respondent cites none.

None of these requirements are remotely present here, and the May 2 Order also lacks the “finality” required by the Court of Appeals.

And most TRR's it to disclose its importantly, privacy policy expressly permits consignor's identities in response to a subpoena, which is precisely the circumstance here.

And its of the information she arguments and proposed restrictions on Delgrange's use seeks, demonstrate that TRR is improperly attempting to insulate itself from liability because there are indications that it is, wittingly or unwittingly, involved in an internet "fencing' operation by providing thieves with an active marketplace to anonymously sell stolen goods.

The fact unique combination of the RealReal Stolen Merchandise was listed for sale on TRR's website within a very short time frame, makes it nearly impossible that at least many of them were not the items from Delgrange's collection

To be itis the unique combination of the designs of which span clear, highly items, many years and many collections that appeared on TRR's website over a very short period of time which led Delgrange to her conclusions, which were all set forth in her petition

However, even a cursory review of that all TRR's privacy policy reveals each consignor effectively waives virtually notions of confidentiality and consents disclosure to Delgrange under these circumstances.

International, LLC Original Status Petitioner Respondent Respondent Appellate Appellant Respondent None Division Status No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Informational Statement - civil 5 of 10 FILED: NEW YORK ...

For an Order pursuant to Section 3102(c) of the Civil Practice Law and Rules to compel disclosure pre-action from: The RealReal, Inc. and Marc Jacobs International, LLC,

of the identity of the defendants John Doe and/or Jane Doe being unknown to the petitioner, in an an action about to be commenced

UPON the reading and filing of the Verified Petition, dated November 26, 2018,

Respondents, the exhibits annexed thereto, and Petitioner’s Memorandum of Law in support of same, it is: ORDERED, pursuant to CPLR 3102(c), that the The RealReal, Inc. produce complete and accurate copies of all documents containing information as to the identity of the unknown individual or individuals, including but not limited to the names, addresses, telephone numbers, electronic mail addresses, Internet Protocol (IP) address(es), Media Access Control (MAC), internet connection logs, billing and/or payment information, account history including date and time of account creation, and any other information relevant to identifying the person(s) who posted the 154 items of merchandise for sale on The RealReal, Inc. website that are reflected in Exhibit B of the Verified Petition, and it is FURTHER ORDERED, pursuant to CPLR 3102(c), that Marc Jacobs International, LLC produce complete and accurate copies of all receipts for merchandise purchased by Jessica Delgrange between January 2003 and December 2014, and it is FURTHER ORDERED, that the above-referenced complete and accurate copies be delivered by the day of

, 2018 to the offices of Law Offices of Joseph Sullivan, PLLC, counsel for Jessica Delgrange, 40 Wall Street, 28th Floor, New York, New York 10005.

Supreme Court of the State of New York, held in and for the Jessica Delgrange,

For an Order pursuant to Section 3102(c) of the Index No. Civil Practice Law and Rules to compel disclosure

Respondents, the exhibits annexed thereto, and Petitioner’s Memorandum of Law in support of same, it is: ORDERED, that Respondents show cause at the Supreme Court of the State of New York, New York County, before the Honorable

, why an order should not be issued, pursuant to CPLR § 3102(c), compelling pre-action disclosure by Respondent The RealReal, Inc. of complete and accurate copies of all documents containing information as to the identity of the unknown individual or individuals(s) who posted the 154 items of merchandise for sale on The RealReal, Inc. website that are reflected in Exhibit B of the Verified Petition, and it is

FURTHER ORDERED, that Respondents show cause why an order should not be issued pursuant to CPLR § 3102(c), compelling pre-action disclosure by Respondent Marc Jacobs International, LLC of complete and accurate copies of all receipts for merchandise purchased by Jessica Delgrange between January 2003 and December 2014.

For an Order pursuant to Section 3102(c) of the Civil Practice Law and Rules to compel disclosure pre-action from: The RealReal, Inc. and Marc Jacobs International, LLC,

The factual circumstances giving rise to this application, which are more fully set forth in the Verified Petition dated November 26, 2018 (the “Petition”), submitted herewith, are as follows.

Specifically, under CPLR § 3102(c), pre-action discovery is appropriate when the information sought is required to identify potential defendants.

Courts may also grant pre-action discovery “to obtain facts not within the petitioner’s knowledge in order to determine the form that the action should take in framing the complaint.” Public Relations Society of America, Inc. v. Road Runner High Speed Online, 8 Misc.3d 820, 822 (Sup.

In order to establish a conversion claim, a plaintiff must show that he had "an immediate superior right of possession to the identifiable fund and the exercise by defendants of unauthorized dominion over the money in question to the exclusion of plaintiff's rights" ( Bankers Trust Co. v. Cerrato, Sweeney, Cohn, Stahl & Vaccaro, 187 A.D.2d 384, 385, 590 N.Y.S.2d 201).

If none, leave blank.

For an Order pursuant to Section 3102(c) of the Civil Practice Law and Rules to compel disclosure pre-action from: The RealReal, Inc. and Marc Jacobs International, LLC,

Petitioner Delgrange, a personal stylist and former sales person at Marc Jacobs, is a fashion collector who has collected numerous fashion pieces and luxury items, including clothing, hats, and bags, as an investment for more than a decade.

Attached hereto as Exhibit B is a proposed order commanding The RealReal to disclose identifying information concerning approximately 154 items of merchandise attached as Exhibit A, stolen from Delgrange and commanding Marc Jacobs to produce copies of the receipts of all merchandise purchased by Delgrange from Marc Jacobs between 2003 and 2014.

Jessica Delgrange WHEREFORE, it is respectfully requested that an order be issued pursuant to CPLR § 3102(c), for pre-action disclosure, and compelling Respondent The RealReal to identify the posters who posted Delgrange’s stolen merchandise on its website and to compel Respondent Marc Jacobs to produce copies of the above-described receipts, together with such other and further relief as the court deems proper.

4 JESSICA DELGRANGE, being duly sworn, deposes and says under penalties of perjury - That I am the petitioner in this proceeding, that I have read the foregoing petition and know the contents thereof, that the same is true to my knowledge, except as to matters therein stated to be alleged on information and belief, and that as to those matters I believe them to be true.