In re Texaco, Inc.

By Judge James H. Chamblin

This matter is before the Court on the Amended Petition for Perpetuation of Testimony filed by Texaco, Inc., pursuant to Va. Sup. Ct. Rule 4:2. After consideration of the Petition, the written opposition of America Online, Inc. (AOL), the argument of counsel on March 3, 2000, and the memoranda filed by counsel, the Petition is denied.

Texaco seeks an order pursuant to Rule 4:2 directing AOL to produce documents or, if necessary, a corporate designee for deposition testimony for the purpose of showing the identity of an AOL subscriber with a certain e-mail address.…