The Civic Node

Doe v Bonnell ECF216 — Plaintiff Rule 56(d) Motion to Defer MSJ

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Summary

Plaintiff’s February 13, 2026 motion under Rule 56(d) asking the court to deny or defer Bonnell’s MSJ (ECF 210) on the grounds that critical discovery remains outstanding. Rather than file a substantive opposition to the MSJ, Plaintiff argues that she cannot present facts essential to justify her opposition because: (1) Bonnell was never deposed (his deposition was stayed on November 5, 2025 by the Court’s order); (2) Melina Göransson (Bonnell’s ex-wife in Sweden) has not been deposed despite a pending Hague Convention letter; and (3) Bonnell’s document production remains deficient and bears indicia of tampering that still need to be explored. Plaintiff asks for denial without prejudice or, alternatively, a two-week extension to oppose the MSJ.

Key Points

  • The Stay Order (ECF 167, November 5, 2025) prevented Bonnell’s deposition from proceeding before the December 16 discovery cutoff.
  • Plaintiff argues she was diligent: Bonnell’s deposition was confirmed for November 6, 2025 (ECF 163-5); only the deposition scheduling dispute (ECF 163) and resulting stay blocked it.
  • Melina Göransson (Bonnell’s ex-wife, Sweden): Hague Convention letter was sent to the U.S. Department of State and submitted to Swedish Ministry of Justice in mid-December 2025; deposition not yet scheduled. Plaintiff argues Göransson would corroborate Plaintiff’s allegations, testify about Bonnell’s character, and potentially identify other women to whom Bonnell transmitted explicit content. The Court granted leave to depose her (ECF 166).
  • Bonnell’s document production: first production September 12, 2025 (7 days late); Plaintiff sent four deficiency letters (September 18, October 17, October 24, November 18); third production November 25 still deficient. Plaintiff could not get a December 18 discovery hearing because defense counsel claimed unavailability.
  • Forensic tampering / spoliation: Plaintiff’s expert Peña identified indicia of alteration in Bonnell’s productions (Exhibits E and F to ECF 213). Plaintiff needs Bonnell’s deposition to test preservation methods before bringing a spoliation motion; a spoliation finding could create an adverse inference regarding the Abbymc transmission.
  • Exhibit E (Excel spreadsheet of media files Bonnell sent Abbymc): Plaintiff argues this was “artificially created” for litigation, not preserved data; timestamps show file creation dates that postdate the alleged transmission dates — a specific inconsistency.
  • Bonnell’s conflicting preservation accounts: at the preliminary injunction hearing he said he used “online platforms” to request chat exports; his declaration says he used “Discord Log Exporter”; his livestream admits he was “reconstructing” data.
  • Eight pending motions are listed at the time of filing (February 2026), including the MTD, protective order, two sets of sanctions motions, the scheduling modification motion, and a confidentiality designation dispute.
  • Alternative relief requested: if the court denies the Rule 56(d) motion, Plaintiff seeks a two-week extension to file a substantive opposition.

Newsletter Angles

  • Rule 56(d) as a strategic alternative to opposing summary judgment: filing a substantive opposition would risk “waiving the protections afforded by Rule 56(d)” per Burns v. Town of Palm Beach — so Plaintiff made a calculated choice not to oppose the MSJ directly.
  • The Göransson deposition thread: Bonnell’s ex-wife in Sweden has been a peripheral figure since early in the case; her potential testimony about Bonnell’s character and conduct with other women represents a significant wildcard that Plaintiff has been trying to access for months.
  • The “process is the punishment” thesis in action: Plaintiff built a case where the merits fight depends on discovery that she was unable to complete — and her inability to complete it was itself shaped by earlier procedural failures (the deposition no-show triggering the stay).

Entities Mentioned

Concepts Mentioned

  • Reachability Routing — the Discord CDN theory still alive; Plaintiff needs Bonnell’s deposition to ask him about deletion timing
  • Catfishing as Legal Gap — implicitly present; the Abbymc disclosure question still unresolved

Quotes

“A finding of spoliation could result in an adverse inference regarding Defendant’s disclosure of the Video to Abbymc, which would not only defeat summary judgment, but also support Plaintiff’s punitive damages claim.” — ECF 216 at 9

“Exhibit E purports to list MP4 files transmitted to Abbymc, including file names, creation dates, and transmission dates; yet the file names reflect creation timestamps that postdate the alleged transmission dates.” — ECF 216 at 10

Notes

  • Filed two weeks after the MSJ (January 30, 2026), exactly two months after the close of discovery — a timing that Bonnell’s opposition (ECF 218) argues proves Plaintiff’s lack of diligence.
  • Bonnell’s opposition (ECF 218) argues Plaintiff had ample time for discovery, that the deposition scheduling failure was Plaintiff’s own fault (no-show on November 3), and that the Rule 56(d) motion relies on vague assertions rather than specific facts demonstrating how the sought discovery would defeat summary judgment.
  • As of ECF 235 (April 17, 2026), neither the MSJ nor the Rule 56(d) motion had been ruled on.

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