Opinion
2:22-cv-00757-TL-BAT 2:22-cv-00758
06-15-2023
AMENDED ORDER GRANTING PLAINTIFFS' EX PARTE MOTION FOR EXPEDITED DISCOVERY AND SETTING DEADLINES FOR COMPLETION OF DISCOVERY AND SERVICE
BRIAN A. TSUCHIDA UNITED STATES MAGISTRATE JUDGE
Plaintiffs Amazon.com, Inc., Amazon.com Services LLC, and Spectrum Brands Pet LLC (collectively “Plaintiffs”) filed a Motion for Expedited Discovery. Dkt. 22. Having considered Plaintiffs' Motion, supporting declarations, balance of record, and finding good cause, it is hereby ORDERED:
1. Plaintiffs' motion (Dkt. 22) is GRANTED. Plaintiffs are granted leave, prior to the Rule 26(f) conference, to serve Rule 45 subpoenas to obtain information regarding Defendants' true identities, locations, and the scope of the alleged counterfeiting scheme from (1) Payoneer Inc.; (2) First Century Bank; (3) Wells Fargo Bank, N.A.;
(4) Bank of America N.A.; (5) Evolve Bank and Trust; (6) MetaBank, National Association; (7) Google LLC; 8) Microsoft Corporation; and (9) JPMorgan Chase Bank, N.A. To the extent Plaintiffs identify additional entities or individuals in subpoena responses as having responsive information related to the identity or location of the Defendants or other bad actors responsible for the illegal counterfeiting scheme alleged in the Complaint, Plaintiff will seek leave from the Court to serve additional Rule 45 Subpoenas on those entities or individuals.
2. Plaintiff shall complete the expedited discovery by August 31, 2023.
3. Plaintiff shall file a status report no later than September 18, 2023, 12:00 pm, Noon, Pacific Standard Time. The status report shall set forth the status of the ongoing criminal investigation of Defendants; state whether there are compelling reasons to continue sealing of this matter; and the status of discovering the location of Defendants so they can be served. If a further extension is requested, Plaintiffs shall set forth the reasons.