FB Select LLC v. Ocean Blue Trading LLC

Background

FB Select LLC, doing business as Front Row Group, sued Ocean Blue Trading LLC and John Does 1–10. The motion addressed in the order sought permission to conduct discovery before the parties held the conference required by Federal Rule of Civil Procedure 26(f).

Motion and Plaintiff’s Position

FB Select asked to serve a subpoena under Rule 45 on Ocean Blue. It sought the identities of Ocean Blue’s principals and the suppliers allegedly providing Ocean Blue with Klaire Products for resale. FB Select asserted that it was the exclusive Amazon distributor for those products and that Ocean Blue’s suppliers were violating supplier agreements by selling to an unauthorized reseller. FB Select also asserted that it had tried to obtain the information through cease-and-desist letters, emails, and telephone calls but had been unsuccessful.

The motion argued that courts may allow discovery before the Rule 26(f) conference when a plaintiff shows good cause, particularly when the discovery is needed to identify unknown defendants. FB Select said the requested information would allow it to identify and add parties to the case and protect the Klaire brand, Front Row’s interests, and consumers.

Ruling

Judge P. Kevin Castel denied the application without prejudice to renewal at the initial conference. The order did not authorize the requested early discovery, and the opinion text does not state the court’s reasons for denying the application. The order was signed and dated November 12, 2024.