Drip Drop Hydration, Inc. v. John Does 1-10
- Thomas Hixson
- 3:22-cv-04744
- U.S. District Court · Northern District of California
- 2
In Drip Drop Hydration v. John Does, Judge Hixson granted permission to subpoena Amazon for suppliers’ names and addresses before discovery began.
Drip Drop Hydration, Inc., Amazon.com LLC, Amazon.com Services, LLC, their subsidiaries and affiliates, and the suppliers whose identifying information may be requested.
What happened
In Drip Drop Hydration, Inc. v. John Does 1-10, Drip Drop asked to serve Amazon with a subpoena before the parties held the required early case-management conference.
The court found good cause and allowed Drip Drop to seek suppliers’ true names and addresses from Amazon. The information may be used only to protect and enforce Drip Drop’s rights in its complaint. Amazon must notify each supplier, and Amazon and each supplier have 30 days to challenge the subpoena.
Judge Thomas S. Hixson issued the order granting the motion on August 19, 2022. If no supplier challenges the subpoena within 30 days, Amazon must provide the responsive information within 10 days.
The detailed version
- Drip Drop Hydration, Inc. v. John Does 1-10 · No. 3:22-cv-04744
- Thomas Hixson
- Aug. 19, 2022
Background
Drip Drop Hydration, Inc. filed an ex parte application, meaning an application made without a prior hearing involving the opposing parties, for permission to serve Amazon with a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena sought the true names and addresses of suppliers from whom Amazon acquires Drip Drop products for resale.
Ruling
The court found that Drip Drop had shown “good cause” for early discovery and granted the motion. Drip Drop may serve a Rule 45 subpoena on Amazon.com LLC, Amazon.com Services, LLC, and their subsidiaries and affiliates. A copy of the order must accompany the subpoena.
Limits and Procedure
Drip Drop may use information obtained through the subpoena only to protect and enforce the rights described in its complaint. Amazon must serve the subpoena and the order on the supplier by reasonable means, including written notice sent to the supplier’s last known address by first-class mail or overnight service.
Each supplier and Amazon has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or change it. If that period expires without a supplier contesting the subpoena, Amazon has 10 days to produce the responsive information concerning that supplier. Amazon must preserve the subpoenaed information until it provides the information to Drip Drop or a timely challenge is finally resolved.
Judge Thomas S. Hixson signed the order on August 19, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.