Nordic Naturals, Inc. v. John Does 1-50
- Donna Ryu
- 4:23-cv-02606
- U.S. District Court · Northern District of California
- 2
In Nordic Naturals v. John Does, Judge Ryu denied without prejudice Nordic Naturals’ request to serve an early subpoena without supporting evidence.
Nordic Naturals, Inc.’s request for early discovery was denied without prejudice. The order concerned its proposed subpoena seeking information that could help identify John Does 1-50.
What happened
Nordic Naturals, Inc. asked to serve a third-party subpoena before the parties’ required Rule 26(f) conference in its case against John Does 1-50.
The company said it had taken steps to identify the defendants, but it did not provide evidence supporting those statements or describing its investigation.
In Nordic Naturals, Inc. v. John Does 1-50, Judge Donna Ryu denied the motion without prejudice, allowing Nordic Naturals to refile it with supporting evidence that complies with the court’s local rules.
The detailed version
- Nordic Naturals, Inc. v. John Does 1-50 · No. 4:23-cv-02606
- Donna Ryu
- July 13, 2023
Background
Nordic Naturals, Inc. filed an ex parte motion—one made without waiting for the opposing parties’ participation—for permission to serve a third-party subpoena before the Rule 26(f) conference. The proposed subpoena was attached to a declaration.
Court’s reasoning
The court’s local rules require factual statements supporting a motion to be backed by an affidavit or declaration and appropriate references to the record. Nordic Naturals asserted that it had taken steps to locate the defendants, including investigating their names and identities, but it provided no evidence of that investigation or of the other factual statements in its motion.
The court noted that applications for early discovery generally include declarations explaining the efforts made to identify an unknown defendant and why subpoenas directed to particular service providers are expected to provide identifying information.
Ruling
The court denied Nordic Naturals, Inc.’s motion for leave to serve the subpoena without prejudice. The order states that Nordic Naturals may refile the motion and provide supporting evidence in accordance with the local rules.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.