Jordane Enterprises, LLC v. John Does 1-5

Background

Jordane Enterprises, LLC filed this case against John Does 1-5. The complaint alleges that the defendants maintained e-commerce stores on Amazon’s retail platform. Jordane sought permission to serve Amazon with a third-party subpoena before the parties’ required conference about discovery. Jordane wanted the defendants’ names and other identifying information so it could complete service of the complaint.

Court’s Analysis

The court applied the flexible good-cause standard used for expedited discovery in cases involving unidentified defendants. It considered five factors: whether the plaintiff had made a preliminary showing of a claim; whether the discovery request was specific; whether other ways existed to obtain the information; whether the information was needed for the case to proceed; and the defendants’ expectation of privacy.

The court concluded that Jordane had alleged a preliminary case for tortious interference with prospective economic advantage, tortious interference with contractual and business relations, and false designation of origin under 15 U.S.C. § 1125(a). The court found Jordane’s request for the defendants’ names and identifying information sufficiently narrow. It also found no other known way for Jordane to learn the defendants’ identities, noting that Amazon had identified the seller involved but had refused to disclose that seller’s information. Without the subpoena, the court said, the defendants could not be identified and served and the litigation could not proceed. The court further concluded that the defendants’ privacy interests did not outweigh the other factors.

Ruling and Protections

Judge Katherine Polk Failla granted Jordane’s motion for leave to serve Amazon with a Rule 45 subpoena seeking the defendants’ names, addresses, email addresses, and telephone numbers.

Amazon must serve the defendants with the subpoena and this order and give them 60 days from service to challenge the subpoena, including by asking the court to quash or modify it. Amazon may not disclose the identifying information to Jordane before that period ends. If Amazon or a defendant timely files such a motion, Amazon must wait for the court to address the issue and authorize disclosure. The subpoenaed information must be preserved while any timely challenge is pending. Any information disclosed may be used only to protect Jordane’s rights described in its complaint. The order also directs Amazon to confer with Jordane and not charge costs before providing the information, although Amazon may later seek production costs by providing a billing summary and cost report.