Nike, Inc. v. Stockx LLC

Background

Nike moved for an order compelling StockX to produce a narrow subset of information about certain sellers who sold counterfeit Nike products through StockX’s platform. Fact discovery had closed on March 21, 2023. StockX opposed the motion, arguing that Nike had not shown good cause for making the delayed request.

Reasoning

The court explained that it may reopen discovery for good cause, with the moving party’s diligence being an important consideration. The court found that Nike had been diligent during fact discovery. Nike had requested information about counterfeit shoes sold to Roy Kim before learning about the other sellers. During a February 23, 2023 deposition, StockX objected to questions that might have identified information about those sellers. The court later compelled production concerning the counterfeit shoes sold to Kim, and at a June 29, 2023 deposition, a StockX employee identified relevant documents that had not previously been produced.

The court concluded that Nike should be allowed to make a follow-up request for those documents. It also found that Nike could not have foreseen the need for this specific discovery request, that there was no trial date to delay, and that documents showing how many times the sellers successfully sold products on StockX’s platform were clearly relevant to Nike’s claims.

Disposition

Judge Sarah Netburn granted Nike’s motion. The Clerk of Court was requested to terminate the motions at ECF Nos. 178 and 179.