Obesity Research Institute, LLC v. Sunrise Selections LLC, et al.

Summary

The United States District Court for the Southern District of California granted Obesity Research Institute, LLC’s ex parte application for leave to serve Amazon with a subpoena before the Rule 26(f) conference. The Court found good cause for expedited discovery because Defendant Amaz Group LLC had defaulted and the requested sales, revenue, and identifying information was relevant to potential default judgment, damages, and injunctive relief.

Holdings

1. A party seeking early or expedited discovery before the Rule 26(f) conference must show good cause, evaluated by balancing the need for expedited discovery against prejudice to the responding party.
2. Plaintiff established good cause to serve Amazon with a subpoena before the Rule 26(f) conference because Amaz Group had defaulted, plaintiff could not conduct ordinary discovery, and the requested information was relevant to identifying infringing sales and calculating damages.

Questions Presented

1. Whether plaintiff established good cause for expedited third-party discovery before the Rule 26(f) conference.
2. Whether the requested Amazon information was relevant and necessary to calculate damages and support an anticipated motion for default judgment in the trademark-infringement action.
3. What conditions should govern service and enforcement of the Rule 45 subpoena.

Disposition

other