Bunge Limited et al v. Bungechicago.com

Filing 19

ORDER GRANTING PLAINTIFFS' LEAVE TO TAKE EXPEDITED DISCOVERY by Judge Robert S. Lasnik.(TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BUNGE LIMITED, et al.,

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Plaintiffs,
Case No. C13-0621RSL
v.
BUNGECHICAGO.COM,

ORDER GRANTING PLAINTIFFS
LEAVE TO TAKE EXPEDITED
DISCOVERY

Defendant.

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This matter comes before the Court on “Plaintiffs’ Motion for Leave to

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Take Expedited Discovery” in the above-captioned matter. Dkt. # 15. Because this

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action is proceeding in rem and the identities of the individuals behind the allegedly

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infringing website have been difficult to discern, plaintiffs cannot conduct a traditional

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Rule 26(f) conference and require discovery to locate the persons responsible for the

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defendant domain name.

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Plaintiffs’ motion for leave to take expedited discovery is GRANTED in

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part. Plaintiff may initiate discovery, including the issuance of subpoenas under Fed. R.

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Civ. P. 45, on the registrar of the domain name BUNGECHICAGO.COM in an effort to

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identify the persons responsible for the defendant domain name and the associated

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website. The recipient of a subpoena authorized by this Order shall give written notice,

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ORDER GRANTING PLAINTIFFS LEAVE
TO TAKE EXPEDITED DISCOVERY - 1

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which includes email notice, and a copy of the subpoena to the registrant as soon as

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possible after service of the subpoena. The registrar and/or registrant shall have thirty

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(30) days from the date of service of the subpoena on the registrar to object to the

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subpoena pursuant to Fed. R. Civ. P. 45(c)(2)(B). The registrar shall not disclose the

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requested information during the 30-day period or if a timely objection is served unless

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and until the Court orders it to do so. If an objection is served, the registrar shall preserve

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any material responsive to the subpoena for a period of six months in order to allow

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plaintiffs to move for an order compelling production under Fed. R. Civ. P.

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45(c)(2)(B)(i). If no objection is served, the registrar shall comply with the subpoena

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within ten (10) days.
Plaintiffs have not justified their request for leave to file discovery on

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unidentified persons or entities related to “other similar websites and domain names,”

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however. If the information obtained from the domain name registrar is insufficient or

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suggests other avenues of investigation, plaintiffs may request leave of Court to serve

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additional third-party discovery.

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Plaintiff shall provide a copy of this Order with each subpoena issued
pursuant thereto.

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Dated this 22nd day of May, 2013.

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A
Robert S. Lasnik

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United States District Judge
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ORDER GRANTING PLAINTIFFS LEAVE
TO TAKE EXPEDITED DISCOVERY - 2