Amazon.com Inc et al v. amllboCards et al

Filing 13

ORDER granting Plaintiffs' 10 Ex Parte Motion to Expedite Discovery. Plaintiffs are granted leave, prior to the Rule 26(f) conference, to serve a Rule 45 subpoena to obtain information regarding the identities and locations of Defendan ts and other bad actors involved in the alleged counterfeiting scheme from PingPong Global Solutions. Plaintiffs shall, no later than 180 days from the date this Order is signed, complete pre-service discovery and file: (a) an affidavit proving service; or (b) a motion for an additional extension of the time to serve, detailing Plaintiffs' efforts to complete service and when they expect to complete service. Signed by Hon. Brian A Tsuchida. (KRA)

The Honorable Marsha J. Pechman
The Honorable Brian A. Tsuchida

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10
11
12

AMAZON.COM, INC., a Delaware
corporation; AMAZON.COM SERVICES LLC,
a Delaware limited liability company; and
NINTENDO OF AMERICA INC., a
Washington corporation,

13
14
15
16
17

Plaintiffs,

No. 2:23-cv-01641-MJP-BAT
ORDER GRANTING
PLAINTIFFS’ EX PARTE
MOTION FOR EXPEDITED
DISCOVERY

v.
Individuals and/or Entities Doing Business as
Certain Amazon Selling Accounts Identified in
SCHEDULES 1A and 1B; and DOES 1-10,
Defendants.

18
19

THIS MATTER came before the Court on the ex parte motion by Plaintiffs

20

Amazon.com, Inc., Amazon.com Services LLC (“Amazon”), and Nintendo of America, Inc.

21

(together, “Plaintiffs”) for leave to serve expedited discovery on third parties (the “Motion”).

22

The Court has considered Plaintiffs’ Motion, supporting declarations, and the governing law.

23

Accordingly, it is hereby ORDERED:

24

Plaintiffs’ Motion for Expedited Discovery is GRANTED as follows:

25

Plaintiffs are granted leave, prior to the Rule 26(f) conference, to serve a Rule 45

26

subpoena to obtain information regarding the identities and locations of Defendants and other

27
ORDER GRANTING PLAINTIFFS’ EX PARTE
MOTION FOR EXPEDITED DISCOVERY - 1
(2:23-cv-01641-MJP-BAT)

Davis Wright Tremaine LLP

920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1640
206.622.3150 main · 206.757.7700 fax

1

bad actors involved in the alleged counterfeiting scheme from PingPong Global Solutions. To the

2

extent Plaintiffs identify additional entities or individuals in subpoena responses as having

3

responsive information related to the identity or location of the Defendants or other bad actors

4

responsible for the counterfeiting scheme alleged in the Complaint, Plaintiffs will seek leave

5

from the Court to serve additional Rule 45 subpoenas on those entities or individuals.

6
7
8
9
10
11

Plaintiffs shall, no later than 180 days from the date this Order is signed, complete preservice discovery and file: (a) an affidavit proving service; or (b) a motion for an additional
extension of the time to serve, detailing Plaintiffs’ efforts to complete service and when they
expect to complete service.
SO ORDERED this 31st day of January, 2024.

12

A

13

BRIAN A. TSUCHIDA
United States Magistrate Judge

14
15
16
17
18
19
20
21

Presented by:
DAVIS WRIGHT TREMAINE LLP
Attorneys for Plaintiffs
s/ Scott R. Commerson
Scott R. Commerson, WSBA #58085
865 South Figueroa Street, Suite 2400
Los Angeles, CA 90017-2566
Tel: [phone]
Fax: [phone]
Email: [e-mail]

22
23
24
25
26

s/ Lauren B. Rainwater
Lauren B. Rainwater, WSBA #43625
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1604
Tel: [phone]
Fax: [phone]
Email: [e-mail]

27
ORDER GRANTING PLAINTIFFS’ EX PARTE
MOTION FOR EXPEDITED DISCOVERY - 2
(2:23-cv-01641-MJP-BAT)

Davis Wright Tremaine LLP

920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1640
206.622.3150 main · 206.757.7700 fax