Amazon.com Inc et al v. Armycamo USA Inc et al

Filing 10

ORDER: The Court finds good cause to DISCHARGE its order to show cause (Dkt. # 8 ). Plaintiffs shall file a status report regarding their efforts to serve Defendants no later than 90 days after the filing date of this order. Signed by Judge James L. Robart. (SS)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 AMAZON.COM, INC., et al., 11 Plaintiffs, v. 12 13 ORDER ARMYCAMO USA, INC., et al., Defendants. 14 15 CASE NO. C24-0394JLR Before the court is Plaintiffs’ response to the court’s June 27, 2024 order directing 16 them to show cause why the court should not dismiss this case for failure to serve 17 Defendants before the 90-day deadline set by Federal Rule of Civil Procedure 4(m). 18 OSC Resp. (Dkt. # 9); OSC (Dkt. # 8).) Plaintiffs explain that their investigation into 19 Defendants’ use of eight Amazon.com selling accounts to sell counterfeit goods has led 20 them to believe that it is likely that all of the individual Defendants live in China. (OSC 21 Resp. at 2.) As result, Rule 4(m) does not set a deadline for completing service on these 22 foreign Defendants. (Id. at 2 (citing Fed. R. Civ. P. 4(m)).) Plaintiffs have initiated the ORDER - 1 1 process of serving the individual Defendants in accordance with the Hague Convention 2 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial 3 Matters (“Hague Convention”). (Id.) 4 Plaintiffs further represent that they have been unable to locate and serve any of 5 the entity Defendants in the United States at the physical addresses they provided while 6 they were operating their Amazon.com selling accounts. (Id.) In addition, Plaintiffs’ 7 investigation revealed that the companies’ officers and directors reside in China. (Id.) 8 Plaintiffs are continuing to investigate the locations of these Defendants and anticipate 9 filing a motion for alternative service in the future. (Id. at 2-3.) They ask the court for 90 10 days to provide a further status update regarding their efforts to serve Defendants and to 11 move for alternative service on any Defendants they are unable to locate. (Id. at 3.) 12 Based on Plaintiffs’ response, the court finds good cause to DISCHARGE its 13 order to show cause (Dkt. # 8). Plaintiffs shall file a status report regarding their efforts 14 to serve Defendants no later than 90 days after the filing date of this order. 15 Dated this 3rd day of July, 2024. 16 A 17 JAMES L. ROBART United States District Judge 18 19 20 21 22 ORDER - 2

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