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Urban Armor Gear, LLC v. Does

United States District Court, D. Nebraska

October 30, 2019

URBAN ARMOR GEAR, LLC, a California limited liability company, Plaintiff,
v.
JOHN DOES 1-10, individually or as corporate business entities Defendants.

          ORDER

          Michael D. Nelson United States Magistrate Judge.

         This matter is before the Court on Plaintiff's Motion for Leave to Take Limited, Expedited Discovery and to Serve Rule 45 Subpoenas. (Filing No. 8). The Court will grant the motion.

         Plaintiff initiated this lawsuit on September 16, 2019, naming “John Does 1-10” as Defendants. (Filing No. 1); see Rosenberg by Rosenberg v. Crandell, 56 F.3d 35, 37 (8th Cir. 1995) (“[A]n action may proceed against a party whose name is unknown if the complaint makes allegations specific enough to permit the identity of the party to be ascertained after reasonable discovery”). Generally, the Complaint alleges that the John Doe Defendants have engaged in trademark infringement, false advertising, unfair competition, trademark dilution and tortious interference by illegally selling products bearing Plaintiff's trademarks on the Amazon online marketplace and possibly other online marketplaces and by inducing Plaintiff's authorized resellers to breach their contracts with Plaintiff by selling such goods to the John Doe Defendants.

         Plaintiff requests leave to begin discovery prior to satisfying the meet and confer requirement of Federal Rule of Civil Procedure 26, and to serve a subpoena to produce documents, information, or objects in a civil action without notice to opposing parties as required by Federal Rule of Civil Procedure 45(a)(4). Plaintiff intends to serve the subpoenas on Outlook FBA Corp. and Outlook Acquisition Corp. so that Plaintiff may uncover the identities of the John Doe Defendants. The subpoenas would demand production of the following:

1. All communications and documents relating to Plaintiff.
2. All communications and documents relating to Plaintiff's products.
3. All communications and documents relating to how the Outlook FBA Corp. and Outlook Acquisition Corp. purchase, acquire, and/or otherwise obtain Plaintiff's products.
4. All documents relating to invoices reflecting Outlook FBA Corp.'s and Outlook Acquisition Corp.'s sales of Plaintiff's products.
5. All documents sufficient to show Outlook FBA Corp.'s and Outlook Acquisition Corp.'s gross revenue generated from their sales of Plaintiff's products on a year-by-year basis.
6. All communications and documents sufficient to identify the seller(s) of Plaintiff's products purchased, acquired, and/or otherwise obtained by Outlook FBA Corp. and Outlook Acquisition Corp.
7. All communications and documents relating to purchase orders, agreements, and/or contracts relating the Outlook FBA Corp.'s and Outlook Acquisition Corp.'s purchase and/or acquisition of Plaintiff's products.
8. All communications and documents relating to the Outlook FBA Corp.'s and Outlook Acquisition Corp.'s sales of Plaintiff's products using the Amazing Deals Online storefront on Amazon.com, or any other online storefront or marketplace. (Filing No. 8).

         Plaintiff also intends to serve a subpoena on Amazon.com, Inc. so that Plaintiff may uncover the identities of the John Doe Defendants. The subpoenas would demand production of the following:

1. Documents sufficient to identify the owner(s) of the Amazon.com marketplace store ...

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