Pingxiang Suxiu Trading Co., Ltd. v. The Partnerships and Unincorporated Associations Identified On Schedule A

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file its "Schedule A" under seal [3] is granted. Plaintiff has sued 99 defendants, all allegedly located overseas, for infringement of its trademark. Plaintiff has also filed a motion for expedited discovery to attempt to obtain, from the online platforms on which the defendants sell, location information for the defendants. However, plaintiff's motion and draft order seem to contemplate obtaining this discovery by service of a simple notice to the platforms, which are not parties to the case. But discovery from non-parties must be conducted pursuant to Rule 45, which requires service of a subpoena, and plaintiff has not shown any basis to forego this requirement. Plaintiff's motion for expedited discovery [7] is therefore denied without prejudice to refiling and submission of an appropriate draft order.