HiZoo, Inc v. Doe

Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice Plaintiff's Motion to Compel Non-Party Shopify, Inc. to Comply with Subpoena [10]. The place of compliance for a subpoena to produce documents must be "within 100 miles of where the person resides. or regularly transacts business in person." Fed. R. Civ. P. 45(c)(2)(A). "A motion for an order to a nonparty must be made in the court where the discovery is or will be taken." Fed. R. Civ. P. 37(a)(2). Here, Plaintiff's subpoena [10-2] commands production in the District of Massachusetts, but Plaintiff has made no showing that Shopify, Inc. regularly transacts business in person within 100 miles of where the documents are to be produced. Plaintiff may file a renewed motion explaining the grounds on which Plaintiff claims that Shopify, Inc., regularly transacts business in person within 100 miles of the Massachusetts address specified in the subpoena. Alternatively, if Shopify, Inc., resides or regularly transacts business in person in a district other than the District of Massachusetts, Plaintiff may re-serve the subpoena with a response location within 100 miles of such location.

Judge Indira Talwani: ELECTRONIC ORDER allowing [11] First MOTION for Extension of Time to October 22, 2025, or until 30 days after Shopify complies with the subpoena, whichever is later, to serve complaint.

First MOTION for Extension of Time to October 22, 2025, or until 30 days after Shopify complies with the subpoena, whichever is later. to serve complaint by HiZoo, Inc.(Swift Lee, Daze)

First MOTION to Compel by HiZoo, Inc.

Judge Indira Talwani: ELECTRONIC ORDER granting Plaintiff's Renewed Motion for Leave to Issue Subpoena to Shopify, Inc. [8]. Plaintiff shall serve the proposed subpoena [8-2] with Attachment A [8-3] on Shopify, Inc. in accordance with Fed. R. Civ. P. 45(b).

Produce

Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice Plaintiff's Motion for Leave to Issue Subpoena to Shopify, Inc. [6]. Plaintiff may file a renewed motion with a proposed subpoena that satisfies the requirements set forth in Fed. R. Civ. P. 45(a)(1)(A). Plaintiff's supporting affidavit shall also explain the means by which Plaintiff has sent a cease and desist letter to the unidentified seller.

First MOTION to Produce by HiZoo, Inc.

Summons Issued as to John Doe. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service.

REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Swift Lee, Daze)

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal.

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Report on Filing or Determination Re: Patent or Trademark AO 120. The form can be found on the court's website under Resources/Forms/Local Forms. Counsel will use the event under Other Documents - Report on the filing of patent/trademark case.

COMPLAINT against John Doe Filing fee: $ 405, receipt number AMADC-10971698 (Fee Status: Filing Fee paid), filed by HiZoo, Inc.