1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DRIP DROP HYDRATION, INC., Case No. 22-cv-04744-TSH

8 Plaintiff,

ORDER GRANTING EX-PARTE

9 v. MOTION FOR LEAVE TO SERVE

THIRD PARTY SUBPOENA PRIOR TO

10 JOHN DOES 1-10, A RULE 26(F) CONFERENCE 11 Defendant. Re: Dkt. No. 5

12 13 THIS CAUSE came before the Court upon Plaintiff’s Ex-Parte Application for Leave to 14 Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference, and the Court being duly advised 15 does: 16 FIND, ORDER AND ADJUDGE: 17 1. Plaintiff has established that “good cause” exists for it to serve a third-party subpoena on 18 Amazon.com. See Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980); UMG Recording, Inc. 19 v. Doe, 2008 WL 4104214, *4 (N.D. Cal. Sep. 3, 2008); 20 2. Plaintiff may serve Amazon.com LLC, Amazon.com Services, LLC., and any of their 21 subsidiaries and affiliates (“Amazon”) with a Rule 45 subpoena commanding them to provide 22 Plaintiff with the true names and addresses relating to suppliers from whom they acquire Drip 23 Drop products for resale. Plaintiff shall attach to any such subpoena a copy of this Order; 24 3. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena 25 served on Amazon for the purpose of protecting and enforcing its rights as set forth in its 26 Complaint. 27 4. Amazon shall serve a copy of the subpoena and a copy of this order on the 1 reasonable means, including written notice sent to the supplier’s last known address, transmitted 2 || either by first-class mail or via overnight service. 3 5. Each supplier and Amazon shall have 30 days from the date of service to file any 4 || motions in this court contesting the subpoena (including a motion to quash or modify the 5 subpoena). If the 30-day period lapses without the supplier contesting the subpoena, Amazon 6 shall have 10 days to produce to Plaintiff the information responsive to the subpoena with respect 7 to that supplier. 8 6. Amazon shall preserve all subpoenaed information pending it delivering such 9 information to Plaintiff or the final resolution of a timely filed motion to quash the subpoena with 10 || respect to such information. 11 IT IS SO ORDERED. 12

13 Dated: August 19, 2022 a

LAA. □ □□

THOMAS S. HIXSON

5 United States Magistrate Judge 16

= 17

Z 18

19 20 21 22 23 24 25 26 27 28