Nordic Naturals, Inc. v. John Does 1-50
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NORDIC NATURALS, INC., Case No. 23-cv-02606-DMR
Plaintiff,
ORDER DENYING MOTION FOR
v. LEAVE TO SERVE A SUBPOENA
WITHOUT PREJUDICE
JOHN DOES 1-50, INDIVIDUALLY OR AS CORPORATE/BUSINESS ENTITIES, Re: Dkt. No. 6 11 Defendant. 12 The court has reviewed Plaintiff Nordic Naturals, Inc.’s ex parte motion for leave to serve a third-party subpoena prior to the Rule 26(f) conference. [Docket No. 6.] Civil Local Rule 7-5 provides that “[f]actual contentions made in support of . . . any motion must be supported by an affidavit or declaration and by appropriate references to the record.” Civ. L.R. 7-5(a). While Plaintiff submitted a declaration attaching a copy of its proposed subpoena (Docket No. 6-2), it did not submit any evidence supporting the factual contentions in its motion. For example, Plaintiff contends that it took “previous steps . . . to locate the Defendants,” including “investigating” their “names and identities,” but did not provide…