Sunderland

I. BACKGROUND

PharmaCare is a defendant in a putative class action pending in the Southern District of California captioned Sunderland, et al. v. PharmaCare U.S., Inc., et al., Civ. No. 23-01318-JES-AHG (S.D. Cal.) (the “underlying action”). At issue in that case is PharmaCare’s marketing and sale of black elderberry dietary supplements. Season 4, based in Warren, New Jersey, is not a party to that case, but received a subpoena duces tecum from PharmaCare in the underlying action that sought documents related to Season 4’s website, ClassAction.org. Through that website, Season 4 advertised, on behalf of plaintiffs’ attorneys, for potential class action plaintiffs to join the underlying action. [Dkt. 1-1] at 1, 3-5; [Dkt. 7] at 3-5. In the subpoena, PharmaCare seeks the production of documents that it believes are relevant to the underlying action, such as documents and

communications between Season 4 and potential claimants, including the plaintiffs in the underlying action; documents exchanged or reflecting communications between Season 4 and the attorneys who used Season 4’s advertising services; and documents related to Season 4’s ownership. [Dkt. 1-1] at 1, 5-6.…