Opinion
C24-0394JLR
07-03-2024
AMAZON.COM, INC., et al., Plaintiffs, v. ARMYCAMO USA, INC., et al., Defendants.
ORDER
JAMES L. ROBART UNITED STATES DISTRICT JUDGE
Before the court is Plaintiffs' response to the court's June 27, 2024 order directing them to show cause why the court should not dismiss this case for failure to serve Defendants before the 90-day deadline set by Federal Rule of Civil Procedure 4(m). OSC Resp. (Dkt. # 9); OSC (Dkt. # 8).) Plaintiffs explain that their investigation into Defendants' use of eight Amazon.com selling accounts to sell counterfeit goods has led them to believe that it is likely that all of the individual Defendants live in China. (OSC Resp. at 2.) As result, Rule 4(m) does not set a deadline for completing service on these foreign Defendants. (Id. at 2 (citing Fed.R.Civ.P. 4(m)).) Plaintiffs have initiated the process of serving the individual Defendants in accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Convention”). (Id.)
Plaintiffs further represent that they have been unable to locate and serve any of the entity Defendants in the United States at the physical addresses they provided while they were operating their Amazon.com selling accounts. (Id.) In addition, Plaintiffs' investigation revealed that the companies' officers and directors reside in China. (Id.) Plaintiffs are continuing to investigate the locations of these Defendants and anticipate filing a motion for alternative service in the future. (Id. at 2-3.) They ask the court for 90 days to provide a further status update regarding their efforts to serve Defendants and to move for alternative service on any Defendants they are unable to locate. (Id. at 3.)
Based on Plaintiffs' response, the court finds good cause to DISCHARGE its order to show cause (Dkt. # 8). Plaintiffs shall file a status report regarding their efforts to serve Defendants no later than 90 days after the filing date of this order.