AMMEX CORPORATION v. Buckwold
3:24-cv-04206
D.N.J.Oct 3, 2024Background
- AMMEX Corporation distributes disposable gloves through authorized sellers and contractually restricts them from selling to unauthorized resellers.
- AMMEX suspects Yudi (a/k/a Yehuda) Buckwold to be an unauthorized reseller and initiated a lawsuit in the Western District of Washington to identify authorized sellers violating these restrictions.
- With court approval, AMMEX served a subpoena on Buckwold in New Jersey, seeking documents related to his supply chain and sales activity of AMMEX products from June 2019 to the present.
- Buckwold failed to respond to the subpoena or subsequent follow-up correspondence; he did email AMMEX expressing confusion and alleging a scam.
- AMMEX moved in the District of New Jersey to compel Buckwold’s compliance with the subpoena, and further sought an order to show cause for contempt and sanctions against him.
- The court determined it had proper jurisdiction, and AMMEX's subpoena was relevant, narrowly tailored, and not unduly burdensome.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to compel | Court is proper because documents and respondent are in NJ | No formal legal argument; expressed confusion | Court has jurisdiction as discovery is to be produced in the District |
| Compliance with subpoena | Subpoena seeks relevant, narrowly tailored information | Alleged he does not sell gloves; confusion | Motion to compel granted |
| Entitlement to order to show cause for contempt | Buckwold failed to comply without excuse; should show cause | Expressed confusion, alleged scam | Denied without prejudice due to incomplete record |
| Sanctions against Buckwold | Sought costs for compelling compliance | No direct response | Denied without prejudice |
Key Cases Cited
- Harris v. City of Philadelphia, 47 F.3d 1311 (3d Cir. 1995) (before finding contempt, court must provide due process with notice and a hearing)
- McCabe v. Ernst & Young, LLP, 221 F.R.D. 423 (D.N.J. 2004) (failure to timely object to a subpoena can constitute a waiver of objections)
