8 then the burden it imposes, however slight, is necessarily undue: why require a party to produce information the requesting party has no right to obtain? The question then becomes what sort of information is properly discoverable. Where, again as here, no party has yet been specifically named as a defendant, the only potential avenue for discovery is Rule 26(d)(1), which provides for discovery “by court order.” A district court’s discretion to order discovery in these circumstances is, in turn, cabined by Rule 26(b)(1)’s general requirements that a discovery order be “[f]or good cause” and relate to a “matter relevant to the subject matter involved in the action.” See Food Lion vy. United Food & Commercial Workers Union, 103 F.3d 1007, 1012 (D.C. Cir. 1997) (“[N]o one would suggest that discovery should be allowed of information that has no conceivable bearing on the case.” (internal quotation marks omitted)). The limits of the federal discovery procedures are illustrated by Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340 (1978), in which the Supreme Court held that the representative plaintiffs in a class action suit could not use discovery tools to secure from the defendant the names of members of the plaintiff class. /d. at 353. The Court concluded that because the plaintiffs did “not seek this information for any bearing that it might have on issues in the case,” but instead simply in order to provide the class members with notice of the litigation, they lacked a proper discovery purpose. /d. at 352. It inferred this improper motive in part from the plaintiffs’ conduct in the district court, where they had offered to redefine the class to encompass only those class members to whom they could already send notice. See id. at 353. In a footnote, the Court emphasized—in language especially relevant here—that “when the purpose of a discovery request is to gather information for use in

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