The Fashion Exchange LLC v. Hybrid Promotions, LLC et al
| The Fashion Exchange LLC |
| Hybrid Promotions, LLC, Jarrod Dogan, Gavin Dogan, Jimmy Jazz, Inc., Foot Locker, Inc., National Stores, Inc., Forever 21 Retail, Inc., Hot Topic, Inc., Gap Apparel, LLC, World of Jeans & Tops, Pacific Sunwear of California, Inc., Costco Wholesale Membership, Inc., Sport Chalet, Inc., Ross Stores, Inc., Big 5 Sporting Goods Corporation, The Sports Authority, Inc., Tween Brands, Inc., The TJX Companies, Inc., The Wet Seal Retail, Inc., Spencer Gifts LLC, Old Navy, LLC, Rue 21, Inc., Lord & Taylor Holdings LLC, J.C. Penney Corporation, Inc., BJ'S Wholesale Club, Inc., Boscov's Department Store, LLC, Wal-Mart Stores, Inc., Dick's Sporting Goods, Inc., Kohls Department Stores, Inc., Macy's Merchandising Group, Inc., Popsugar, Inc., Shopko Stores Operating Co., LLC, Family Dollar Services, Inc., The Cato Corporation, Belk Stores Services, Inc., Dillard International, Inc., Sports Holdings, Inc., Zumiez, Inc., Nordstrom, Inc., BDSRCO, Inc., Sears Brands, LLC, Bloomingdale's Inc., Marshalls of MA, Inc., Bob's Stores, LLC, Dollar General Corporation, Target Corporate Services, Inc., The Finish Line, Inc. and Urban Outfitters, Inc. |
| 1:2014cv01254 |
| February 26, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Sidney H. Stein |
| Trademark |
| 15 U.S.C. ยง 1114 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
487
OPINION: IT IS HEREBY ORDERED that given the pendency of the appeal at the Second Circuit, as well as defendants' pending motion for attorneys' fees and costs under 15 U.S.C. § 1117(a), 28 U.S.C. § 1927 and Fed. R. Civ. P. 54(d), the status conference in this case set for December 12, 2023, at 4:30 p.m. is adjourned sine die. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/01/2023) (ama)
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Filing
472
CLERK'S JUDGMENT re: 471 Memorandum & Opinion in favor of BDSRCO, Inc., BJ'S Wholesale Club, Inc., Beall's Department Stores, Inc., Belk Stores Services, Inc., Belk, Inc., Bob's Stores, LLC, Boscov's Department Store, LLC , Dillard International, Inc., Dollar General Corporation, Family Dollar Services, Inc., Hot Topic, Inc., Hybrid Promotions, LLC, J.C. Penney Corporation, Inc., Kohls Department Stores, Inc., Macy's Merchandising Group, Inc., Macy's Retail Holdings, Inc., Macys.com, Inc., Marshalls of MA, Inc., National Stores, Inc., Nordstrom, Inc., Old Navy, LLC, Ross Stores, Inc., Rue 21, Inc., Sears Brands, LLC, Shopko Stores Operating Co., LLC, Spencer Gifts LLC, Sports Holdings, Inc., Target Corp orate Services, Inc., The Cato Corporation, The TJX Companies, Inc., Tween Brands, Inc., Urban Outfitters, Inc., Wal-Mart Stores, Inc., Gavin Dogan, Jarrod Dogan, Jeff Caldwell against The Fashion Exchange LLC. It is hereby ORDERED, ADJUDGED AND DECR EED: That for the reasonsstated in the Court's Opinion & Order dated September 29, 2023, because the court finds as a matter of law that the use in commerce of defendants' marks-HYBRID, HYBRID TEES, and HYBRID APPAREL-is not likely to cause confusion with TFE' s marks-HYBRID and HYBRID & COMP ANY - defendants' motion for summary judgment is granted and plaintiff's cross-motion is denied. Because plaintiff's claims of trademark infringement as well as its claims of u nfair competition under the Lanham Act require a finding of likelihood of confusion to proceed, see EMI Catalogue P'ship v. Hill, Holliday, Connors, Cosmopulos Inc., 228 F.3d 56, 61-62 (2d Cir. 2000), both claims are dismissed. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/29/2023) (Attachments: # 1 Appeal Package) (tp)
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Filing
469
ORDER denying 466 Motion for Reconsideration re 466 MOTION for Reconsideration re; 455 Order on Motion for Reconsideration,, . filed by The Fashion Exchange LLC. Plaintiff's motion for reconsideration of this Court&# 039;s ruling on plaintiff's prior motion for reconsideration of this Court's ruling granting defendants' motion for partial summary judgment, (ECF No. 466), is denied. Plaintiff has offered no new evidence, changes in the law, or cl ear error warranting reconsideration. The Court considered all of the matters set forth in this repetitious reconsideration motion when it denied plaintiff's previous motion for reconsideration two weeks ago. (ECF No. 455.) The basis of plain tiff's motion is that it is entitled to have the Court explicitly address in its decision every sentence and every footnote in plaintiff's submissions. Plaintiff is incorrect. (And as further set forth herein.) SO ORDERED. (Signed by Judge Sidney H. Stein on 2/8/2023) (jca)
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Filing
465
ORDER granting 460 Letter Motion to Seal. The request to redact certain information as set forth above is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/1/2023) (jca)
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Filing
455
ORDER denying without prejudice 442 Motion for Reconsideration re 442 MOTION for Reconsideration re; 440 Memorandum & Opinion,,,, . filed by The Fashion Exchange LLC. Accordingly, because discovery has already closed and there is no basis in this record to order additional speculative and extensive discovery proceedings in this already protracted litigation, IT IS HEREBY ORDERED that Plaintiff's Motion for Reconsideration of the Court's September 29, 2022 Opinion and Order (ECF No. 442) is denied with prejudice. SO ORDERED.. (Signed by Judge Sidney H. Stein on 1/24/2023) (jca)
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Filing
454
ORDER denying 423 Motion for Summary Judgment; granting in part and denying in part 430 Motion to Strike document 423 MOTION for Summary Judgment On Laches And Ownership (Renewed). filed by The Fashion Exchange LLC, 430 MO TION to Strike Document No. [423, 424, 425, 426, 427, 428, 429] (Strike Plaintiff's Summary Judgment Motions). filed by Target Corporate Services, Inc., Family Dollar Services, Inc., Beall's Department Stores, Inc., Marshal ls of MA, Inc., BJ'S Wholesale Club, Inc., Belk, Inc., Hybrid Promotions, LLC, Belk Stores Services, Inc., Macy's Merchandising Group, Inc., Urban Outfitters, Inc., Jarrod Dogan, Jeff Caldwell, Wal-Mart Stores, Inc., Nords trom, Inc., Tween Brands, Inc., Dollar General Corporation, Shopko Stores Operating Co., LLC, Old Navy, LLC, J.C. Penney Corporation, Inc., Macys.com, Inc., Boscov's Department Store, LLC, Ross Stores, Inc., BDSRCO, Inc., Spe ncer Gifts LLC, Kohls Department Stores, Inc., Rue 21, Inc., The Cato Corporation, Gavin Dogan, Sports Holdings, Inc., Dillard International, Inc., The TJX Companies, Inc., Hot Topic, Inc., Macy's Retail Holdings, Inc., Bob� 39;s Stores, LLC, National Stores, Inc. from the record. Briefing on 1) plaintiff's motion for summary judgment as to likelihood of confusion and liability, (ECF No. 425), and 2) defendants' cross-motion for summary judgment, (ECF No. 450), will proceed as set forth in Magistrate Judge Wang's November 9 order. (ECF No. 447.) Pursuant to that schedule, the briefing on these motions will conclude on February 17, 2023. There will be no extension of that schedule. Defendants' motion to strike is therefore denied in part as to plaintiff's motion for summary judgment on likelihood of confusion and liability. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/30/2022) (jca) Modified on 12/30/2022 (jca).
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Filing
447
ORDER: The Court held a Status Conference on November 9, 2022. (ECF 441). As discussed at the conference, Plaintiff's motion for Summary Judgment on the likelihood of confusion and liability is no longer stayed. See ECF 425, 432. Defendant s' Opposition to Plaintiff's Motion for Summary Judgment on the likelihood of confusion and liability, and Defendants' Cross-Motion for Summary Judgment, is due December 23, 2022. Plaintiff's reply is due January 27, 2023. Defe ndant's reply is due February 17, 2023. For the reasons discussed at the status conference, Plaintiff's request to re-open discovery is DENIED. See ECF 445. SO ORDERED. ( Motions due by 12/23/2022. Cross Motions due by 12/23/2022. Responses due by 1/27/2023. Replies due by 2/17/2023.) (Signed by Magistrate Judge Ona T. Wang on 11/9/2022) (va)
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Filing
440
OPINION AND ORDER re: 380 AMENDED MOTION for Partial Summary Judgment . filed by Target Corporate Services, Inc., Family Dollar Services, Inc., Beall's Department Stores, Inc., Marshalls of MA, Inc., BJ'S Wholesale Cl ub, Inc., Belk, Inc., Hybrid Promotions, LLC, Belk Stores Services, Inc., Macy's Merchandising Group, Inc., Urban Outfitters, Inc., Jarrod Dogan, Jeff Caldwell, Wal-Mart Stores, Inc., Nordstrom, Inc., Tween Brands, Inc., Doll ar General Corporation, Old Navy, LLC, J.C. Penney Corporation, Inc., Macys.com, Inc., Boscov's Department Store, LLC, Ross Stores, Inc., Spencer Gifts LLC, BDSRCO, Inc., Kohls Department Stores, Inc., The Cato Corporation, Gav in Dogan, Sports Holdings, Inc., Dillard International, Inc., The TJX Companies, Inc., Hot Topic, Inc., Macy's Retail Holdings, Inc., National Stores, Inc., Bob's Stores, LLC. For the foregoing reasons, defendants' motion for partial summary judgment on TFE's claims for monetary relief and unfair competition is GRANTED. SO ORDERED. (Signed by Judge Sidney H. Stein on 9/29/2022) (jca)
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Filing
434
ORDER According to Federal Rule of Civil Procedure 72, a district court may modify or set aside any part of an order that is "clearly erroneous or is contrary to law." Fed. R. Civ. P. 72(a). Judge Wang imposed joint and several liabilit y on plaintiff and its counsel, finding that TFE was grossly negligent in failing to preserve the documents relevant to its damages claim and that Zarin acted with "willful disregard in ensuring that discovery obligations were being met and a ccurately conveying the status of such to [d]efendants and the Court." (ECF No. 348 at 16, 20.) This Court does not find that the award of $95,684.85 is clearly erroneous, and therefore upholds it. This Court, having ruled on the objecti ons to Magistrate Judge Wang's sanctions order, lifts the stay on payment of the attorney's fees sanction and plaintiff and its counsel are directed to pay the sanction or post a bond as security on or before Friday, September 23, 2022. See Local Civ. R. 54.2; Cruz v. Am. Broad. Cos. Inc., No. 17-cv-8794 (LAK), 2017 WL 5665657, at *1 (S.D.N.Y. Nov. 17, 2017). SO ORDERED. (Signed by Judge Sidney H. Stein on 8/26/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
432
ORDER: It is HEREBY ORDERED that all briefing on plaintiff's two motions for summary judgment dated August 19, 2022 (ECF Nos. 423, 425) is stayed until further notice. Plaintiff is directed to respond to defendants' motion to strike (ECF No. 430) by Friday, September 2, 2022. (Responses due by 9/2/2022.) (Signed by Judge Sidney H. Stein on 8/24/2022) (mml)
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Filing
408
OPINION AND ORDER: For the foregoing reasons, the Court declines to modify or set aside Judge Wang's orders pursuant to Federal Rule of Civil Procedure 72(a). SO ORDERED. (Signed by Judge Sidney H. Stein on 3/29/2021) (ama)
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Filing
406
ORDER. Defendants' motion for partial summary judgment (ECF No. 375) is dismissed as moot on the grounds that defendants have subsequently filed an amended motion for partial summary judgment (ECF No. 380). So ordered. Denying as moot 375 Motion for Partial Summary Judgment. (Signed by Judge Sidney H. Stein on 11/24/2020) (rjm)
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Filing
400
MEMORANDUM OPINION & ORDER: For the foregoing reasons, the Court reduces Defendants' claimed fees by 10% and denies the requested costs. Accordingly, Defendants are hereby awarded $95,684.085 in fees (reduced from $106,315.65). P laintiff and its counsel shall be held jointly and severally liable for this amount. This Order is STAYED pending Judge Stein's ruling on the pending objections (ECF 351) to the Sanctions Order (ECF 348). If Judge Stein overrules Plaintiff's objections, Plaintiffs are directed to pay the $95,684.085 to Defendants within fourteen (14) days of Judge Stein's order. (Signed by Magistrate Judge Ona T. Wang on 8/17/2020) (rro)
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Filing
366
ORDER granting 364 Motion to Seal Document. The Court held a status conference in this matter on January 21, 2020. As stated on the record at the conference, Plaintiff's motion to seal is GRANTED. After meeting and conferring, th e parties shall file a joint discovery status letter by February 21, 2020. Defendants shall brief their motion for summary judgment on the following schedule: Defendants' motion is due February 28, 2020. Plaintiff's opposition is due March 30, 2020. Defendants' reply, if any, is due April 13, 2020. The Clerk is directed to close ECF 364. (Signed by Magistrate Judge Ona T. Wang on 1/21/2020) (mro) Transmission to Sealed Records Clerk for processing.
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Filing
348
OPINION & ORDER re: 302 MOTION for Sanctions filed by Target Corporate Services, Inc., Family Dollar Services, Inc., Beall's Department Stores, Inc., Popsugar, Inc., Marshalls of MA, Inc., Big 5 Sporting Goods Corpo ration, BJ'S Wholesale Club, Inc., Belk, Inc., Hybrid Promotions, LLC, Zumiez, Inc., The Sports Authority, Inc., Belk Stores Services, Inc., Macy's Merchandising Group, Inc., Dick's Sporting Goods, Inc., Urban Outfi tters, Inc., The Finish Line, Inc., Jarrod Dogan, Jeff Caldwell, Gap Apparel, LLC, Wal-Mart Stores, Inc., Dillard's, Inc., Nordstrom, Inc., Tween Brands, Inc., Dollar General Corporation, Sears Brands, LLC, Shopko Stores Op erating Co., LLC, Old Navy, LLC, The Wet Seal Retail, Inc., J.C. Penney Corporation, Inc., Forever 21 Retail, Inc., World of Jeans & Tops, Macys.com, Inc., Boscov's Department Store, LLC, Costco Wholesale Membership, Inc., R oss Stores, Inc., Pacific Sunwear of California, Inc., BDSRCO, Inc., Spencer Gifts LLC, Kohls Department Stores, Inc., Jimmy Jazz, Inc., Rue 21, Inc., Hibbett Sporting Goods, Inc., The Cato Corporation, Sport Chalet, Inc., Sport s Holdings, Inc., Gavin Dogan, Lord & Taylor Holdings LLC, Bloomingdale's Inc., Foot Locker, Inc., Dillard International, Inc., The TJX Companies, Inc., Hot Topic, Inc., Macy's Retail Holdings, Inc., Bob's Stores, LL C, National Stores, Inc.., For the foregoing reasons, Defendants' motion for sanctions is GRANTED in part and DENIED in part. It is hereby ORDERED that Plaintiff and its counsel, Scott Zarin, shall be jointly and severally liable for: (1) D efendants' fees and costs incurred in preparing their September 27, 2018 letter (ECF 253); (2) half of Defendants' fees and costs incurred in attending the October 4, 2018 discovery conference; (3) half of Defendants' fees and costs incurred in attending the November 29, 2018 discovery conference; (4) Defendants' fees and costs incurred in preparing for and taking the January 29, 2019 Hanono deposition; (5) and Defendants' fees and costs incurred in briefing the ins tant sanctions motion. By January 3, 2020, Defendants shall submit their billing records in support of their claim for such reasonable fees and costs. Plaintiff may file any objections to Defendants' fees submission within 7 days from the date of Defendants' filing. It is further ORDERED that Defendants shall be permitted to present evidence to the jury concerning the loss and potential relevance of the ESI contained in the "fried" server, as well as the issue of whethe r financial documents ever existed. The scope of this permission shall be determined by the district judge if the case proceeds to trial. Defendants shall file a redacted version of ECF 345-2, as described above, on the docket within 3 days of the date of this Order. The Court will hold a Status Conference in this matter on Tuesday, January 21, 2020 at 3:00 p.m. in Courtroom 20D. The Clerk is directed to close ECF 302. (Status Conference set for 1/21/2020 at 03:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/16/2019) (rro)
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Filing
343
OPINION & ORDER re: 310 LETTER MOTION to Reopen Fact Discovery As To Defendant Hybrid Promotions (Pre-Motion Conference Letter Regarding) addressed to Magistrate Judge Ona T. Wang from Scott Zarin, Esq. dated May 2, 2019. filed by The Fashion Exchange LLC, 308 LETTER MOTION to Compel (Reconsideration of Order On) addressed to Magistrate Judge Ona T. Wang from Scott Zarin, Esq. dated April 30, 2019. filed by The Fashion Exchange LLC. For the foregoing reasons, Plaintiff's request to reopen discovery is DENIED, and Plaintiff's motion for reconsideration of the Court's April 9, 2019 Order is DENIED. The Clerk is directed to close ECF 308 and ECF 310. (Signed by Magistrate Judge Ona T. Wang on 11/15/2019) (rro)
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Filing
341
MEMORANDUM OPINION & ORDER re: 337 LETTER MOTION to Seal Document 333 Memorandum & Opinion addressed to Magistrate Judge Ona T. Wang from Mark J. Rosenberg dated October 8, 2019. filed by Target Corporate Services, Inc., Family Dollar Services, Inc., Beall's Department Stores, Inc., Popsugar, Inc., Marshalls of MA, Inc., Big 5 Sporting Goods Corporation, BJ'S Wholesale Club, Inc., Belk, Inc., Hybrid Promotions, LLC, Zumiez, Inc., The Sp orts Authority, Inc., Belk Stores Services, Inc., Macy's Merchandising Group, Inc., Dick's Sporting Goods, Inc., Urban Outfitters, Inc., The Finish Line, Inc., Jarrod Dogan, Jeff Caldwell, Gap Apparel, LLC, Wal-Mart Store s, Inc., Dillard's, Inc., Nordstrom, Inc., Tween Brands, Inc., Dollar General Corporation, Sears Brands, LLC, Shopko Stores Operating Co., LLC, Old Navy, LLC, The Wet Seal Retail, Inc., J.C. Penney Corporation, Inc., Foreve r 21 Retail, Inc., World of Jeans & Tops, Macys.com, Inc., Boscov's Department Store, LLC, Costco Wholesale Membership, Inc., Ross Stores, Inc., Pacific Sunwear of California, Inc., BDSRCO, Inc., Spencer Gifts LLC, Kohls Depa rtment Stores, Inc., Jimmy Jazz, Inc., Rue 21, Inc., Hibbett Sporting Goods, Inc., The Cato Corporation, Sport Chalet, Inc., Sports Holdings, Inc., Gavin Dogan, Lord & Taylor Holdings LLC, Bloomingdale's Inc., Foot Locker, Inc., Dillard International, Inc., The TJX Companies, Inc., Hot Topic, Inc., Macy's Retail Holdings, Inc., Bob's Stores, LLC, National Stores, Inc. Accordingly, Defendants' counsel's motion to seal is DENIED, and Def endants are directed to re-file those records, Exhibits B & C to the Rosenberg Declaration at ECF 337-1, on the docket. For the foregoing reasons, Defendants are hereby awarded $9,128.60 in fees and costs. Plaintiff and its counsel shall be held jointly and severally liable for this amount, and are directed to pay this amount within 30 days of the date of this Order. Defendants shall file Exhibits B & C to the Rosenberg Declaration on the docket within 7 days of this Order. (Signed by Magistrate Judge Ona T. Wang on 11/4/2019) (rro)
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Filing
333
MEMORANDUM OPINION & ORDER re: 280 LETTER MOTION for Discovery Sanctions re: Issue Nos. 2-5 of Dkt. # 270 addressed to Magistrate Judge Ona T. Wang from Mark J. Rosenberg dated December 21, 2018. filed by Target Corporate Services, Inc., Family Dollar Services, Inc., Beall's Department Stores, Inc., Popsugar, Inc., Marshalls of MA, Inc., Big 5 Sporting Goods Corporation, BJ'S Wholesale Club, Inc., Belk, Inc., Hybrid Promotions, LLC, Zumiez, Inc., The Sports Authority, Inc., Belk Stores Services, Inc., Macy's Merchandising Group, Inc., Dick's Sporting Goods, Inc., Urban Outfitters, Inc., The Finish Line, Inc., Jarrod Dogan, Jeff Caldwell, Gap Apparel, LLC, Wal-Ma rt Stores, Inc., Dillard's, Inc., Nordstrom, Inc., Tween Brands, Inc., Dollar General Corporation, Sears Brands, LLC, Shopko Stores Operating Co., LLC, Old Navy, LLC, The Wet Seal Retail, Inc., J.C. Penney Corporation, Inc., Forever 21 Retail, Inc., World of Jeans & Tops, Macys.com, Inc., Boscov's Department Store, LLC, Costco Wholesale Membership, Inc., Ross Stores, Inc., Pacific Sunwear of California, Inc., BDSRCO, Inc., Spencer Gifts LLC, K ohls Department Stores, Inc., Jimmy Jazz, Inc., Rue 21, Inc., Hibbett Sporting Goods, Inc., The Cato Corporation, Sport Chalet, Inc., Sports Holdings, Inc., Gavin Dogan, Lord & Taylor Holdings LLC, Bloomingdale's Inc., Foot Locker, Inc., Dillard International, Inc., The TJX Companies, Inc., Hot Topic, Inc., Macy's Retail Holdings, Inc., Bob's Stores, LLC, National Stores, Inc. For the foregoing reasons, the Court GRANTS Plaintiff's motion for sanctions, finding that while sanctions were not warranted under Rule 37, 28 U.S.C. §1927, or the Court's inherent authority, Plaintiff's counsel's obstruction of the deposition through repeated speaking objections warrants sanctions under Rule 30(d)(2). As noted above, Defendants' inability to obtain a fair examination of Mr. Saadia necessitated another Rule 30(b)(6) deposition. Nevertheless, Defendants were able to obtain some substantive testimony from Mr. Saa dia at his deposition, rendering that deposition not completely wasted. Accordingly, Plaintiff and Plaintiff's counsel shall be jointly and severally liable for half of Defendants' attorney's fees and costs in taking the October 30 d eposition and bringing their motion for sanctions. Within 14 days of this Order, Defendants shall submit their billing records for the total fees and costs associated with the October 30 deposition and for bringing this motion. If Defendants seek to file their billing records under seal, they shall follow the process outlined in the Court's Individual Practices. The Clerk of Court is directed to close ECF 280. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 9/26/2019) (rro)
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Filing
305
MEMORANDUM OPINION & ORDER re: 290 LETTER MOTION to Compel Depositions (Pre-Motion Conference) addressed to Magistrate Judge Ona T. Wang from Scott Zarin, Esq. dated January 25, 2019 filed by The Fashion Exchange LLC. Pl aintiff The Fashion Exchange LLC ("Plaintiff") filed a letter motion to compel the depositions of Defendant Jarrod Dogan, Defendant Gavin Dogan, and Defendant Hybrid Promotions, LLC's ("Hybrid") former CFO Brad Shapiro unde r either Rule 30(a), 30(b)(1), or 30(b)(6). (ECF 290). Plaintiff's bases for this request are: (1) Hybrid's two prior Rule 30(b)(6) witnesses were inadequate, (2) the three proposed deponents are/were officers of Defendant Hybrid, and (3) Jarrod and Gavin Dogan are both named defendants in this matter; as further set forth herein. Accordingly, Plaintiff's Motion, ECF 290, is HEREBY DENIED in its entirety. (Signed by Magistrate Judge Ona T. Wang on 4/9/2019) (mro)
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Filing
263
MEMORANDUM OPINION & ORDER re: 262 LETTER MOTION for Discovery (For Reconsideration of Order Regarding Production of Plaintiff's Tax Returns) addressed to Magistrate Judge Ona T. Wang from Scott Zarin, Esq. dated October 23, 20 18 filed by The Fashion Exchange LLC. Plaintiff's Letter Motion for Reconsideration is DENIED, except that Defendants shall delete and remove the previously produced tax returns after Plaintiff complies with the Courts October 4, 2018 and October 23, 2018 Orders, and file a declaration with the Court when they have done so. The Clerk of Court is directed to close the open Letter Motion at ECF 262. (Signed by Magistrate Judge Ona T. Wang on 10/24/2018) (mro)
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