SATURN WIRELESS CONSULTING, LLC. v. AVERSA

Filing 192

MEMORANDUM AND ORDER that the Defendant's letter application 190 for "clarification" of the Court's prior order is DENIED. Defendant shall comply with that order in full. etc. Signed by Judge Kevin McNulty on 11/15/2021. (qa, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
SATURN WIRELESS CONSULTING,
LLC,
Plaintiff,
v.

Civ. No. 17-01637 (KM) (JBC)
MEMORANDUM & ORDER

FRANK AVERSA,
Defendant.

The Court has found the defendant, Mr. Aversa, to be in contempt and
ordered certain discovery. (DE 185, 186) Specifically, it was
ORDERED that Defendant shall produce to Plaintiff
documents relevant to the lost profits caused by his violation of the
injunction, as well as documents sufficient to establish the annual
net profits of his business for the period November 15, 2016, to the
present
(DE 186)
Now before the Court is a letter from defendant’s counsel, dated October
29, 2021 (DE 190), seeking “clarification” of that order, and a letter from
plaintiff’s counsel in response (DE 191). In particular, defendant argues that
discovery must be confined to violative sales during the period of the
injunction. That application is denied. The order requires no “clarification,” and
it must be complied with as written.
Discovery, not the ultimate scope of relief, is the issue here. The order
requires discovery reasonably calculated to lead to admissible evidence relevant
to disgorgement and other sanctions. Plaintiff is entitled to explore not only
particular violative sales, but profits as a result of such sales, as well as the
defendant’s financial condition, which may be relevant to the scope of any
monetary sanctions. Defendant’s defiant conduct thus far gives the Court no

confidence that a narrower order will serve those purposes, and the Court will
adhere to the full scope of its prior order.
IT IS THEREFORE this 15th day of November, 2021,
ORDERED that the defendant’s letter application (DE 190) for
“clarification” of the Court’s prior order is DENIED. Defendant shall comply
with that order in full.
/s/ Kevin McNulty
____________________________________
Kevin McNulty
United States District Judge