JUUL LABS, INC. v. 4X PODS et al

Filing 300

MEMORANDUM ORDER. Signed by Judge Kevin McNulty on 2/16/2021. (bt, )

Case 2:18-cv-15444-KM-MAH Document 300 Filed 02/16/21 Page 1 of 2 PageID: 7447

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
JUUL LABS, INC.,
Plaintiff,
v.
4X PODS, EONSMOKE, LLC d/b/a
4X PODS, GREGORY GRISHAYEV,
MICHAEL TOLMACH, and JOHN
DOES 1–50,

Civ. No. 18-15444 (KM) (MAH)
MEMORANDUM ORDER

Defendants.

I have received a letter inquiry from defense counsel (DE 298) as to
whether the Court intends to pursue criminal contempt sanctions against the
defendants in connection with the disposition of assets. Counsel, while
acknowledging that the Court might not be able to answer the question at this
time, states that he must exercise due diligence in connection with advising his
client regarding the assertion of the Fifth Amendment privilege in depositions.
The Court cannot render legal advice as to the existence or scope of the
privilege. No determination has been made on the issue raised by counsel. As
the parties are aware, I have prioritized the issues of substantive liability and
damages, which will be tried as soon as possible. The outcome, whatever it may
be, may shape the Court’s view as to the assets-related issues.
The discovery deadline is March 1, 2021. The plaintiff has elected to
pursue its equitable claims, which are tried to the bench. The court being
familiar with the issues, it will not require the preparation of a complex pretrial
order. Rather, under the supervision of Magistrate Judge Hammer, the parties
shall exchange lists of witnesses, with brief summaries of their testimony, as
well as exhibit lists and copies of exhibits. No pretrial motions in limine will be
required; the court will hear the evidence and rule on its admissibility as

Case 2:18-cv-15444-KM-MAH Document 300 Filed 02/16/21 Page 2 of 2 PageID: 7448

required. The parties will be afforded a full opportunity for advocacy, orally
and/or in writing, as to legal issues that may arise and the ultimate outcome.
The earliest available date to begin the presentation of evidence is March
22, 2021. Judge Hammer will set a trial date in consultation with the parties.
SO ORDERED this 16th day of February, 2021
/s/ Kevin McNulty
_____________________________
KEVIN MCNULTY
United States District Judge