SM Kids, LLC v. Google LLC et al

Filing 158

ORDER granting in part and denying in part 150 Letter Motion for Local Rule 37.2 Conference: The Letter Motion submitted on behalf of Plaintiff SM Kids, LLC ("SM Kids") and Non-Parties Allan Cohen, Jared Lader, Michael Cohen, Roxanne Escander, David Evans, Brian Tucker, and PCP Operating LLC (ECF No. 150) is GRANTED IN PART and DENIED IN PART, as further set forth in this order. (Signed by Magistrate Judge Stewart D. Aaron on 12/15/2020) (jwh)

Case 1:18-cv-02637-LGS-SDA Document 158 Filed 12/15/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
12/15/2020

SM Kids, LLC, as successor-in-interest to
Stelor Productions, LLC,
Plaintiff,

1:18-cv-02637 (LGS) (SDA)
ORDER

-againstGoogle LLC et al.,
Defendants.
STEWART D. AARON, United States Magistrate Judge:

The Letter Motion submitted on behalf of Plaintiff SM Kids, LLC (“SM Kids”) and NonParties Allan Cohen, Jared Lader, Michael Cohen, Roxanne Escander, David Evans, Brian Tucker,
and PCP Operating LLC (ECF No. 150) is GRANTED IN PART and DENIED IN PART, as follows:
1. The subject Document Subpoenas served upon Michael Cohen, Ms. Escander, David
Evans, Brian Tucker and PCP Operating LLC for “documents and communications
relating to the GOOGLES mark and business” seek relevant information and no
showing of undue burden has been made. Thus, documents shall be produced in
response to the Document Subpoenas, except that investor reports that SM Kids
already has produced through party discovery need not be produced by these nonparties.
2. The recipients of the subject Deposition Subpoenas, i.e., Allan Cohen, Jared Lader,
Michael Cohen and David Evans, have knowledge of information relevant to the
subject matter of this action and thus their depositions properly may be taken.
However, to reduce the burden on these non-parties, and based upon principles of

Case 1:18-cv-02637-LGS-SDA Document 158 Filed 12/15/20 Page 2 of 2

proportionality, each of the foregoing depositions shall be taken remotely and shall
be limited to three hours and thirty minutes.
SO ORDERED.
DATED:

New York, New York
December 15, 2020
______________________________
STEWART D. AARON
United States Magistrate Judge

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