Beverly Hills Teddy Bear Company v. Best Brands Consumer Products, Inc. et al

Filing 244

ORDER denying 238 Letter Motion to Compel. For the reasons articulated on the record during that conference, Defendants' motion to compel is denied. In addition, as discussed on the record during that conference, should GennComm continue to assert mediation privilege over documents created after October 19, 2020, it is ordered to supplement its privilege log and provided an affidavit describing pertinent facts to that privilege assertion no later than July 28, 2022. The Clerk of Court is directed to terminate the motion at Dkt. No. 238.. (Signed by Judge Gregory H. Woods on 7/14/2022) (ate) Modified on 7/15/2022 (ate).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------X BEVERLY HILLS TEDDY BEAR COMPANY, : : Plaintiff, : : -against: : BEST BRANDS CONSUMER PRODUCTS, INC. : and BEST BRANDS SALES COMPANY, LLC, : : Defendants. : ----------------------------------------------------------------- X USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED: 7/14/2022 1:19-cv-3766-GHW ORDER GREGORY H. WOODS, United States District Judge: On July 14, 2022, the Court held a teleconference to discuss Defendants’ motion to compel third-party GennComm LLC’s (“GennComm”) response to a subpoena. Dkt. No. 238. For the reasons articulated on the record during that conference, Defendants’ motion to compel is denied. In addition, as discussed on the record during that conference, should GennComm continue to assert mediation privilege over documents created after October 19, 2020, it is ordered to supplement its privilege log and provided an affidavit describing pertinent facts to that privilege assertion no later than July 28, 2022. The Clerk of Court is directed to terminate the motion at Dkt. No. 238. SO ORDERED. Dated: July 14, 2022 New York, New York _____________________________________ GREGORY H. WOODS United States District Judge

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