Wenger S.A. v. Galaxy Brands LLC et al

Filing 166

ORDER granting in part and denying in part 149 Letter Motion to Compel; granting in part and denying in part 150 Letter Motion to Compel. Before the Court is a Letter Motion by Plaintiff seeking to compel third-party Walmart Inc. to fully comply with Plaintiff's subpoena. (Letter Motion, ECF Nos. 149 & 150.) Following a telephone conference on November 15, 2022 with Plaintiff, Defendant Olivet International, Inc. and Walmart, Inc., it is hereby Ordered that Plaintiffs Letter Motion is GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiff and Walmart shall meet and confer regarding appropriate search terms, custodians and date ranges to be used for Walmarts search for electronically stored information respon sive to Plaintiff's subpoena. 2. No later than November 22, 2022, Plaintiff and Walmart shall file a joint letter as to the status of their negotiations and shall set forth any remaining disputes regarding the search terms, custodians and/or d ate ranges. 3. The Court, in its discretion, declines to impose sanctions against Walmart at this time. The parties shall meet and confer in good faith to avoid any future disputes. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/17/2022) (kl)

Case 1:20-cv-01107-LGS Document 166 Filed 11/17/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/17/2022

Wenger S.A.,
Plaintiff,
-against-

1:20-cv-01107 (LGS) (SDA)
ORDER

Galaxy Brands LLC et al.,
Defendants.
STEWART D. AARON, United States Magistrate Judge:
Before the Court is a Letter Motion by Plaintiff seeking to compel third-party Walmart Inc.
to fully comply with Plaintiff’s subpoena. (Letter Motion, ECF Nos. 149 & 150.) Following a
telephone conference on November 15, 2022 with Plaintiff, Defendant Olivet International, Inc.
and Walmart, Inc., it is hereby Ordered that Plaintiff’s Letter Motion is GRANTED IN PART and
DENIED IN PART as follows:
1. Plaintiff and Walmart shall meet and confer regarding appropriate search terms,
custodians and date ranges to be used for Walmart’s search for electronically stored
information responsive to Plaintiff’s subpoena.
2. No later than November 22, 2022, Plaintiff and Walmart shall file a joint letter as to
the status of their negotiations and shall set forth any remaining disputes regarding
the search terms, custodians and/or date ranges.
3. The Court, in its discretion, declines to impose sanctions against Walmart at this time.
The parties shall meet and confer in good faith to avoid any future disputes.

Case 1:20-cv-01107-LGS Document 166 Filed 11/17/22 Page 2 of 2

SO ORDERED.
Dated:

New York, New York
November 17, 2022
______________________________
STEWART D. AARON
United States Magistrate Judge

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