Opinion
INDEX NO. 651789/2018
04-02-2019
ASAF BERMAN, AYELET BERMAN, Plaintiff, v. DEAN JANKELOWITZ, MAYA JANKELOWIZ, NOAMBENNY, LLC,JANKMAN, LLC,MAYADEAN LLC,MOLLY PICON, LLC Defendant.
NYSCEF DOC. NO. 97 PRESENT: HON. ANDREW BORROK Justice MOTION DATE 01/08/2019 MOTION SEQ. NO. 002
DECISION AND ORDER
The following e-filed documents, listed by NYSCEF document number (Motion 002) 35, 36, 37, 38, 39, 52, 53, 54, 72, 73, 74, 75 were read on this motion to/for DISCOVERY. Upon the foregoing documents and for the reasons set forth on the record (4/2/2019), this motion is decided as follows.
Plaintiffs' motion to compel discovery
1. Plaintiffs' motion with respect to credit card statements for all credit card accounts maintained by or paid by each of the JWF Entities (responsive to Request Nos. 10, 12, 14, 18, 19, 23, 24, 41, and 42 of Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted on consent. The Defendant will produce the same within the next 30 days.
2. Plaintiffs' motion with respect to bank statements for all accounts maintained by the each of the JWF Entities (responsive to Request Nos. 10, 12, 14, 18, 19, 23, 24, 41, and 42 of Plaintiffs' First Set of Document Requests and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted on consent. The Defendant will produce the same within the next 30 days.
3. Plaintiffs' motion with respect to images for all JWF Entity checks issued in connection with uniform, travel, air and accommodations, social media, social media marketing, meals and entertainment, R&D, and legal expenses incurred by the JWF Entities (responsive to Request Nos. 10, 12, 14, 18, 19, 41, and 42 of the Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted on consent. The Defendant will produce the same within the next 60 days. The Defendant may require additional time as the production is coming from the bank.
4. Plaintiffs' motion with respect to invoices and/or receipts for all expenses incurred by the JWF Entities for uniforms, travel, air and accommodations, social media, social media marketing, meals and entertainment, R&D, and legal fees (responsive to Request Nos. 10, 12, 14, 18, 19, 41, and 42 of Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted on consent to the extent that such papers exist in the storage facility or are otherwise within the defendant's possession within 30 days.
5. Plaintiffs' motion with respect to communications between and among Dean Jankelowitz and Maya Jankelowitz (responsive to all the Plaintiffs' discovery demands) is granted on consent pursuant to ESI search terms and the agreed upon 5 email accounts and subject to an appropriate privilege claim and log (the ESI Search) within 60 days. The Defendant may require additional time as it relates to their ESI consultant.
6. Plaintiffs' motion with respect to all communications between the Jankelowitzs and all class B members of the JWF Entities since 2010 (responsive to all the Plaintiffs' discovery demands) is granted on consent pursuant to the ESI Search within 60 days. The Defendant may require additional time as it relates to their ESI consultant.
7. Plaintiffs' motion with respect to all communications concerning a cookbook developed by any of the Defendants (responsive to Request Nos. 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests, and Request No. 8 of Plaintiffs' Second Set of Document Requests) is denied based on the court's prior ruling.
8. Plaintiffs' motion with respect to all communications with the designer of the JWF cookbook, Paperwhite Studio GMBH/LTD (responsive to Request Nos. 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests, and Request Nos. 4 and 8 of Plaintiffs' Second Set of Document Requests) is denied based on the court's prior ruling.
9. Plaintiffs' motion with respect to records demonstrating all payments made to Paperwhite Studio GMBH/LTD (responsive to Request Nos. 10, 12, 14, 23, 24, 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests, and Request Nos. 1, 4, and 8 of the Plaintiffs' Second Set of Document Requests) is granted and shall be turned over within the next 30 days.
10. Plaintiffs' motion with respect to all communications with the designer of the JWF trademark, Alessandra Olano (responsive to Request Nos. 10, 12, 14, 23, 24, 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests, and Request Nos. 1, 3, and 8 of Plaintiffs' Second Set of Document Requests) is denied based on the court's prior ruling.
11. Plaintiffs' motion with respect to records demonstrating all payments made to Alessandra Olano (responsive to Request Nos. 10, 12, 14, 23, 24, 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests, and Request Nos. 1, 3, and 8 of Plaintiffs' Second Set of Document Requests) is granted and shall be turned over within the next 30 days.
12. Plaintiffs' motion with respect to all communications between any of the Defendants and their bookkeeping company, Vilardi & Co. concerning expenses purportedly incurred by the JWF Entities for uniforms, travel, air and accommodations, social media, social media marketing, meals and entertainment, and R&D (responsive to Request Nos. 10, 12, 14, 18, 19, 23, 24, 41, 42, and 51 of Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted to the extent of the ESI Search and shall be provided within 60 days. The Defendant may require additional time as it relates to their ESI consultant.
13. Plaintiffs' motion with respect to all communications between Jay Jacktong (during or after his employment with Vilardi & Co.) and any of the Defendants from September 2017 to the present (responsive to Request Nos. 12, 14, 18, 19, 23, 24, 41, 42, and 51 of Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted to the extent of the ESI Search and shall be provided within 60 days. The Defendant may require additional time as it relates to their ESI consultant.
14. Plaintiffs' motion with respect to all reports, documents, communications, approvals, work papers, and other all other materials related to or resulting from complaints made by the Plaintiffs in November 2017 concerning the JWF Entities' bookkeeping practices, including any subsequent restatement of the JWF Entities' financial books and records and any communications concerning such restatement with the Jankelowitzs (responsive to Request Nos. 10, 12, 14, 18, 19, 23, 24, 41, and 42 of Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted to the extent of the ESI Search and shall be provided within 60 days. The Defendant may require additional time as it relates to their ESI consultant.
15. Plaintiffs' motion with respect to all reports, documents, communications, work papers, and other all other materials related to or resulting from an investigation of the JWF Entities by Citrin Cooperman, the accountant of the JWF Entities, as authorized during a meeting of JWF Entities' members on March 16, 2018 (responsive to Request Nos. 10, 12, 14, 18, 19, 23, 24, 41, 42, and 50 of Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted to the extent of the ESI Search and shall be provided within 60 days. The Defendant may require additional time as it relates to their ESI consultant.
16. Plaintiffs' motion with respect to all agreements for professional services between any of the Defendants and Chiesa Shahinian & Giantomasi LLP concerning legal services for the trademarks and the cookbook (responsive to Request Nos. 12, 23, 24, 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests, and Request No. 1 of Plaintiffs' Second Set of Document Requests) is granted on consent and shall be turned over within 60 days.
17. Plaintiffs' motion with respect to all legal bills and invoices issued by Chiesa Shahinian & Giantomasi LLP to any of the Defendants concerning legal services for the trademarks
and the cookbook (responsive to Request Nos. 12, 23, 24, 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests and Request Nos. 1 and 8 of Plaintiffs' Second Set of Document Requests) is granted on consent and shall be turned over within 60 days.On consent, the defendants are to bear their own discovery costs, subject to further proceedings for reallocation of costs. Depositions shall occur by end of July, 2019. The Plaintiffs depositions to be taken first. SC: June 4, 2019 @ 11:30 am. Parties to provide a complete deposition schedule for both plaintiffs and defendants at such time. 4/2/2019
18. Plaintiffs' motion with respect to records demonstrating all payments made to Chiesa Shahinian & Giantomasi LLP for work on the trademarks and the cookbook (responsive to Request Nos. 12, 23, 24, 28, 29, 32, 33, 53, and 54 of Plaintiffs' First Set of Document Requests, and Request Nos. 1 and 8 of Plaintiffs' Second Set of Document Requests) is granted on consent and shall be turned over within 60 days.
19. Plaintiffs' motion with respect to communications between Dean Jankelowitz and trademark counsel concerning the trademarks is denied.
20. Plaintiffs' motion with respect to all documents and communications concerning the JWF location in Chelsea (responsive to Request Nos. 12, 23, and 24 of Plaintiffs' First Set of Document Requests, and Request Nos. 1, 5, 6, 7, and 8 of Plaintiffs' Second Set of Document Requests) is denied based on the prior ruling.
DATE
/s/ _________
ANDREW BORROK, J.S.C.