H. Daya International Co., Ltd. v. DO Denim, LLC

Opinion

NPA a YO VO OU ae eee eee eee eee ee eS DOCUMENT ELECTRONICALLY FILED □ UNITED STATES DISTRICT COURT DOC #: □□□□□□□ SOUTHERN DISTRICT OF NEW YORK DATE FILED: 2B] 201%: H. DAYA INTERNATIONAL CO., LTD., =e =

Plaintiff, Civil Action No.: 16-cv-08668 (VM) (DCF) Sta - Fun dire Aa □□□□□ Le -against- A ALS am d A Yhe fu bya SCA A fe fa li- LA aa, RSLs (Fea □□□ Fo do so Ve DO DEMIM, LLC, REWARD JEAN, LLC, R. We , /! Ms beige fald 1 Cen □□□□□□ SISKIND & COMPANY, INC., SALOMON ae 2 feferdorte ts □□□□□□□ □□ MURCIANO, VINTAGE APPAREL GROUP, LLC, Ne dike th □□□□ □□ RICHARD SISKIND, ONLY BRAND, INC., ABC ace a2 □□ ae aid ¥ z b □□□□□ COMPANIES 1-100 (fictitious entities), & JOHN 5 1 h fare a DOES 1-100 (fictitious persons), SO ORDERED: DATE: _/2 □□□□ Defendants AM Mi eae □□ DEBRA FREEMAN UNITED STATES MAGISTRATE JUDGE NOTICE OF MOTION FOR CONTEMPT AND TO COMPEL = 674 saretery, NON-PARTY STAR FUNDING, INC. TO RESPOND TO SUBPOENA SF. □□□ | PLEASE TAKE NOTICE that, upon the accompanying Declaration of Elizabeth R. Baksh, dated October 21, 2019 (“Baksh Declaration”), the exhibits attached thereto, and the Memorandum of Law in Support of Defendants’ Motion for Contempt and to Compel Non-Party Star Funding, Inc. (“Star Funding”) to Respond to Subpoena, Defendants R. Siskind & Company, Inc., Vintage Apparel Group LLC, and Richard Siskind (the “Siskind Defendants”) will move before the Honorable Debra C. Freeman, United States Magistrate Judge of the Southern District of New York at the United States Courthouse, 500 Pearl Street, New York, New York, at a date and time to be determined, for an Order, pursuant to Rules 37(a) and 45(g) of the Federal Rules of Civil Procedure, and this Court’s inherent authority: (i) holding Star Funding in contempt for failure to respond to the subpoena served upon it on April 5, 2019 (the “Subpoena”), annexed to the Baksh Declaration as Exhibit A; (ii) compelling Star Funding to respond to the Subpoena within one (1) week of the hearing or determination of this motion; (iii)

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requiring Star Funding to file and serve a sworn certification that Star Funding has made all diligent and reasonable efforts and searches for documents responsive to the Subpoena; (iv) sanctioning Star Funding by awarding the Siskind Defendants attorneys’ fees and expenses they have incurred in prosecuting this motion; and (v) granting such other or further relief as the Court may deem just and proper. PLEASE ALSO TAKE NOTICE THAT, under Local Civil Rule 6.1, Star Funding must submit its opposition to the motion within seven (7) days after service of the moving papers. The Siskind Defendants certify that they have made efforts to confer in good faith with Star Funding regarding its failure to respond to the Subpoena but have been unable to resolve this dispute. Dated: October 21, 2019 DORSEY & WHITNEY LLP

By: /s/ Elizabeth R. Baksh Elizabeth R. Baksh Bruce R. Ewing (BE-0724) Elizabeth R. Baksh (EB-5863) Dorsey & Whitney LLP 51 West 52" Street New York, New York 10019 (212) 415-9200 ewing.bruce@dorsey.com baksh.elizabeth@dorsey.com Attorneys for Defendants R. Siskind & Company, Inc., Vintage Apparel Group LLC and Richard Siskind

TO: All Counsel of Record (via ECF) Star Funding, Inc. (via E-MAIL and UPS Next Day Air) 237 W. 37" Street, 5"" Floor New York, New York 10018