Tzumi Innovations, LLC v. Wheeler

• Court: District Court, S.D. New York
• Decided: May 12, 2021
• Docket: 1:21-cv-00122
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane eK TZUMI INNOVATIONS, LLC, : Plaintiff, : : 21 Civ. 122 (LGS) -against- : : ORDER MICHAEL S. REGAN, et al., : Defendants. : none KX LORNA G. SCHOFIELD, District Judge: WHEREAS, “{iJn order for a federal court to retain jurisdiction over a case, an actual controversy must exist at all stages of review, not merely at the time the compliant 1s filed.” Williams v. Annucci, 895 F.3d 180, 187 (2d Cir. 2018) (internal quotation marks omitted). WHEREAS, Plaintiff indicated that as of January 2021, nine million units of the “Wipe Out!” product bearing the label at issue in this case were on store shelves and additional units were in Tzumi’s possession. WHEREAS, Plaintiff indicated that it has revised the label for the “Wipe Out!” product and contracted to sell units bearing the revised label. It is hereby ORDERED that Plaintiff shall file a status update by May 19, 2021, providing an estimate of how many, if any, units of the “Wipe Out!” product bearing the old label are available on store shelves or in Plaintiffs possession. It is further ORDERED that Defendants shall file a status update by May 21, 2021, providing an update on the status of their investigation into the “Wipe Out!” product. Dated: May 12, 2021 New York, New York

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE