Minutes | Filed: September 28, 2026
| Entered: September 28, 2026
Gilead Sciences, Inc. et al v. Safe Chain Solutions, LLC et al
Trademark | New York Eastern
Discovery Hearing Order on Motion for Leave to File ~Util - Set Deadlines/Hearings
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A discovery conference was held on September 28, 2026. Counsel for Gilead appeared. Peter Colosi also appeared for Gilead. Pro se defendant Mr. John Levitan ("Mr. Levitan") appeared. Mr. Levitan's brother, Daniel Levitan, also appeared.
The Court certifies discovery as closed, except with respect to Gilead's outstanding discovery requests to Mr. Levitan, as discussed at the September 28, 2026 conference. The Court addressed 1731 , 1732 , 1733 , 1734 , 1735 , and 1736 and made the following rulings.
By September 29, 2026, Gilead shall serve Mr. Levitan with any key search terms relevant for Mr. Levitan's continued search of his email account(s) and any other electronic discovery.
By October 5, 2026, Mr. Levitan shall serve to Gilead all supplemental discovery, along with any declarations or affidavits regarding the search. The declarations or affidavits shall detail all steps taken to conduct any search in connection with Gilead's discovery requests. By October 5, 2026, Mr. Levitan shall also indicate to Gilead whether he is asserting any privilege, including a Fifth Amendment privilege, with respect to his discovery responses. If Mr. Levitan is asserting a privilege, he shall produce a privilege log as well.
By October 8, 2026, the parties shall file a joint status report regarding Gilead's outstanding discovery. In this joint status report, Gilead shall inform the Court whether it will seek to file a motion for sanctions, or, alternatively, whether Gilead will reserve argument on sanctions for purposes and raise the argument in its anticipated motion for summary judgment. If Gilead seeks to file a motion for summary judgment, it shall comply with Judge Donnelly's Individual Practices and Rules. Mr. Levitan shall also clarify in this joint status report whether he is asserting any Fifth Amendment privilege with respect to any discovery responses. The Court will set a deadline for any anticipated motion for summary judgment at a later date.
By October 9, 2026, the parties shall file a joint status report regarding Mr. Levitan's potential counterclaim and the parties' positions as to what is the operative complaint and what is Mr. Levitan's operative answer.
If Gilead seeks to file a motion for sanctions, Gilead shall file its motion for sanctions by October 16, 2026. Mr. Levitan shall file a response by October 30, 2026. Gilead shall file a reply by November 4, 2026.
Mr. Levitan withdrew the motion to seal at Dkt. No. 1734 . Dkt. No. 1737 , which seeks to file a reply regarding the motion to seal, is denied as moot.
Gilead shall serve a copy of this Minute Entry on Mr. Levitan and file proof of service by September 29, 2026. Ordered by Magistrate Judge Joseph A. Marutollo. (ZoomGov Log #9:33-11:07.) (EG)