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Trademark | New York Eastern
Notice of Report Patent or Trademark AO120
Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 Judgment) (LH)
Order on Motion for Sanctions Order on Motion to Seal
ORDER denying without prejudice 1723 and 1724 . Pursuant to Fed. R. Civ. P. 37(a)(1) and Court's Individual Practice and Rule VI(B), the parties shall meet and confer by telephone. By August 28, 2026, the parties shall file a joint letter that contains a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action, and the date and time of the meet and conferral. If the parties cannot resolve the dispute, Gilead shall list each discovery request it argues that Mr. Levitan failed to comply, and Mr. Levitan shall respond to each item on that list.
Further, Mr. Levitan shall include in the joint letter a list of any and all discovery he is withholding, and the legal basis for withholding such documents. Fed. R. Civ. P. 26(b)(5)(A). Mr. Levitan is cautioned that pursuant to Fed. R. Civ. P. 37(c)(1), "[i]f a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial."
Ordered by Magistrate Judge Joseph A. Marutollo on 8/21/2026. (KY)
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