Order | Filed: June 23, 2026
| Entered: June 23, 2026
Emursive LLC v. From The Underground To Overground LLC et al
Trademark | New York Southern
Memo Endorsement ~Util - Set Deadlines/Hearings
MEMO ENDORSEMENT on re: 71 Letter filed by Emursive LLC. ENDORSEMENT: At the April 10, 2026, conference, and in the subsequent order, the Court warned the parties that its decision to adjourn the deadline to complete fact discovery to June 30, 2026, was a "one-time extension." Dkt. 62 at 2. The Court specifically directed the parties- "particularly Defendants From the Underground to Overground LLC and William Etundi, Jr., whose failure to participate in discovery has caused the delays in this case thus far" - that it would not tolerate their continued failure to work efficiently and collaboratively through discovery. Id. The Court is alarmed to learn that Defendant Centuar Properties LLC ( which is represented by the same attorneys who represented From the Underground to Overground and Mr. Etundi at the time of the April 10 conference) has ignored that warning. Centaur's conduct, as described in this letter, does not amount to a meaningful effort to comply with the Court's discovery deadlines. Among other things, the fact that Centaur produced 11,000 pages of supplemental discovery three weeks later than it originally represented it would, and just two business days before a deposition where that discovery would be relevant, represents an astonishing lack of diligence. Centaur's representation that it "retained additional counsel who appeared in this case on June 10, 2026" and began engaging in discovery is irrelevant. Richard Portale has represented Centaur since October 2025, see Dkt. 27, Lewis Fischbein has represented Centaur since January 2026, see Dkt. 48, and Drew Sumner has represented Centaur since May 2026, see Dkt 68. All of these attorneys have had an obligation to work efficiently toward meeting the June 30 discovery deadline, and all of them have failed to do so. Regardless, given that the parties have apparently agreed on a schedule to complete discovery by July 30, 2026, the request to extend the fact discovery deadline to that date is GRANTED. The deadline will not, under any circumstances, be extended again. The post-fact discovery conference scheduled for July 10, 2026, is ADJOURNED to Friday, July 31, 2026, at 10:00 A.M. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007. The pre-conference joint letter is due July 23, 2026. Continued failure by Defendants to act with diligence toward meeting the deadline may result in sanctions. SO ORDERED. ( Fact Discovery due by 7/30/2026., Status Conference set for 7/31/2026 at 10:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/23/2026) (jjc)