Order | Filed: September 03, 2026
| Entered: September 03, 2026
Gilead Sciences, Inc. et al v. Safe Chain Solutions, LLC et al
Trademark | New York Eastern
Order(Other)
ORDER denying without prejudice 1728 . By way of background, Gilead renews its request to seek Fed. R. Civ. P. 37(b) sanctions against Mr. Levitan, which the Court denies without prejudice for the reasons set forth below. Gilead has listed each discovery request in Dkt. No. 1728 -2, and Mr. Levitan has responded to reach discovery request by referring to his "Discovery Meet and Confer Memo," which clarifies the email addresses that Mr. Levitan searched, and states that he has not intentionally withheld responsive documents or information in his possession, custody, or control, and states that to the extent that information are in the possession, custody, or control of governmental agencies, it is no longer in Mr. Levitan's possession, custody or control. Dkt. No. 1728 -1. In sum, it appears that Mr. Levitan has only produced a single document in discovery in the entire case, namely, screenshots taken from the Florida's Division of Corporation's website. Dkt. No. 1723 at 3. Mr. Levitan states that he has not withheld any responsive documents, and therefore provides no privilege log. Dkt. No. 1728 at 6.
Gilead argues that Mr. Levitan is being "evasive and non-responsive" as demonstrated by the "dozens of emails and bank records bearing Levitan's names and exhibits in his deposition, which Gilead obtained from other defendants and which confirm Levitan used the email and bank accounts that Gilead has inquired about." Dkt. No. 1728 at 3. Some examples of those emails and bank records include documents at Dkt. No. 1723 -6, 1723 -7, and 1723 -8. Gilead argues that Mr. Levitan has not produced a single document from any of the relevant email accounts or any bank records. Dkt. No. 1728 at 3.
Accordingly, by September 10, 2026, Gilead shall file a letter listing (1) the specific categories of documents, such as email addresses and bank records bearing Mr. Levitan's name, that demonstrates that Mr. Levitan is withholding discovery; (2) the interrogatory or request for production of document to which each category pertains; and (3) the factual basis for Gilead's assertion that Mr. Levitan continues to have documents in his possession, custody, or control.
By September 17, 2026, Mr. Levitan shall file a letter responding to each category in Gileads September 10, 2026 letter, stating (1) whether he has any relevant documents in his possession, custody, or control; if not, the reasons the document is not or no longer in his possession, custody, or control; (2) whether Mr. Levitan has searched for the document; and (3) a detailed description of the nature of Mr. Levitan's search, including the email address(es) searched, and any keywords or search terms used in the search. If Mr. Levitan is withholding any documents, he shall produce a privilege log by the same date.
Upon receipt of Mr. Levitans September 17, 2026 letter, Gilead shall confer with Mr. Levitan regarding outstanding issues, if any. The parties shall file a joint status report by September 23, 2026. Ordered by Magistrate Judge Joseph A. Marutollo on 9/3/2026. (KY)