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S.D.N.Y.Procedural orderFiled June 3, 2022

Covet & Mane, LLC v. Invisible Bead Extensions, LLC

Judge
John Cronan
Docket
1:21-cv-07740
Court
U.S. District Court · Southern District of New York
Pages
5
DiscoveryCivil Procedure
In one sentence

In Covet & Mane v. Invisible Bead Extensions, Judge Lehrburger denied without prejudice a request to quash subpoenas, requiring the parties to confer live.

Who this affects

Invisible Bead Extensions, LLC, Covet & Mane, LLC, Kitsune Hair Co. LLC, and the subpoenaed third parties were affected. The court required the parties to meet and confer live and stated that Kitsune had to produce qualifying documents concerning Invisible Bead Extensions within its possession, custody, or control.

What happened

In Covet & Mane, LLC v. Invisible Bead Extensions, LLC, Invisible Bead Extensions asked the court to protect against or quash subpoenas issued by Covet & Mane to third parties, including Kitsune Hair Co. LLC. Invisible Bead Extensions argued that the subpoenas were overbroad, irrelevant, burdensome, and served without required witness fees.

The court denied the application without prejudice. It said that many requests appeared properly tailored to relevant subject matter, while some appeared too broad. The court required the parties to meet and confer live about the subpoena requests.

Judge Robert W. Lehrburger also stated that, regardless of the business relationship between Kitsune and Invisible Bead Extensions, Kitsune must produce relevant, responsive, nonprivileged documents concerning Invisible Bead Extensions that were within Kitsune’s possession, custody, or control.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Covet & Mane, LLC v. Invisible Bead Extensions, LLC · No. 1:21-cv-07740
Judge
John Cronan
Date
June 3, 2022

Background

Invisible Bead Extensions, LLC applied for a protective order or asked the court to quash or modify subpoenas issued by Covet & Mane, LLC to third parties. The subpoenas sought documents and testimony, including from Kitsune Hair Co. LLC and two individuals identified in the application as the Turleys.

Invisible Bead Extensions argued that the subpoenas were overbroad, sought information unrelated to the claims in the case, ignored corporate distinctions between Invisible Bead Extensions and Kitsune, and imposed an undue burden. It also argued that Covet & Mane had not timely provided the witness fees required when a subpoena demands a person’s attendance. The application relied on Federal Rules of Civil Procedure 26 and 45 and related local discovery procedures.

Ruling

The court denied the application without prejudice. It found that many of the subpoena requests appeared appropriately tailored to relevant subject matter, although some appeared overbroad. The court directed the parties to meet and confer live about the scope of the subpoena requests.

The court further ruled that, regardless of the corporate or business relationship between Kitsune and Invisible Bead Extensions, Kitsune was obligated to produce documents concerning Invisible Bead Extensions that were within Kitsune’s possession, custody, or control, so long as the documents were otherwise relevant, responsive, and not protected from disclosure.

Classification and effect

This was a discovery ruling rather than a decision on the underlying claims. The denial without prejudice left the application eligible for renewed consideration, although the opinion does not describe any later procedure or outcome.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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