Brooklyn Music Distribution, Inc. v. Vydia, Inc.

Background

The document is a joint opposition and cross-letter-motion filed by plaintiff Vaeso, Inc. and third-party defendant Impactiva S. de R.L. in response to defendant High Peak Software, Inc.’s discovery-related letter-motion. The filing concerned disputes over document requests, responses to discovery, and a late request for admission.

Discovery disputes

Vaeso and Impactiva argued that several of High Peak’s requests for production were too broad, sought irrelevant information, extended beyond the relevant period, or were not proportional to the needs of the case. They specifically challenged requests seeking information about Vaeso’s corporate capitalization, financial statements, contracts, revenues, board minutes, shareholder notices, and end users.

They also asserted that High Peak had failed to provide adequate responses to many of their own discovery requests. According to the filing, High Peak often repeated documents already produced, failed to provide documents supporting its claims and defenses, or supplied spreadsheets that Vaeso and Impactiva characterized as created for the litigation without supporting invoices, statements, or other records. The filing identified claimed amounts of approximately $1,842,879 and $2,126,173, among other disputed issues, but the court did not decide the validity of those claims in this document.

Late request for admission

Vaeso and Impactiva argued that High Peak served a request for admission after the deadline in the court’s case-management order. They disputed High Peak’s reliance on Federal Rule of Civil Procedure 6 for calculating the deadline.

Court’s action

Judge Engelmayer directed the defendant to respond to the plaintiff’s letter by July 14, 2022. He also reminded the plaintiff that requests to exceed the applicable page limit must be granted by the court, not opposing counsel. The document does not state that the court granted or denied the letter-motions, resolve the discovery objections, impose sanctions, or decide the underlying contract-related claims.