653927/2023 SHIPLION, LLC vs. BAUBLE BAR, INC. Motion No. 007 008 009 010 011 Page 1 of 3 Upon the foregoing documents, and for the reasons stated on the record following oral argument on February 4, 2025, it is ORDERED that BaubleBar’s Motion for a Protective Order preventing the depositions of Ms. Amy Jain, Mr. James Chu, and Ms. Elizabeth Gunn each for a second time (Mot.
007) is GRANTED; it is further ORDERED McGrail & Bensinger LLP’s (“M&B”) Motion to quash a November 15, 2024 Subpoena issued to M&B by BaubleBar (Mot.
009) are GRANTED, however, the Court will allow BaubleBar to take a further targeted deposition of Mr. Gewirtzman regarding the negotiating and drafting the TSCA within the next two weeks; it is further ORDERED that ShipLion’s Motion to compel discovery relating to BaubleBar’s purported damages (Mot.
010) is GRANTED in so far as BaubleBar is directed to provide its supplemental expert report within the next two weeks, and ShipLion is authorized to further depose BaubleBar’s expert and submit a rebuttal report; BaubleBar is directed to search for and produce any financial statements setting forth BaubleBar’s shipping costs during the relevant time period; it is further ORDERED that BaubleBar’s Motion to Compel (Mot.
As to the remaining requests, the parties have one week to meet and confer and ShipLion shall produce any remaining documents responsive to BaubleBar’s requests, or otherwise be precluded from offering any evidence at trial that has not been produced; it is further ORDERED that all parties’ requests for attorney’s fee are DENIED; it is further 653927/2023 SHIPLION, LLC vs. BAUBLE BAR, INC. Motion No. 007 008 009 010 011 Page 2 of 3 ORDERED that along with the deadlines contained herein, Note of Issue shall be filed by March 14, 2025; and it is further ORDERED that the parties upload a copy of the transcript of the proceedings to NYSCEF upon receipt.