Tzumi Innovations, LLC v. Wheeler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TZUMI INNOVATIONS, LLC, : Plaintiff, : : 21 Civ. 122 (LGS) -against- : : ORDER MICHAEL S. REGAN, et al., : Defendants. : LORNA G. SCHOFIELD, District Judge: WHEREAS, “[iJn order for a federal court to retain jurisdiction over a case, an actual controversy must exist at all stages of review, not merely at the time the compliant is filed.”

Williams vy. Annucci, 895 F.3d 180, 187 (2d Cir. 2018) Gnternal quotation marks omitted).

WHEREAS, Plaintiff indicated that as of May 2021, 3.9 million units of the “Wipe Out!” product bearing the label at issue in this case were on store shelves. It is hereby ORDERED that Plaintiff and Defendants shall file a joint status update by June 28, 2021, providing (1) an estimate of how many units of the “Wipe Out!” product bearing the old label are available on store shelves and (2) an update on the status of Defendants’ investigation into the “Wipe Out!” product.

Dated: June 21, 2021 New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE