EVIMZIENEVL™ =

GLACIER LAW LLP M0 EN [) Xs cr i 41 MADISON AVENUE, TELEPHONE (332) 261-8227 ‘ TE VNULG SUITE 2529, FACSIMILE (312) 801-4587 NEW YORK, 10010 EMAIL: RUOTING.MEN(@GLACIER. LAW Taree =o) August 24 , 2023 | SDNY Via Electronic Case Filing | DGRUNENE 'EL© CTRONICALLY FILEL Honorable Louis L. Stanton, | Th . United States District Judge, fivsak 9 / □□□□ 500 Pearl St. ile te pee □ New York, NY 10007-1312 = © Re: Creative Glassware Industrial Co., Ltd. v. Lifestyle International LLC Case No: 1:22-cv-04074 RE: Motion to Compel Defendant to Respond Plaintiff's Subpoena

Dear Judge Stanton: This firm represents Plaintiff in the above referenced matter. On December 19, 2022, the Court entered judgment in favor of Plaintiff against Defendant, Lifestyle International LLC (“Defendant”) in the amount of $198,189.20. [Dkt. 34]. On May 15, 2023, a subpoena to produce documents were served on Defendant. (A copy of the subpoena to produce documents is annexed hereto and the proof of service is annexed hereto as Exhibit A). Defendant has failed to respond in any regard to the subpoena to produce documents which were required to be responded by May 20, 2023. Under Rule 69 of the Federal Rules of Civil Procedure (the “FRCP”), a party that obtains a money judgment in a federal district court may enforce that judgment in accordance with the procedure of the state in which the court is located. See Fed. R. Civ. P. 69(a)(1); see Soundkillers LLC v. Young Money Ent. LLC, 14cv7980 (KBF) (DF),

, at *3 (S.D.N.Y. Aug. 2, 2016), adopted,

(S.D.N.Y. Sept. 15, 2016); Fed. Ins. Co. v. CAC of NY, Inc., No. 14-cv-4132 (DRH)(SIL),

, at *2 (E.D.N.Y. Sept. 4, 2015). A judgment creditor may rely on federal or state discovery procedures in order to obtain information relevant to the satisfaction of a judgment. See Fed. R. Civ. P. 69(a)(2); Soundkillers,

, at *3; CAC of NY,

, at *2 A judgment creditor may also serve a subpoena for documents upon a judgment debtor pursuant to FRCP 45. See Davis v. Brown, No. CV 12-1906(SJF)(ETB),

, at *1 (E.D.N.Y. May 9, 2013); Finkel y. SI. Assocs. Co., Inc., No. CV 2009-5329ILG)(MDG),

, at *1 (E.D.N.Y. June 11, 2012); see also Cunningham vy. Channer, LLC, Case # 17- 1| Page

CV-1305-FPG,

, at *3 (W.D.N.Y. Sept. 26, 2018). Rule 45 provides that an attorney, as an officer of the court, may issue a subpoena on behalf of a court in which the action is pending. See Fed. R. Civ. P. 45(a)(2),(3). If a commanded party “fails without adequate excuse to obey the subpoena,” the court may hold that party in contempt. Fed. R. Civ. P. 45(g). Based on Defendant’s failure to respond to the subpoena to produce documents, Plaintiff request entry of an order (1) directing Defendant to respond to same within two weeks; and (2) 0, warning Defendant that kif it failed to respond to same within two weeks, it will be held in 4 contempt of Court aie gies to pay a daily penalty for each day it fails to comply.

We thank this Court for its time and attention to this matter 4| 7 Respectfully Submitted, /s/ Ruoting Men Ruoting Men, Esq. Cc: Via ECF Counsel of Record

2 | Page

AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Oy oy Ill oS ee UNITED STATES DISTRICT COURT for the Southern District of New York Creative Glassware Industrial Co., Ltd. ) Plaintiff ) V. ) Civil Action No. Lifestyle International LLC ) er ) Defendant ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Lifestyle International LLC 2045 LINCOLN HIGHWAY, 3RD FLOOR, EDISON, NJ, UNITED STATES, 08817 (Name of person to whom this subpoena is directed) of Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material: All Lifestyle International LLC's bank account information including but not limited to monthly statement and annual tax information; all the property and/or assets belongs to and/or in possession of Lifestyle International LLC. Place: Glacier Law LLP ~ [Date and Time: □ 41 Madison Ave Suite 2529 New York, NY 10010 e/a Ge Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: 05/04/2023 CLERK OF COURT OR 7 /s/ Ruoting Men Signature of Clerk or Deputy Clerk Attorney's signature The name, address, e-mail address, and telephone number of the attorney representing (name of party) Creative Glassware Industrial Co., Ltd. , who issues or requests this subpoena, are: Ruoting Men, Glacier Law LLP, 41 Madison Ave Suite 2529, New York, NY 10010 Tel:332-261-8227 Notice to the person who issues or requests this subpoena A notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

AO 88B (Rey. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) I received this subpoena for (name of individual and title, if any) on (date) . ©) I served the subpoena by delivering a copy to the named person as follows:

on (date) 5 or I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ . My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date: Server's signature

Printed name and title

Server's address Additional information regarding attempted service, etc.:

ae lL ee ee ee ea ee AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3) □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ SESS Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13) (c) Place of Compliance. (ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s (1) For a Trial, Hearing, or Deposition. A subpoena may command a study that was not requested by a party. person to attend a trial, hearing, or deposition only as follows: (C) Specifying Conditions as an Alternative. In the circumstances (A) within 100 miles of where the person resides, is employed, or described in Rule 45(d)(3)(B), the court may, instead of quashing or regularly transacts business in person; or modifying a subpoena, order appearance or production under specified (B) within the state where the person resides, is employed, or regularly conditions if the serving party: transacts business in person, if the person (i) shows a substantial need for the testimony or material that cannot be (i) is a party or a party’s officer; or otherwise met without undue hardship; and (ii) is commanded to attend a trial and would not incur substantial (ii) ensures that the subpoenaed person will be reasonably compensated. expense. (e) Duties in Responding to a Subpoena. (2) For Other Discovery. A subpoena may command: (A) production of documents, electronically stored information, or (1) Producing Documents or Electronically Stored Information. These tangible things at a place within 100 miles of where the person resides, is procedures apply to producing documents or electronically stored employed, or regularly transacts business in person; and information: (B) inspection of premises at the premises to be inspected. (A) Documents, A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or (d) Protecting a Person Subject to a Subpoena; Enforcement. must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney If a subpoena does not specify a form for producing electronically stored responsible for issuing and serving a subpoena must take reasonable steps information, the person responding must produce it in a form or forms in to avoid imposing undue burden or expense on a person subject to the which it is ordinarily maintained or in a reasonably usable form or forms. subpoena. The court for the district where compliance is required must (C) Electronically Stored Information Produced in Only One Form. The enforce this duty and impose an appropriate sanction—which may include person responding need not produce the same electronically stored lost earnings and reasonable attorney’s fees—on a party or attorney who information in more than one form. fails to comply. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information (2) Command to Produce Materials or Permit Inspection. from sources that the person identifies as not reasonably accessible because (A) Appearance Not Required. A person commanded to produce of undue burden or cost. On motion to compel discovery or for a protective documents, electronically stored information, or tangible things, or to order, the person responding must show that the information is not permit the inspection of premises, need not appear in person at the place of reasonably accessible because of undue burden or cost. If that showing is production or inspection unless also commanded to appear for a deposition, | made, the court may nonetheless order discovery from such sources if the hearing, or trial. requesting party shows good cause, considering the limitations of Rule (B) Objections. A person commanded to produce documents or tangible 26(b)(2)(C). The court may specify conditions for the discovery. things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or (2) Claiming Privilege or Protection. sampling any or all of the materials or to inspecting the premises—or to (A) Information Withheld. A person withholding subpoenaed information producing electronically stored information in the form or forms requested. under a claim that it is privileged or subject to protection as trial-preparation The objection must be served before the earlier of the time specified for material must: compliance or 14 days after the subpoena is served. If an objection is made, (i) expressly make the claim; and the following rules apply: (ii) describe the nature of the withheld documents, communications, or (i) At any time, on notice to the commanded person, the serving party tangible things in a manner that, without revealing information itself may move the court for the district where compliance is required for an privileged or protected, will enable the parties to assess the claim. order compelling production or inspection. (B) Information Produced. \f information produced in response to a (ii) These acts may be required only as directed in the order, and the subpoena is subject to a claim of privilege or of protection as order must protect a person who is neither a party nor a party’s officer from _trial-preparation material, the person making the claim may notify any party significant expense resulting from compliance. that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified (3) Quashing or Modifying a Subpoena. information and any copies it has; must not use or disclose the information (A) When Required. On timely motion, the court for the district where until the claim is resolved; must take reasonable steps to retrieve the compliance is required must quash or modify a subpoena that: information if the party disclosed it before being notified; and may promptly (i) fails to allow a reasonable time to comply; present the information under seal to the court for the district where (ii) requires a person to comply beyond the geographical limits compliance is required for a determination of the claim. The person who specified in Rule 45(c); produced the information must preserve the information until the claim is (iii) requires disclosure of privileged or other protected matter, if no resolved. exception or waiver applies; or (iv) subjects a person to undue burden. (g)Contempt. (B) When Permitted. To protect a person subject to or affected by a The court for the district where compliance is required—and also, after a subpoena, the court for the district where compliance is required may, on motion is transferred, the issuing court—may hold in contempt a person motion, quash or modify the subpoena if it requires: who, having been served, fails without adequate excuse to obey the (i) disclosing a trade secret or other confidential research, subpoena or an order related to it. development, or commercial information; or

For access to subpoena materials, see Fed. R. Civ, P. 45(a) Committee Note (2013).

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 22-CV-04074 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (I))

This summons for Lifestyle International LLC was recieved by me on 5/12/2023: Oo | personally served the summons on the individual at (piace) on (date) ; or

Oo | left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on , and mailed a copy to the individual’s last known address; or

1 served the summons on Arlene Sanchez, who is designated by law to accept service of process on behalf of Lifestyle International LLC at 2045 Lincoln Highway 3rd floor, Edison, NJ 08817 on 05/15/2023 at 3:45 PM; or

| returned the summons unexecuted because ; or Oo Other (specify)

My fees are $ 0 for travel and $ 95.00 for services, for a total of $ 95.00. | declare under penalty of perjury that this information is true.

Date: 95/15/2023

Server's signature Michael Weinshenker Printed name and title 30 Tamara Drive Roosevelt, NJ 08555

Server's address

Additional information regarding attempted service, etc: | delivered the documents to Arlene Sanchez who identified themselves as the person authorized to accept with identity confirmed by subject stating their name. The individual accepted service with direct delivery. The individual appeared to be a brown-haired Hispanic female contact 35-45 years of age, 5'6"-5'8" tall and weighing 180-200 Ibs.

AN