JLM Couture, Inc. v. Gutman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JLM COUTURE, INC., Plaintiff, -v- CIVIL ACTION NO. 20 Civ. 10575 (LTS) (SLC) HAYLEY PAIGE GUTMAN and CONRAD LOUIS CLEVLEN, ORDER

Defendants.

SARAH L. CAVE, United States Magistrate Judge.

Before the Court are the motions of (i) Defendants; (ii) Defendants’ counsel, Haynes and Boone, LLP; (iii) non-party Donna Gutman (“Ms. Gutman”); and (iv) non-party She Is Cheval LLC (“Cheval”) (ECF Nos. 441, 445, 448, 455 (the “Motions”)), seeking to quash information subpoenas issued by Plaintiff in aid of execution of the Court’s January 5, 2023 judgment (the “Judgment”) (ECF No. 417). Today, September 26, 2023, the Court held a conference (the “Conference”) to discuss the Motions, at which counsel for Plaintiff, Defendants, Ms. Gutman, and Cheval appeared.

As the Court set forth on the record at the Conference, the Motions are GRANTED and the information subpoenas in aid of execution are QUASHED. The Judgment is nonfinal, as Chief Judge Swain explained in her denial of Defendant Gutman’s motion for reconsideration. (ECF No. at 2 n. 1). Nonfinal judgments may not be ordinarily be enforced via writs of execution, see Fed. R. Civ. P. 54(b); 69(a); see also Int’l Controls Corp. v. Vesco, 535 F.2d 742, 745 (2d Cir. 1976), and Plaintiff has failed to provide authority justifying the issuance of information subpoenas in aid of execution where execution is not yet permitted under the Federal Rules of Civil Procedure.

Dated: New York, New York SO ORDERED.

September 26, 2023 AIG Ch, SABAH L. CAVE United States Magistrate Judge