Patsy's Brand, Inc. v. I.O.B. Realty, Inc.

DOCUMENT ELECTRONICALLY FILED DOC #: UNITED STATES DISTRICT COURT DATE FILED: October 7, 2024 SOUTHERN DISTRICT OF NEW YORK wan KX PATSY’S BRAND, INC., Plaintiff, Vv.

99-CV-10175 (KMW) 1.0.B. REALTY, INC., PATSY’S INC., ORDER FRANK BRIJA, JOHN BRECEVICH, and NICK TSOULOS, Defendants. wen KX KIMBA M. WOOD, United States District Judge: By October 11, 2024 at 5 p.m., counsel for Respondent Brian Roffe must submit a letter to the Court providing: 1) Any explanation for Mr. Roffe’s reliance on RPC Rule 1.7 (ECF No. 497), which relates to conflicts of interest between a lawyer’s two clients; and 2) A detailed account of any advice Mr. Roffe provided! to (1) Mr. Frank Brija, and (2) Mr. Adem Bria, separately, and/or to both at the same time, concerning 4(e) of the Injunction.

SO ORDERED.

Dated: New York, New York October 7, 2024 /s/ Kimba M. Wood KIMBA M. WOOD United States District Judge is a well-established principle that when a defendant asserts an advice-of-counsel defense, as Mr. Frank Brija does here, with respect to any subject, he watves any attorney-client privilege that would otherwise attach to the subject. See, e.g., United States v. Bilzerian, 926 F.2d 1285, 1292 (2d Cir. 1991).

2 The Court has reviewed the interrogatory responses Mr. Roffe provided to Plaintiff’s counsel, including the email identified by Mr. Roffe as responsive.