Magistrate Judge James Francis


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Defendants allegedly marketed apparel containing plaintiff’s copyrighted photographs. In addition to discovery sanctions, including default judgment, and leave to amend his complaint to add New Rise Brands Holdings LLC as a defendant, plaintiff’s February 2017 letter motions sought to compel Iconix Brand Grp. Inc. and Roc Apparel Grp. LLC (RAG) to provide additional discovery responses. Despite rejecting plaintiff’s sanctions and amendment requests, the court addressed his discovery arguments. It found RAG properly objected to plaintiff’s interrogatories as beyond the scope of Local Civil Rule 33.3 without a showing they were a more efficient way of obtaining the requested information than other forms of discovery. RAG also either produced responsive documents or indicated that no such documents existed. However, the court found plaintiff entitled to further explore RAG’s tardy production of certain sales records. It also found no basis for plaintiff’s assertion that Iconix waived objections to his discovery demands by failing to answer them in a timely manner. The court also observed that no individual currently employed at Iconix had first-hand knowledge of the design and sale of the allegedly infringing goods.