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Stampede Presentation Products, Inc. v. M & A International Inc., 15-CV-557A(Sr). (2016)

Court: District Court, W.D. New York Number: infdco20160405c12 Visitors: 6
Filed: Apr. 04, 2016
Latest Update: Apr. 04, 2016
Summary: DECISION AND ORDER H. KENNETH SCHROEDER, Jr. , Magistrate Judge . This case was referred to the undersigned by the Hon. Richard J. Arcara, pursuant to 28 U.S.C. 636(b)(1), for all pretrial matters and to hear and report upon dispositive motions. Dkt. #8. In this action, Stampede Presentation Products, Inc. ("Stampede"), seeks indemnification from M&A International, Inc. ("M&A"), of $157,698.84 plus fees, costs and expenses incurred by Stampede as a result of trademark litigation initia
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DECISION AND ORDER

This case was referred to the undersigned by the Hon. Richard J. Arcara, pursuant to 28 U.S.C. § 636(b)(1), for all pretrial matters and to hear and report upon dispositive motions. Dkt. #8.

In this action, Stampede Presentation Products, Inc. ("Stampede"), seeks indemnification from M&A International, Inc. ("M&A"), of $157,698.84 plus fees, costs and expenses incurred by Stampede as a result of trademark litigation initiated by Oakley, Inc. ("Oakley"). Dkt. #1.

M&A demanded production of all documents and information relating to settlement of the Oakley trademark litigation, but Stampede declined to provide the documents due to a confidentiality clause in the settlement agreement. Dkt. #13-1, ¶ 10.

M&A moved to compel disclosure of the settlement agreement (Dkt. #13), arguing that it is impossible to assess Stampede's damages or otherwise evaluate Stampede's claim against M&A without such disclosure. Dkt. #13-1, ¶ 16.

Stampede opposes the motion because the litigation between Stampede and Oakley was dismissed subject to a confidentiality clause. Dkt. #16, ¶ 3.

Stampede cannot seek indemnification from M&A without providing M&A with documentation regarding the resolution of the trademark litigation commenced by Oakley. Accordingly, M&A's motion to compel is granted and Stampede is ordered to disclose all documents and information relating to the settlement between Stampede and Oakley.

SO ORDERED.

Source:  Leagle

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