House v. Wayne USA Co., LTD. et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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WAYNE HOUSE,
Plaintiff,
V.
WAYNE USA CO. LTD., eta/.,
Defendants.
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WILLIAM F. KUNTZ, II, United States District Judge:
ORDER
19-CV-2674 (WFK) (VMS)
On September 23, 2025, ChiefMagish·ate Judge Vera M. Scanlon issued a Repmt &
Recommendation ("R&R"), ECF No. 199, proposing the Comt grant in part and deny in part two
motions in the above-captioned action: (1) Non-Paities Tony Hom ("Hom") and Qianqian Wu's
("Wu," together with Hom, "Non-Patties") Motion to Quash Non-Paity Subpoenas at ECF No.
191; and (2) Plaintiffs Cross-Motion to Compel Non-Parties to Comply with the Validly Issued
and Served Subpoenas at ECF No. 195. The parties did not file any objections to the R&R,
which were due by Tuesday, October 7, 2025. See 28 U.S.C. § 636(b)(l)(C); Fed. R. Civ. P.
72(b)(2).
The Comt reviews an R&R for clear error when no objections have been filed. See
Covey v. Simonton, 481 F. Supp. 2d 224,226 (E.D.N.Y. 2007) (Garaufis, J.). Finding no such
error here, the Court adopts the R&R in its entirety.
Non-Parties' motion to quash the subpoenas issued on Wu is DENIED without prejudice,
and Plaintiffs cross-motion to compel compliance with the subpoenas issued on Wu is also
DENIED without prejudice. Non-Parties' motion to quash the subpoena duces tecum served
upon Hom is DENIED, and Plaintiffs cross-motion to compel compliance with the subpoena
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duces tecum is GRANTED in part. Non-Parties' motion to quash the subpoena ad testificandum
issued upon Hom is GRANTED without prejudice, and Plaintiff's cross-motion to compel
compliance with the same subpoena is DENIED without prejudice.
The Court ORDERS Hom to provide any non-privileged documents responsive to
Plaintiffs document requests and a categorical privilege log by Friday, March 27, 2026.
The Court fmiher ORDERS the Plaintiff and Non-Parties to file a letter as to the status of
the subpoenas issued upon Wu by Friday, March 27, 2026.
The Court further ORDERS Plaintiff and the Non-Parties to meet and confer within
thirty (30) days of Plaintiff receiving Hom's document productions as to whether there are any
outstanding issues regarding Horn's document productions or any information Plaintiff seeks,
and what areas of inquiry, if any, Plaintiff still wishes to pursue in a deposition.
The Comi further ORDERS Plaintiff and Non-Parties to file, within forty-five (45) days
of Plaintiff receiving Hom's document productions, a joint status letter indicating any
outstanding discovery issues and whether a deposition of Hom is still necessary, and if so, the
areas of inquiry for this deposition. Plaintiff is given leave to re-issue the subpoena ad
testificandum upon Hom within thiiiy (30) days after filing the above joint status letter indicating
whether a deposition is necessary.
Dated: February 26, 2026
Brooklyn, New York
SO ORDERED.
HON. WILLIAM F. KUNTZ, II
UNITED STATES DISTRICT JUDGE
s/WFK
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