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City of New York v. Golden Feather Smoke Shop

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


November 25, 2009

THE CITY OF NEW YORK, PLAINTIFF,
v.
GOLDEN FEATHER SMOKE SHOP, INC., KIMO SMOKE SHOP, INC., SMOKE AND ROLLS INC., SHAWN MORRISON, KIANA MORRISON, IN HER INDIVIDUAL CAPACITY, MONIQUE'S SMOKE SHOP, ERNESTINE WATKINS, IN HER INDIVIDUAL CAPACITY, JESSEY WATKINS, WAYNE HARRIS, PEACE PIPE SMOKE SHOP, RODNEY MORRISON, SR., CHARLOTTE MORRISON, IN HER INDIVIDUAL CAPACITY, RED DOT & FEATHERS SMOKE SHOP, INC., RAYMOND HART, IN HIS INDIVIDUAL CAPACITY, SMOKING ARROW SMOKE SHOP, DENISE PASCHALL, IN HER INDIVIDUAL CAPACITY, TONY D. PHILLIPS, TDM DISCOUNT CIGARETTES, AND THOMASINA MACK, IN HER INDIVIDUAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: Amon, United States District Judge.

MEMORANDUM & ORDER

Certain defendants ("Moving Defendants")*fn1 have appealed Magistrate Judge Azrack's Discovery Order dated November 3, 2009 denying Moving Defendants' Motion to Stay Discovery. This Court finds that that Magistrate Judge Azrack denial of Moving Defendants' Motion was not erroneous or contrary to law. See Fed. R. Civ. P. 72(a).

Plaintiff the City of New York (the "City") seeks further discovery and depositions in order to ascertain whether Moving Defendants are acting in violation of this Court's August 25, 2009 Order which enjoined all the defendants from selling unstamped cigarettes to the public on and after September 25, 2009. The City is not seeking discovery pertaining to the merits of the case, or any dispositive issues which may be decided by the Court of Appeals for the State of New York in the pending appeal Cayuga Indian Nation of N.Y. v. Gould, 2009 WL 1981848 (4th Dep't July 10, 2009). Moreover, the City has provided Magistrate Judge Azrack with sufficient evidence that some of the Moving Defendants have acted in violation of this Court's injunctive order.

Accordingly, Moving Defendants' appeal and request to stay discovery is denied.

Discovery is to proceed in front of Magistrate Judge Azrack.

SO ORDERED.

Carol Bagley Amon United States District Judge


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