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Macy’s vs. Martha, the Latest Development

Lawyers for Martha Stewart Living Omnimedia Inc. asked a New York state court to disregard Macy’s Inc.’s subpoena of Robin Marino.

MACY’S VS. MARTHA: Lawyers for Martha Stewart Living Omnimedia Inc. asked a New York state court to disregard Macy’s Inc.’s subpoena of Robin Marino, former president of merchandising at Martha Stewart. According to Stewart’s attorneys, plaintiff Macy’s failed to provide adequate notice of subpoena and deposition, violating civil practice law and rules. As a result, the defendants are seeking a protective order, which would ensure that Marino’s deposition is stayed while the court decides the matter.

“We suspect that plaintiffs seek Ms. Marino’s deposition because they believe that the testimony will aid their application for a preliminary injunction,” said Martha Stewart’s lawyer Eric Seiler of Friedman Kaplan Seiler & Adelman.

Last month, Macy’s sued Martha Stewart, accusing the company of violating the 2006 deal to make and sell certain products exclusively to Macy’s. The retailer has asked the court for a preliminary injunction to prevent Martha Stewart from selling such branded wares to its rival, J.C. Penney Co. Inc. In court papers, Martha Stewart said Macy’s had “attempted to launch one-sided, premature discovery in this case.”

Martha Stewart must reply to the lawsuit by Feb. 22.