Temporary Restraining Order Motion — Before Hon. Loretta A. Preska — 3M Company, Performance Supply LLC, 20 Civ. 2949 (LAP), May 4, 2020

Summary

A transcript of the May 4, 2020 11:00 a.m. telephonic hearing on a Temporary Restraining Order Motion in 3M Company v. Performance Supply LLC, No. 20 Civ. 2949 (LAP), in the United States District Court for the Southern District of New York, before Hon. Loretta A. Preska, District Judge, Doc. 26. Carmine Zarlenga, John Mancini and Jonathan Thomas of Mayer Brown LLP appear for 3M. The court notes the filed certificates of service and no response from the defendant, and asks whether any lawyer for the defendant wishes to be heard; there is no response. The court then says a preliminary injunction is ordered, generally prohibiting the defendant from false, misleading, or deceptive conduct in connection with 3M or its product, and counsel offers Word versions of the proposed findings of fact.

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
K54Q3mH
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------x

3M COMPANY,

               Plaintiff,

           v.                           20 Civ. 2949 (LAP)
                               Temporary Restraining
                               Order Motion
PERFORMANCE SUPPLY LLC,

               Defendant.

------------------------------x
                                        New York, N.Y.
                                        May 4, 2020
                                        11:00 a.m.

Before:

HON. LORETTA A. PRESKA,

                                        District Judge

APPEARANCES

MAYER BROWN LLP
     Attorneys for Plaintiff
BY:  CARMINE R. ZARLENGA
     JONATHAN WEBSTER THOMAS
     A. JOHN P. MANCINI

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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
K54Q3mH
         (The Court and all parties appearing telephonically)
THE COURT:  For plaintiffs, who do we have?
MR. ZARLENGA:  Your Honor, this is Carmine Zarlenga at
Mayer Brown representing 3M.
THE COURT:  Yes, sir.  Good morning.
MR. MANCINI:  Good morning, your Honor.  This is John
Mancini of Mayer Brown on behalf of 3M as well.
THE COURT:  Who is joining, please?  Good morning.
Let's give it one more minute because I show 10:59.
MR. THOMAS:  Good morning, your Honor.  This is
Jonathan Thomas on behalf of plaintiffs 3M from Mayer Brown.
THE COURT:  Who just joined?
MR. RASHBAUM:  Willie Rashbaum from the New York
Times.
THE COURT:  Good morning.  Nice to hear you.
MR. RASHBAUM:  Nice to talk to you, Judge.
MR. ZARLENGA:  Carmine Zarlenga at Mayer Brown for 3M.
All lawyers are on the line.
THE COURT:  Excellent.  I show 11:00.  So, if we
haven't gone on the record before, we will now.
Mr. Zarlenga, I see from the docket sheet that you
have filed your certificates of service of the papers on the
defendant.  I also do not see on this docket sheet any response
from the defendant.
Have you people received any communication, papers, or
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
K54Q3mH
anything else from the defendant?
MR. ZARLENGA:  You are correct in that we have served
everything.  We've gone to great lengths to do that, and we
have not received any communications from the defendant.
THE COURT:  Is there any lawyer for anyone at all from
the defendant on the line who wishes to be heard?
(No response).
THE COURT:  I don't hear that there is anyone here.
Accordingly, folks, then the preliminary injunction ordered,
and generally it will prohibit the defendant from engaging in
any false, misleading, or deceptive conduct in connection with
3M or its product.  And that will include not representing
itself as being an authorized distributor, vendor, agent,
representative, retailer, and/or licensee of 3M and/or of any
of 3M's products, including, without limitation, 3M brand N95
respirators.
Mr. Zarlenga, I received just a few minutes ago the
proposed findings of fact which you filed.  We will take a look
at those, and something will be issued in due course.  Is there
anything else you want to do now, Counsel?
MR. ZARLENGA:  I don't think so, your Honor.  Again,
this is Carmine Zarlenga.  I would say that I think the way
those documents were filed, they're in PDF format.  I don't
know if the Court is interested in having Word versions, but
we're happy to provide them if that's helpful.
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          SOUTHERN DISTRICT REPORTERS, P.C.
            (212) 805-0300
K54Q3mH
THE COURT:  That would be very helpful, Mr. Zarlenga.
Thank you.
MR. ZARLENGA:  Is there some way we should do that to
make sure we get it to the right place?
THE COURT:  Ben?
LAW CLERK:  So, if you pull up Judge Preska's
individual practices, which you can access on Google, at the
very top of that document is the email address for the
chamber's inbox.  You can just send the Word version to that
address, please.
MR. ZARLENGA:  It will be done.
THE COURT:  Thank you.  Anything else, anyone?
Thank you, Counsel.
(Adjourned)
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