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May 1 (Bloomberg) -- Macy’s Inc. has refused to make Chief Executive Officer Terry Lundgren available for a deposition in its lawsuit against Martha Stewart Living Omnimedia Inc., according to a court filing.

Martha Stewart Living, in a letter filed today, asked New York State Supreme Court Justice Jeffrey Oing to order Macy’s to make Lundgren available “as soon as possible,” saying he has “unique, relevant personal knowledge.” Martha Stewart Living’s namesake founder and President Lisa Gersh have already been deposed in the case, along with four Macy’s employees, according to the letter.

“It has become clear that Mr. Lundgren personally played an instrumental role in the contract negotiations and other business activities that are at the center of this dispute,” lawyers for Martha Stewart Living said in the letter.

Macy’s, based in Cincinnati, sued in January to stop New York-based Martha Stewart Living from executing a sales agreement announced in December with J.C. Penney Co. Macy’s said it has the exclusive right to sell Martha Stewart-branded products in certain categories.

J.C. Penney, based in Plano, Texas, acquired a 17 percent stake in Martha Stewart Living for $38.5 million as the U.S. department-store chain seeks to revive sales with new mini-stores dedicated to the brand.

Macy’s will respond to the court and didn’t have any comment in the interim, Jim Sluzewski, a spokesman for the company, said in an e-mail.

The case is Macy’s Inc. v. Martha Stewart Living Omnimedia Inc., 650197/2012, New York state Supreme Court (Manhattan).

To contact the reporter on this story: Chris Dolmetsch in New York at

To contact the editor responsible for this story: Michael Hytha at

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