Macy’s Inc. Chief Executive Officer Terry Lundgren is scheduled to give a deposition next month in a contract dispute with Martha Stewart Living Omnimedia Inc., according to documents filed today in New York state court.
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 home goods brand.
Martha Stewart Living in May asked New York State Supreme Court Justice Jeffrey Oing to order Macy’s to make Lundgren available for a deposition as soon as possible, saying he has “unique, relevant personal knowledge.” Macy’s asked Oing to deny the request, saying it was “unreasonable and untimely.”
Lundgren is scheduled for a half-day of questioning on July 3 in advance of a July 13 hearing on his company’s request for a preliminary injunction, according to a letter filed in the case by lawyers for Macy’s.
Lawyers for Macy’s also asked the judge to order Martha Stewart, the company’s founder, to appear for three more hours to continue her deposition in the case, saying she “possesses new and unique information that would unquestionably be relevant and helpful to the court,” according to the filing.
Martha Stewart Living lawyers argued that Macy’s “should not be entitled to rolling discovery in aid of their motion for a preliminary injunction.”
Jim Sluzewski, a spokesman for Macy’s, and Jeanne Meyer, a spokeswoman for Martha Stewart Living, didn’t immediately respond to telephone messages seeking comment on the court filings.
The case is Macy’s Inc. v. Martha Stewart Living Omnimedia Inc., 650197/2012, New York state Supreme Court (Manhattan).