| London
Luxury Was Denied a TRO in SDNY Then
Threatened to Sue Press Now Stay Denied
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
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NY
Mag
SDNY COURTHOUSE,
May 27 – London Luxury LLC
sued HSBD in a dispute over
payments related to PPE
gloves.
On May 26, U.S.
District Court for the
Southern District of New York
Judge Katherine Polk Failla
held a proceeding to rule on
London Luxury's request for a
TRO. Inner City Press covered
it, here.
After Inner City
Press published its short
report of the denial of the
requested TRO, London Luxury,
whose CEO is listed as Marc
Jason, had a lawyer write to
the Press with a legal threat:
"Kenneth Hayes at
epsteinostrove dot com via
epsteinarlenostrove.onmicrosoft.com
12:59 PM (14 minutes ago) to
Matthew Lee at innercitypress
dot com and Elliot Ostorve at
Epstein Ostrove dot com
Mr.
Lee: I
am writing to follow-up on my
voicemail of a few moments
ago. This firm
represents London Luxury
LLC. London Luxury
hereby demands that the
article posted by Inner City
Press concerning yesterday’s
hearing be retracted and
removed immediately. The
article is fundamentally
erroneous. London Luxury
commenced a lawsuit to stop a
drawdown on a letter of credit
being held by HSBC. The
article does not reflect this
very important distinction
and, therefore, is most
inaccurate.
We trust that Inner City Press
desires to report the new
accurately and, therefore,
will withdraw the article
immediately without the need
for litigation."
Consider it
a letter to the editor. While
not required, here's a quote
from the amended complaint:
"In connection with
Plaintiff's efforts to source
PPE from manufacturers in
Malaysia, a line of credit was
established with Standard
Chartered Bank. The line of
credit was originally in the
amount of $4 million and later
reduced $2 million....
Plaintiff obtained a standby
letter of credit from
Defendant [HSBC]... upon
information and belief Ms Laas
access the line of credit for
the purpose of paying
herself."
There, was that
so difficult? What kind of
company immediately threatens
to sue over a published report
that it was denied a TRO?
Maybe a refresher on the First
Amendment - and anti SLAPP law
- is required.
Judge Failla
recounted that no irreparable
harm had been shown, nor
likelihood of success on the
merits.
Nevertheless, she
said she would stay her
decision for 24 hours to allow
appeal to the Second Circuit,
or longer if the parties write
to her.
But when
London Luxury wrote it asking
for a longer stay, it was
quickly denied: "ORDER:
denying [19] Letter Motion to
Stay re: [19] LETTER MOTION to
Stay. addressed to Judge
Katherine Polk Failla from
ELLIOT D. OSTROVE dated MAY
27, 2022. For the reasons
outlined in the Court's oral
decision of May 26, 2022,as
supplemented by Defendant's
above submission, Plaintiff's
application for an extension
of the stay of this Court's
May 26, 2022 Order is hereby
DENIED. Given the Court's
ruling, any further relief
sought by Plaintiff related to
the instant emergency
application must be directed
to the Second Circuit Court of
Appeals. The Clerk of Court is
directed to terminate the
pending motion at docket entry
19. SO ORDERED. (Signed by
Judge Katherine Polk Failla on
5/27/2022)."
We will continue
to follow this case.
The case is
London Luxury LLC v. HSBC Bank
USA, N.A., 22-cv-4235
(Failla)
***
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