Decided: January 4, 20181Recitation in accordance with CPLR 2219 (a) of the papers considered on the joint notice of motion of defendants Mazdack Rassi, Moishe Mana, Erez Shternlicht, Milk Studios, LLC; Legs Media, LLC, Milk Agency, LLC, Milk Makeup LLC, Milk Makeup Holdings, LCC, Milk Management, LLC and Scott Sassa (hereinafter the movants) filed on March 31, 2017 under motion sequence number five, for an order: (1) dismissing the complaint pursuant to CPLR 3211 (a) (4), or, in the alternative; (2) dismissing the complaint pursuant to CPLR 327 (a), or, in the alternative; (3) dismissing the complaint pursuant to CPLR 3211 (a) (3), or, in the alternative; (4) dismissing the complaint pursuant to CPLR 3211 (a) (7).Notice of motionAffirmation in supportExhibits A-IAffidavit of Jenkins in supportExhibits A-BAffidavit of Schulman in supportAffidavits of Angela Wei, G. Jasper, Laura Marcucci, Reynaldo Perelta, and Scott Sassa,Memorandum of law in supportMemorandum of law in oppositionMemorandum of law in replyRecitation in accordance with CPLR 2219 (a) of the papers considered on the joint notice of motion of defendants Mazdack Rassi, Moishe Mana, Erez Shternlicht, Milk Studios, LLC; Legs Media, LLC, Milk Agency, LLC, Milk Makeup LLC, Milk Makeup Holdings, LCC, Milk Management, LLC and Scott Sassa (hereinafter the movants) filed on April 28, 2017 under motion sequence number six, for an order pursuant to CPLR 2304, 3101 and 3214: (1) enforcing the automatic stay of discovery triggered by the filing of defendants’ motion to dismiss; (2) quashing the subpoenas served by plaintiff on non-party witnesses Sephora USA, Inc.; Birchbox, Inc.; and Urban Outfitters, Inc; and (3) imposing sanctions upon plaintiff and his counsel based on frivolous conduct.Notice of motionAffirmation in supportExhibits A-JAffirmation in OppositionDECISION & ORDERBACKGROUND
*1 On June 27, 2016, Adam Joseph (hereinafter Joseph) commenced the instant action by*2