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Shih v. Petal Card Inc.

Motion to Compel Documents' Production Denied as Irrelevant to Parties' Instant Litigation

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OPINION AND ORDER By letter-motion dated September 7, 2021 (Def. Moving Ltr.) (Dkt. No. 204), defendants Petal Card, Inc. (Petal), Andrew Endicott, and Jason Gross sought an order compelling plaintiff Cassandra Shih and three non-parties — two of her businesses and an individual employed by one of them — to produce documents that defendants believe will be useful to them in proving that certain statements recently made by plaintiff, “touting her accomplishments as a businesswoman, a ‘tech’ CEO, and a repeat founder of start-up businesses,” are false. Def. Ltr. at 1. On November 9, 2021, I denied the motion from the bench, with a written decision to follow. This opinion sets forth the reasons for my ruling. I. BACKGROUND In her Second Amended Complaint (SAC) (Dkt. No. 93), plaintiff Shih alleges that in April2015 she entered into an enforceable oral joint venture agreement with defendant Endicott to develop a novel business concept — originated by her and shared with him as her prospective co-founder — for a “credit bridging” company that would meet the credit needs of new immigrants and migrants to the United States. SAC

24-55. The two worked collaboratively on the project from April through June 2015, agreeing (among other things) that they would call their company “CreditBridge,” that they would be 50-50 partners, that they would search for a data scientist to assist with product development, and that Endicott (a law school graduate then working as an investment banker) would be initially responsible for fund-raising, but that he would not promise equity to anyone else without Shih’s express approval. Id.

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