Preview
FILED: NEW YORK COUNTY CLERK 09/06/2023 12:44 PM INDEX NO. 158721/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
liÊÜ'S I,Ê fTI, ÊtÈ =ÑE55 =, C u x
Oklahoma limited liability company, :
:
Plaintiff, :
:
- against - : Index No.: 158721/2023
:
LEAFLINK, INC., a Delaware corporation, :
: SUPPLEMENTAL AFFIDAVIT OF
Defendant. : MELVIN CHILDS
x
_________________________________
STATE OF OKLAHOMA )
) ss:
COUNTY OF OKLAHOMA )
I, Melvin Childs, being first duly sworn, deposes and says:
1. This affidavit is submitted in further support of Plaintiff's Verified Complaint and
Application for Temporary Restraining Order and Preliminary Injunction.
2. I am a resident of Oklahoma County, Oklahoma, and except where indicated
otherwise, all statements made herein are based upon my personal knowledge.
3. I am the manager of Plaintiff, Red's Health & Wellness, LLC. Red's manufactures
"Presidential" THC."
medical marijuana products under the tradename and "Presidential
4. To facilitate the sales of its products, Red's utilizes the platform LeafLink to market
and sell its cannabis products. LeafLink is a wholesale marketplace for licensed cannabis
businesses. LeafLink also provides other ancillary services for its clients, including invoicing,
ordering, accounts receivable and maintaining customer lists.
5. On August 23, 2023, counsel for Red's received an email from LeafLink stating
that "We have received a legal notification that your client, Reds Health & Wellness LLC, is
violating the intellectual property rights of a third party. This is a violation of LeafLink's terms and
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FILED: NEW YORK COUNTY CLERK 09/06/2023 12:44 PM INDEX NO. 158721/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/06/2023
conditions. Please be advised that your client must remove all infringing products (in this case,
"Presidential"
any product labeled with or "Presidential THC") from the LeafLink Marketplace. If
your client does not comply within 24 hours, their account will be suspended. Thank you in
cooperation."
advance for your
Reds'
6. Upon receipt of the August 23, 2023, counsel emailed Mr. Wynn at LeafLink
several times to explain the effect of the Order on the temporary injunction, including pointing out
"Presidential"
to Mr. Wynn that the Order specifically authorized Red's to use the name and
party"
inquired of Mr. Wynn what "intellectual property rights of a third LeafLink believed Red's
was infringing upon. Finally, Red's counsel asked to speak directly with LeafLink's counsel.
However, counsel's repeated attempts to discuss the Order on the temporary injunction were
ignored by Mr. Wynn and LeafLink.
7. On August 30, 2023, Red's filed suit against LeafLink in Oklahoma County District
Court, State of Oklahoma, and an Application for Temporary Restraining Order and Temporary
"Presidential"
Injunction, for an injunction to permit Red's to utilize the name and "Presidential
THC"
on the LeafLink platform. The hearing on Red's Temporary Restraining Order and
Temporary Injunction was set for September 6, 2023 at 10:00 a.m. The hearing never took place.
8. On September 5, 2023, Red's received notice that LeafLink suspended Red's
Reds'
account. The effect of suspension threatens the viability of Red's business. Specifically,
Red's cannot access any of its past or present orders. With respect to the present orders, Red's
cannot fulfill the orders without access to the platform. In addition, Red's is unable to generate or
collect on outstanding invoices and is prevented from ensuring compliance with distribution laws
in the State of Oklahoma. Finally, by suspending Red's account, LeafLink is denying Red's access
to its customer lists.
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FILED: NEW YORK COUNTY CLERK 09/06/2023 12:44 PM INDEX NO. 158721/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/06/2023
9. Subsequently, LeafLink filed a Notice of Removal on the morning of the hearing,
September 6, 2023, thereby divesting the Oklahoma County district court of jurisdiction to enter a
temporary restraining order. LeafLink has not answered or filed any responsive pleading to the
Petition.
10. The threat of irreparable harm is even greater now that LeafLink has suspended
Red's account and Court intervention is required. The suspension runs the risk of damaging Red's
goodwill and risks the livelihood of employees and the viability of the business.
I declare under the penalty of perjury that the foregoing statem nts are true.
ldelvin Chi>ds
Subscribed and sworn to before me this f September 20
ary Public .. ),
Comm'n No.:
Expiration D EXPa Ont/23
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Preview
FILED: NEW YORK COUNTY CLERK 09/06/2023 12:44 PM INDEX NO. 158721/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK liÊÜ'S I,Ê fTI, ÊtÈ =ÑE55 =, C u x Oklahoma limited liability company, : : Plaintiff, : : - against - : Index No.: 158721/2023 : LEAFLINK, INC., a Delaware corporation, : : SUPPLEMENTAL AFFIDAVIT OF Defendant. : MELVIN CHILDS x _________________________________ STATE OF OKLAHOMA ) ) ss: COUNTY OF OKLAHOMA ) I, Melvin Childs, being first duly sworn, deposes and says: 1. This affidavit is submitted in further support of Plaintiff's Verified Complaint and Application for Temporary Restraining Order and Preliminary Injunction. 2. I am a resident of Oklahoma County, Oklahoma, and except where indicated otherwise, all statements made herein are based upon my personal knowledge. 3. I am the manager of Plaintiff, Red's Health & Wellness, LLC. Red's manufactures "Presidential" THC." medical marijuana products under the tradename and "Presidential 4. To facilitate the sales of its products, Red's utilizes the platform LeafLink to market and sell its cannabis products. LeafLink is a wholesale marketplace for licensed cannabis businesses. LeafLink also provides other ancillary services for its clients, including invoicing, ordering, accounts receivable and maintaining customer lists. 5. On August 23, 2023, counsel for Red's received an email from LeafLink stating that "We have received a legal notification that your client, Reds Health & Wellness LLC, is violating the intellectual property rights of a third party. This is a violation of LeafLink's terms and 1 1 of 3 FILED: NEW YORK COUNTY CLERK 09/06/2023 12:44 PM INDEX NO. 158721/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/06/2023 conditions. Please be advised that your client must remove all infringing products (in this case, "Presidential" any product labeled with or "Presidential THC") from the LeafLink Marketplace. If your client does not comply within 24 hours, their account will be suspended. Thank you in cooperation." advance for your Reds' 6. Upon receipt of the August 23, 2023, counsel emailed Mr. Wynn at LeafLink several times to explain the effect of the Order on the temporary injunction, including pointing out "Presidential" to Mr. Wynn that the Order specifically authorized Red's to use the name and party" inquired of Mr. Wynn what "intellectual property rights of a third LeafLink believed Red's was infringing upon. Finally, Red's counsel asked to speak directly with LeafLink's counsel. However, counsel's repeated attempts to discuss the Order on the temporary injunction were ignored by Mr. Wynn and LeafLink. 7. On August 30, 2023, Red's filed suit against LeafLink in Oklahoma County District Court, State of Oklahoma, and an Application for Temporary Restraining Order and Temporary "Presidential" Injunction, for an injunction to permit Red's to utilize the name and "Presidential THC" on the LeafLink platform. The hearing on Red's Temporary Restraining Order and Temporary Injunction was set for September 6, 2023 at 10:00 a.m. The hearing never took place. 8. On September 5, 2023, Red's received notice that LeafLink suspended Red's Reds' account. The effect of suspension threatens the viability of Red's business. Specifically, Red's cannot access any of its past or present orders. With respect to the present orders, Red's cannot fulfill the orders without access to the platform. In addition, Red's is unable to generate or collect on outstanding invoices and is prevented from ensuring compliance with distribution laws in the State of Oklahoma. Finally, by suspending Red's account, LeafLink is denying Red's access to its customer lists. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 09/06/2023 12:44 PM INDEX NO. 158721/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/06/2023 9. Subsequently, LeafLink filed a Notice of Removal on the morning of the hearing, September 6, 2023, thereby divesting the Oklahoma County district court of jurisdiction to enter a temporary restraining order. LeafLink has not answered or filed any responsive pleading to the Petition. 10. The threat of irreparable harm is even greater now that LeafLink has suspended Red's account and Court intervention is required. The suspension runs the risk of damaging Red's goodwill and risks the livelihood of employees and the viability of the business. I declare under the penalty of perjury that the foregoing statem nts are true. ldelvin Chi>ds Subscribed and sworn to before me this f September 20 ary Public .. ), Comm'n No.: Expiration D EXPa Ont/23 3 3 of 3