Bored Apes co-founders Wylie Aronow, Greg Solano’s scheduled depositions in lawsuit against Ryder Ripps fail to occur

  • In Yuga Labs’ trademark lawsuit against Ryder Ripps and Jeremy Cahen, Magistrate Judge John E. McDermott rejected Yuga Labs’ motion to avoid the depositions of its co-founders Wylie Aronow and Greg Solano scheduled by Ripps for Jan. 9 and Jan. 11, respectively.
  • The court’s order on Jan. 8 anticipated that the Jan. 9 deposition of Aronow might need to be rescheduled (given the shortness of time after the court’s order), but the order seems to anticipate the Jan. 11 deposition of Solano will occur, even by video. Well, neither happened.
    • “Without a protective order, Mr. Aranow is obliged to appear for his deposition on January 9, 2023. If he does not appear, Yuga will responsible for payment of any expenses associated with the failed deposition. The parties must then meet and confer in good faith on an alternate date for the deposition of Mr. Aranow as soon as convenient.
    • “As to Mr. Solano’s deposition scheduled for January 11, 2023, the Court directs the parties to meet and confer in good faith on the arrangements with due consideration for Mr. Solano’s medical appointment. The deposition may be by video. The Court reminds the parties of their mandatory duty under Rule 37-1 to confer in good faith to reduce or eliminate issues in dispute.
  • Jeremy Cahen, the co-defendant with Ripps, tweeted that he sat for his deposition, which lasted 7 hours.
  • It’s unclear whether the parties’ lawyers conferred in good faith (yet) to reschedule the depositions of Aronow and Solano. (We’d expect the lawyers to do so.)
  • Meanwhile, the Bored Ape Yacht Club is proceeding with its minting related to the Trial of Jimmy this week.
  • *COI disclosure: I own Yuga Labs’ NFTs (Mutant Ape and Otherdeed).