WAITING FOR TERRY: Macy’s Inc. is hoping to keep Terry J. Lundgren, its chairman, president and chief executive officer, from testifying in its legal battle against Martha Stewart Living Omnimedia Inc. A day after Martha Stewart sent a letter to the New York State judge hearing the case asking that Lundgren be deposed, lawyers for Macy’s shot back citing that the request is both “unreasonable and untimely.”

According to Macy’s, the ceo “possesses no unique” information that would be “material and necessary in this action.” In January, Macy’s sued Martha Stewart, claiming breach of contract in the wake of Martha Stewart’s deal to set up shops-in-shop with J.C. Penney Co. Inc.

This story first appeared in the May 3, 2012 issue of WWD. Subscribe Today.

The Macy’s letter said Martha Stewart already took the depositions of four Macy’s employees who were directly involved in the case and, since then, it “hasn’t hinted” that it intended to ask for any further depositions. Now Stewart is asking that Lundgren be available before May 18, the immediacy of which Macy’s called “disingenuous at best.” Martha Stewart declined to comment.

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