HORNSWAGGLED
Transparency On The High Seas Of Commerce
BREAKING: Federal Court Freezes Sea Tow's Entire Subpoena Campaign Judge Locke Pulls the Emergency Brake on 17 Non-Party Subpoenas Special Edition: February 19, 2026 | Case No. 2:20-cv-02877-WFK-SIL — Eastern District of New York
Dear Sea Tow Franchisees and Friends of the Fleet,
The seas have a way of humbling even the most arrogant captains. Today, the federal court in Central Islip reminded Sea Tow Services International that the rules of navigation apply to everyone — even those who think they own the ocean.
What happened today in Courtroom 820 should send a chill down the spine of every Sea Tow executive and a ray of hope to every franchisee who has ever wondered whether the legal system would ever intervene.
Magistrate Judge Steven I. Locke granted the Jaeger Defendants' emergency motion for a protective order, freezing all 17 of Sea Tow's non-party subpoenas in their tracks.
Every. Single. One.
THE ORDER: WHAT THE COURT ACTUALLY SAID
Let's not paraphrase. Let's look at what Magistrate Judge Locke actually ordered today, February 19, 2026:
FROM THE COURT'S ORDER (DE [311]): "The Jaeger Defendants' application for a temporary stay of compliance with 17 third-party subpoenas served by Plaintiff, DE [311], is granted. The recipients are temporarily relieved of the obligation to comply with the subpoenas until the matter can be resolved by the Court."
Read that again. The Court didn't say "we'll think about it." The Court didn't say "produce your documents while we sort this out." The Court said: you are relieved of the obligation to comply. Period.
And then the judge added this gem: "To the extent documents are received in the response to the subpoenas prior to final ruling from the Court on the substance of the motion, the parties are ordered not to review the documents until such a ruling has been made."
Translation: Even if someone already mailed something in before today's order, Sea Tow can't look at it. The judge put a lock on the mailbox and swallowed the key.
WHY THIS IS DEVASTATING FOR SEA TOW
Let's count the ways this order exposes Sea Tow's litigation strategy for what it is.
1. The Math Was Always Impossible
Regular readers of this newsletter will recall our previous reporting: Judge Locke's February 2, 2026 Scheduling Order stated in plain English that "No more than ten depositions will be taken by either side."
Sea Tow had already listed six party witnesses for deposition. That left four. So what did Sea Tow do? They served subpoenas demanding depositions from 17 additional non-party witnesses — bringing their total to 23 deposition targets against a limit of 10.
Twenty-three. Against a limit of ten.
That's not aggressive lawyering. That's either an inability to count or a deliberate strategy to overwhelm opposing counsel and terrorize non-party witnesses with legal process. We'll leave it to you to decide which is worse.
THE PATTERN: THIS ISN'T THE FIRST TIME
For those keeping score at home — and regular readers of this newsletter know we keep meticulous score — let's review the trajectory of Sea Tow's litigation conduct in this case:
2017: The Trademark Trial and Appeal Board cancelled Sea Tow's federal trademark registration for the color yellow, finding Sea Tow's discovery obstruction so severe that "any sanction short of judgment would be futile."
December 29, 2025: Judge Locke found Sea Tow made "untrue" representations in its motion papers about the Jaegers' document production and warned that "calling an adversary a liar in court filings… invite[s] suspicion on the accusing attorney."
February 2, 2026: Judge Locke issued a Scheduling Order limiting depositions to 10 per side and warning that the next discovery dispute could result in the appointment of a special master at the parties' expense.
February 5-10, 2026: Sea Tow served 17 non-party subpoenas seeking 23 total depositions — more than double the 10-deposition limit — requesting the same categories of documents denied three times by the Court.
February 19, 2026: Judge Locke grants emergency protective order, staying all 17 subpoenas.
Do you see the pattern? The Court says no. Sea Tow tries again through a different mechanism. The Court says no again. Sea Tow tries yet another way. And each time, the Court catches it.
WHY EVERY FRANCHISEE SHOULD CARE
You might be thinking: "This is a lawsuit between Sea Tow and the Jaegers. What does it have to do with me?"
Everything.
Look at who was on that subpoena list. Not just the Jaegers' business associates. Not just attorneys or experts. Sea Tow subpoenaed marine towing companies, insurance companies, municipalities, and individual business owners — people and entities whose only connection to this case is that they operate in the same industry or the same geographic area as the Jaegers' post-termination business.
THE QUESTION EVERY FRANCHISEE SHOULD ASK: If Sea Tow is willing to subpoena 17 non-party witnesses — including the U.S. Coast Guard and a city government — in a case about two months of unpaid management fees and some boat paint, what do you think they'll do to you if you ever leave the network?
This is the litigation playbook. This is how it works. Sue the departing franchisee. Drown them in discovery. When the court limits your discovery, subpoena everyone the franchisee has ever done business with. Make leaving so expensive, so exhausting, so terrifying that no one else dares try.
Except today, a federal judge said: not in my courtroom.
THE JUDICIAL WALK OF SHAME
Sea Tow is required to serve every recipient with a copy of this order. Let that sink in. Sea Tow gets to be the messenger who tells 17 people and companies: "Remember those legal demands we just hit you with? The ones requiring you to produce years of private business records and sit for depositions in a case that has nothing to do with you? Yeah… the judge froze them."
And then Sea Tow has to file proof that they delivered this news. On the public docket. For everyone to see.
If that's not a judicial walk of shame, we don't know what is.
WHAT HAPPENS NEXT: THE COUNTDOWN
KEY DATES
Tuesday, February 24, 2026 (5:00 PM): Sea Tow must file its opposition to the Jaegers' motion for protective order. This is where Sea Tow has to explain to Judge Locke — on paper, under oath implications — why it needs 23 depositions when the Court authorized 10, why it's seeking the same documents it was already denied three times, and why 17 non-parties should be burdened with discovery in a case about two months of unpaid franchise fees and some boat paint.
Friday, February 27, 2026 (1:30 PM): Oral argument in Courtroom 820 at the Central Islip federal courthouse. Judge Locke will hear from both sides in person. Given the Court's track record — catching Sea Tow making false statements in December 2025, repeatedly denying their overbroad discovery requests, and now emergency-staying their subpoena blitz — this hearing could be consequential.
CRITICAL NOTE: The Court was explicit that "nothing in this order impacts the deadlines set forth in the Court's January 2, 2026 Order." That means the party depositions already scheduled — including Mitchell Stein (March 16), Joseph Frohnhoefer III (March 17), and Kristen Frohnhoefer (March 18) — proceed as planned. The Court is allowing the depositions it authorized. It's stopping the ones Sea Tow tried to sneak past the gate.
THE SCORECARD
Since our readers enjoy the numbers: Depositions authorized by the Court: 10. Depositions demanded by Sea Tow: 23. Non-party subpoenas served by Sea Tow: 17. Non-party subpoenas frozen by the Court: 17. Times Sea Tow sought this discovery and was denied: 3+. Days between Scheduling Order and first subpoena wave: 3. Sea Tow motions to compel fully granted: 0. Times Court found Sea Tow made untrue statements: at least 1.
WHAT YOU SHOULD DO
If You Received One of These 17 Subpoenas: Breathe. The Court just gave you a reprieve. You are "temporarily relieved of the obligation to comply." Sea Tow is required to serve you with a copy of this order. If you don't receive it promptly, you may want to consult with an attorney about your rights as a non-party under Federal Rule of Civil Procedure 45. Do not destroy any documents. The stay relieves you of the obligation to produce — it does not relieve you of any obligation to preserve.
If You're a Current Sea Tow Franchisee: Ask yourself: Is this the organization you want controlling your livelihood? A company that fires subpoenas at non-party witnesses like confetti, demands more than double the court-authorized number of depositions, seeks the same discovery four times after being denied three times, and then has to be ordered by a federal judge to stop?
Talk to a franchise attorney. An independent one — not one recommended by Sea Tow. Ask about your rights under the New York Franchise Sales Act. Ask about rescission. Ask what happens when a franchisor operates without proper registration.
And if you attended the national meeting where Kristen Frohnhoefer announced that surprise credit card fee and Captain Mike Dudzinski said "That's illegal" — remember this moment. Because the pattern is the point.
SOURCES
Electronic Order granting DE [311] Motion for Protective Order, dated February 19, 2026, Magistrate Judge Steven I. Locke. DE [311]: Letter Motion for Temporary Protective Order, filed February 18, 2026 (Rosen Karol Salis PLLC). DE [311-1]: Exhibit A — Notice of Subpoenas, Wave One (February 5, 2026). DE [311-2]: Exhibit B — Notice of Subpoenas, Wave Two (February 10, 2026). DE [311-3]: Exhibit C — Notice of Motion for Protective Order and/or to Quash. DE [311-4]: Exhibit D — Memorandum of Law in Support of Motion for Protective Order. February 2, 2026 Scheduling Order, Magistrate Judge Steven I. Locke. December 29, 2025 Order Denying STSI's Third Motion to Compel. Smith Mountain Lake Marine Volunteer Fire/Rescue Dept. v. Sea Tow Services International, Cancellation No. 92059856 (TTAB, September 29, 2017). All documents referenced are publicly available through PACER.