Newmark Realty Capital, Inc. v. BGC Partners, Inc. et al

Filing 406

ORDER ON 396 CHRIS CARAS' REQUEST FOR RELIEF FROM ORDER REGARDING PRODUCTION OF CBRE EMAILS BECAUSE OF CHANGE OF CIRCUMSTANCES. Signed by Magistrate Judge Susan van Keulen on 6/4/2018. (ofr, COURT STAFF) (Filed on 6/4/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEWMARK REALTY CAPITAL, INC.,

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Plaintiff,

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v.

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BGC PARTNERS, INC., et al.,

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Defendants.

United States District Court
Northern District of California

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Before the Court is non-party Chris Caras’s request to be relieved from that portion of the
Court’s May 9, 2018 Order on Joint Statement re Subpoenas to Non-Parties Chris Caras and
Paracore, LLC (ECF 350) that required Mr. Caras to produce his CBRE work emails regarding
Defendants or the subject litigation dated from January 1, 2017. ECF 396. Mr. Caras asserts that
CBRE has taken the position that his CBRE emails are the property of CBRE and that he does not
have permission to produce them. Id. Defendants oppose Mr. Caras’s request on various grounds.
ECF 403. Defendants propose that as an alternative to requiring Mr. Caras or CBRE to produce
the disputed emails, the Court could order Plaintiff 1 to produce communications with Mr. Caras
regarding Defendants or this case between January 1, 2017 and the present. Defendants further
request an order directing Plaintiff and Mr. Caras to provide certain assurances concerning the
completeness of Plaintiff’s production. Id.

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ORDER ON CHRIS CARAS' REQUEST
FOR RELIEF FROM ORDER
REGARDING PRODUCTION OF CBRE
EMAILS BECAUSE OF CHANGE OF
CIRCUMSTANCES
Re: Dkt. No. 396

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Case No.16-cv-01702-BLF (SVK)

After considering the parties’ submissions, the Court ORDERS that as an alternative to
requiring Mr. Caras to produce his CBRE emails or granting Defendants leave to serve a
document subpoena on CBRE, by June 8, 2018, Plaintiff must produce all documents, including

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Defendants acknowledge that Plaintiff’s counsel has already produced its communications with
Mr. Caras. ECF 403 at 1 n.1.

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emails from any account, reflecting communications between Mr. Caras and Plaintiff or its

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counsel regarding Defendants or the subject litigation from the period January 1, 2017 to present.

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In the particular circumstances applicable to these documents, the Court does not find the

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additional assurances requested by Defendants necessary; the Court relies on the compliance of

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Plaintiff and its counsel with their duties and obligations in connection with this litigation.

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SO ORDERED.
Dated: June 4, 2018

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SUSAN VAN KEULEN
United States Magistrate Judge

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United States District Court
Northern District of California

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