Umbach v. Carrington Investment Partners (US) LP et al

Filing 171

RULING FOLLOWING SUPPLEMENTAL IN CAMERA REVIEW. Signed by Judge Joan G. Margolis on 11/14/2012. (Rodko, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
-------------------------------------------------------X
:
JOSEPH UMBACH
:
:
:
V.
:
:
CARRINGTON INVESTMENT PARTNERS
:
(US), LP, CARRINGTON CAPITAL
:
MANAGEMENT, LLC and BRUCE ROSE
:
-------------------------------------------------------X

3:08 CV 484 (EBB)

DATE: NOVEMBER 14, 2012

RULING FOLLOWING SUPPLEMENTAL IN CAMERA REVIEW
The factual and procedural history behind this far too acrimonious litigation has been
set forth in considerable detail in the substantive rulings of Senior U.S. District Judge Ellen
Bree Burns, namely her Ruling on Defendants' Motion to Dismiss, filed February 18, 2009
(Dkt. #30), 2009 WL 413346, and her Ruling on Cross Motions for Summary Judgment, filed
January 26, 2011 (Dkt. #137), 2011 WL 284590, as well as the multiple discovery rulings
issued by this Magistrate Judge,1 namely her Ruling on Plaintiff’s Motion to Compel, and on
Defendants’ Motions to Compel, filed October 9, 2009 (Dkt. #74), 2009 WL 3287537, Ruling
Regarding Defendants' Second Set of Interrogatories, filed January 22, 2010 (Dkt. #87),
Ruling on Discovery Disputes, filed April 30, 2012 (Dkt. #158), Ruling on Discovery Dispute
Regarding Costs, filed June 7, 2012 (Dkt. #159), Ruling on Discovery Disputes, filed
September 24, 2012 (Dkt. #164), Ruling on Discovery Disputes, filed October 9, 2012 (Dkt.
#165), Ruling Following In Camera Review, filed October 10, 2012 (Dkt. #166)["October 10,
2012 Ruling"], Ruling Regarding Additional Deposition of Plaintiff, filed October 11, 2012
(Dkt. #167), and Ruling on Final Discovery Disputes, filed November 7, 2012 (Dkt.

1

On September 3, 2009, and again on October 1, 2009, Judge Burns referred the file to this
Magistrate Judge for discovery. (Dkts. ##56, 72).

#168)["November 7, 2012 Ruling"] familiarity with which is presumed.
Under the latest scheduling orders, all discovery is completed, except for the issues
raised in the flurry of rulings issued in September-November 2012. (Dkt. #160; Dkt. #164,
at 3; Dkt. #165, at 7-8; Dkt. #167, at 5; Dkt. #168, at 2-6).
The October 10, 2012 Ruling permitted disclosure of a limited number of BNP
documents, limited to the time period of late June 2007 through late November 2007, and
for the HSBC documents, limited to December 2006 and June-September 2007. (At 2-4).
The November 7, 2012 Ruling, however, at defendants' request, expanded the time frame
for HSBC documents to include December 2004 through December 2006, with an additional
in camera review of the BNP documents. (At 2-3 & nn. 4-5).
After a careful supplemental review of the 929 pages provided by BNP, the following
document are to be disclosed to defense counsel, with the same redactions as addressed in
the October 10, 2012 Ruling at (2-3), for the period late November 2004 to late November
2006: pages 7-242, 512-64, 645-65, and 712-53.
This is not a Recommended Ruling but a Ruling on discovery, the standard of review
of which is specified in 28 U.S.C. § 636; FED. R. CIV. P. 6(a), 6(e) & 72; and Rule 72.2 of the
Local Rules for United States Magistrate Judges. As such, it is an order of the Court unless
reversed or modified by the District Judge upon timely made objection.
See 28 U.S.C. § 636(b)(written objections to ruling must be filed within
fourteen calendar days after service of same); FED. R. CIV. P. 6(a), 6(e) & 72; Rule
72.2 of the Local Rules for United States Magistrate Judges, United States District Court for
the District of Connecticut; Small v. Secretary, H&HS, 892 F.2d. 15, 16 (2d Cir. 1989)(failure
to file timely objection to Magistrate Judge’s recommended ruling may preclude

2

further appeal to Second Circuit); Caidor v. Onondaga County, 517 F.3d 601, 603-05 (2d
Cir. 2008)(failure to file timely objection to Magistrate Judge’s discovery ruling will
preclude further appeal to Second Circuit).
Dated at New Haven, Connecticut, this 14th day of November, 2012.

/s/ Joan G. Margolis, USMJ
Joan Glazer Margolis
United States Magistrate Judge

3