Bussing v. Legent Clearing, LLC et al

Filing 210

ORDER (interim) on Plaintiffs Motion to Overrule AEO Designation, #156 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JULIE A. BUSSING,
Plaintiff,

8:12CV238

vs.
ORDER
COR CLEARING, LLC, COR
SECURITIES HOLDINGS, Inc.; CARLOS
P. SALAS, CHRISTOPHER L.
FRANKEL, JEFFREY N. SIME, AND
STEVEN A. SUGARMAN,
Defendants.
This morning, the court convened a telephonic conference 1 to discuss the
plaintiff’s Motion to Overrule AEO Designation. (Filing No. 156). The motion is not
resolved, and the defendant will be afforded an opportunity to respond.2 However, the
court finds that certain matters must be available to the plaintiff as soon as possible so she
can engage in informed discussions during today’s settlement conference. Accordingly,

IT IS ORDERED:

1)

On or before 11:30 a.m. (C.S.T.) today, the defendant shall disclose the

insurance coverage amount which remains available (e.g., after deductions for attorney
fees, litigation expenses, and other claims already paid or owed) under any policy that
may provide coverage for all or any part of the plaintiff’s claims.
1

The conference was not held on the record. As such, the court is entering this
written order.
2

Plaintiff has moved for sanctions for failing to comply with the court’s prior
order, (Filing No. 148), and the associated protective order, (Filing No. 149). Those
orders limit AEO designations to “documents reflecting client lists, (including client
names, addresses, phone numbers, and email addresses), and agreements reflecting
confidential settlements with persons who are not parties to this litigation.” (Filing No.
149, at CM/ECF p. 2-3). Defense counsel was and remains strongly admonished to
review and comply with those orders, including when responding to any requests by the
plaintiff for disclosure of additional information during the settlement conference today.

2)

The defendant shall immediately disclose to plaintiff, without an AEO

designation, the transcript of the audio recording in FINRA Case Id 14-00079, COR
Clearing, LLC v. David H. Jarvis, filed of record as Exhibit B to Plaintiff’s motion,
(Filing Nos. 160-1, 161-1, 162-1, 165-1).

November 18, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

2