Securities & Exchange Commission v. Banc de Binary Ltd.

Filing 109

ORDER DETERMINING ELECTRONIC SEARCH TERMS AND SCOPE OF SEARCHES. Discovery due by 3/13/2015. Motions due by 7/31/2015. Proposed Joint Pretrial Order due by 9/1/2015. (See order for specific details.) Signed by Magistrate Judge Cam Ferenbach on 3/5/2015. (Copies have been distributed pursuant to the NEF - DKJ)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA
***

3
4

SECURITIES & EXCHANGE COMMISSION,

5

2:13–cv–993–RCJ–VCF

Plaintiff,

6

vs.

7

BANC DE BINARY, et al.,

8

ORDER DETERMINING ELECTRONIC
SEARCH TERMS AND SCOPE OF
SEARCHES

Defendants.

9
10

Before the court are (1) Parties’ Joint Submission regarding Electronic Search Terms (#107) and

11

(2) Plaintiff’s Report to Magistrate Judge (#108). In the context of the ongoing discovery issues which

12

the court has been facing, balancing the time and financial burdens occasioned by the discovery required

13

in this case against the need for plaintiff to have some reasonable assurance that discoverable documents

14

are located and produced by the defendants,

15
16
17

IT IS HEREBY ORDERED that defendants' production of documents will proceed as follows:
1.

On or before March 20, 2015, defendants will comply with all previous discovery

orders entered in this case, to the extent that compliance does not require electronic

18

searches of data bases;
19

2.

All data bases within defendants’ possession, custody or control which contain

20
21
22

defendants’ internal business records, as well as internal and external communications, will
be searched using the names contained in defendants “U. S. Client List,” and the search

23

terms set forth in Attachment A;

24

3.

25

relevance to the subject matter of this action, as well as applicable privileges;

All documents containing one or more of these search terms may be reviewed for

1

4.

By noon Pacific Time on every Friday, beginning March 20, 2015, and continuing

1

through May 1, 2015, defendants must produce to plaintiff non-privileged documents

2
3

relevant to the subject matter of this action, which have been identified and reviewed

4

according to these procedures.

5

5.

6

Privilege Log and a Log of Irrelevant Documents, for all documents containing one or more

7

search terms which have been identified, as of that Friday, as privileged or not relevant to

8

the subject matter of this action.

9

6.

10

Also by noon Pacific Time on every such Friday, defendants must produce a

These logs shall contain the Date, Sender or Creator, Recipient or Custodian,

Subject Matter, Unique Identifying Number Range for the pages of the document, and the

11

basis for withholding the document.
12

7.

Defendant must complete production of all responsive documents, and in

13

accordance with this court’s October 30, 2014, Order (#92) provide a certification of the

14

completeness of the production, by noon Pacific Time on May 1, 2015.

15
16

IT IS FURTHER ORDERED that the discovery cut-off date is extended from March 13, 2015 to

17

July 1, 2015; Dispositive Motions are due July 31, 2015 and The Joint Pretrial Order is due September 1,

18

2015.

19

DATED this 5th day of March, 2015.

20

_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25

2

Attachment A

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

SEARCH TERMS
United States
existing US client
existing U.S. client
US client
U.S. Client
US customer
U.S. customer
US passport
U.S. passport
U.S.A. passport
US position
U.S. position
U.S.A. position
US regulat*
U.S. regulat*
US solicitation
U.S. solicitation
U.S.A. solicitation
US withdrawal
U.S. withdrawal

16
17
18
19
20
21
22
23
24

U.S.A. withdrawal
new US client
new U.S. client
EACH OF THE FIFTY STATES OF THE UNITED STATES
geoblocking
court order
injunction
SEC
US SEC
U.S. SEC
U.S.A.SEC
Securities and Exchange Commission

25

3