Stein et al v. Northern Assurance Company of America et al
Filing
129
ORDER re 126 Letter filed by David S. Neufeld, Gwendolyn Zegel, Judith Stein. A status conference is scheduled in this matter for June 27, 2012. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/5/2012. (Sofio, Lisa)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------X
JUDITH STEIN individually and as an Executor
of the Estate of Kenneth F. Stein, Jr. and as a
beneficiary of the Estate of Kenneth F. Stein, Jr.,
GWENDOLYN ZEGEL and JUDITH STEIN
in their capacities as trustees of a Testamentary
Trust crated under the Last Will and Testament
of Kenneth F. Stein, DAVID S. J. NEUFELD, as
an Executor of the Estate of Kenneth F. Stein, Jr.,
SAYVILLE FERRY SERVICE, INC., STEIN’S
MARINE LIFT, INC., and KFS CORP.,
Plaintiffs,
ORDER
- against CV 09-1029 (TCP) (AKT)
NORTHERN ASSURANCE COMPANY OF
AMERICA, ONEBEACON AMERICA
INSURANCE COMPANY, ONEBEACON
INSURANCE GROUP, LTD., JOHN DOE, and
JANE DOE NOS. 1-4,
Defendants.
----------------------------------------------------------X
A. KATHLEEN TOMLINSON, Magistrate Judge:
Several months ago, Defendants submitted documents which they claimed were
privileged to the Court for in camera review. On March 30, 2012, the Court ruled that it would
not make any rulings with respect to these documents until Judge Platt ruled on the viability of
Plaintiff’s punitive damages claim, since the documents submitted pertained to that claim.
DE 121. On May 7, 2012, Judge Platt granted Defendants’ motion for summary judgment on
Plaintiffs’ punitive damages claim. DE 122. Although the parties initially disputed whether
Defendants were required to produce any of the documents submitted for in camera review in
light of Judge Platt’s ruling, see DE 123, 124, Defendants ultimately withdrew their objection
and agreed to produce any documents that this Court determines are not privileged. DE 126.
Therefore, the Court reviewed the documents submitted by Defendants as well as Defendants’
privilege log. The Court’s rulings are as follows:
Bates Number
Ruling
DEF 01721
Not privileged. Produce.
DEF 01984
Not privileged. Produce.
DEF 02006 to DEF 02012
Privileged.
DEF 02015
Produce in redacted form as noted.
DEF 02016
Privileged.
DEF 02025
Privileged (duplicate of DEF 02016).
DEF 02030
Redactions okay. Produce as is.
DEF 02113
Privileged.
DEF 02114
Privileged (duplicate of DEF 02113).
DEF 02115
Privileged (duplicate of DEF 02113).
DEF 02116 to DEF 02122
Privileged.
DEF 02127
Privileged.
DEF 02128 to 02130
Privileged.
DEF 02151
Deferred - further information needed.
DEF 02152
Deferred - further information needed.
DEF 02153 to DEF 02156
DEF 02153-54: Deferred - further information
needed.
DEF 02155-56: Privileged.
DEF 02157
Deferred - further information needed.
DEF 02158
Deferred - further information needed.
DEF 02159 to DEF 02166
DEF 02159-60: Deferred - further information
needed.
DEF 02161-66: Privileged.
2
DEF 02167
Privileged.
DEF 02174 to DEF 02176
Deferred (page missing; document incomplete).
DEF 02177
Deferred - further information needed.
DEF 02178
Deferred - further information needed.
DEF 02179 to 02183
DEF 02179-80: Deferred - further information
needed.
DEF 02181-83: Privileged.
DEF 02184 to DEF 02187
Privileged.
DEF 02203
Privileged.
DEF 02204 to DEF 02205
Privileged.
DEF 02206 to DEF 02208
Privileged.
DEF 02209
Privileged.
DEF 02229
Privileged.
DEF 02230
Privileged (duplicate of DEF 02229).
DEF 02231
Deferred - further information needed.
DEF 02232
Deferred - further information needed.
DEF 02233 to DEF 02237
DEF 02233: Deferred - further information
needed.
DEF 02234-37: Privileged.
DEF 02238 to DEF 02240
Privileged.
DEF 02241 to DEF 02242
Privileged.
DEF 02323
Deferred - further information needed.
DEF 02324
Deferred - further information needed.
DEF 02327
Deferred - further information needed.
DEF 02328
Deferred - further information needed.
DEF 02329
Deferred - further information needed.
DEF 02330
Deferred - further information needed.
DEF 02331
Deferred - further information needed.
3
DEF 02502 to DEF 02503
Produce in redacted form as noted.
DEF 02504 to DEF 02505
Produce in redacted form as noted.
DEF 02507 to DEF 02510
Privileged.
DEF 02514
Privileged.
DEF 02515 to DEF 02519
Privileged.
DEF 02520
Privileged.
DEF 02521 to DEF 02525
Deferred - further information needed.
DEF 02537 to DEF 02538
Privileged.
DEF 02546 to DEF 02549
DEF 02546-47: Deferred - further information
needed.
DEF 02548-49: Privileged.
DEF 02583 to DEF 02584
Privileged.
DEF 02588
Deferred - further information needed.
DEF 02590
Deferred - further information needed.
DEF 02593 to DEF 02604
Privileged.
DEF 02605 to DEF 02611
DEF 02605-06: Deferred - further information
needed.
DEF 02607-11: Privileged.
DEF 02613 to DEF 02618
Privileged.
DEF 02621
Redactions okay. Produce as is.
DEF 02627
Deferred - further information needed.
DEF 02628
Deferred - further information needed.
DEF 02629 to DEF 02633
DEF 02629-30: Deferred - further information
needed.
DEF 02631-33: Privileged.
DEF 02639
Privileged.
DEF 02642
Privileged.
DEF 02648 to DEF 02651
Privileged.
DEF 02671 to DEF 02679
Privileged.
4
DEF 02687 to DEF 02689
Produce in redacted form as noted.
DEF 02693
Redactions okay. Produce as is.
DEF 02705
Redactions okay. Produce as is.
DEF 02708
Redactions okay. Produce as is.
DEF 02712
Privileged.
DEF 02713 to DEF 02714
Privileged.
DEF 02715
Privileged.
DEF 02716
Privileged.
DEF 02717
Privileged.
DEF 02718
Privileged.
DEF 02724
Privileged.
DEF 02726
Privileged.
DEF 02727
Deferred - further information needed.
DEF 02732 to DEF 02735
Privileged.
DEF 02736 to DEF 02738
Privileged.
DEF 02739 to DEF 02741
Privileged.
DEF 02742 to DEF 02743
Privileged.
DEF 02744
Privileged.
DEF 02745 to DEF 02746
Privileged.
DEF 02751
Privileged.
DEF 02821
Deferred - further information needed.
DEF 02822
Privileged.
DEF 02912 to DEF 02913
Privileged.
DEF 02914 to DEF 02915
Privileged.
DEF 02916 to DEF 02917
Privileged.
DEF 02918 to DEF 02920
Privileged.
5
DEF 02921 to DEF 02969
Privileged.
DEF 02970 to DEF 02971
Deferred - further information needed.
DEF 02972 to DEF 02973
Deferred - further information needed.
DEF 03027 to DEF 03028
Privileged.
DEF 03029 to DEF 03030
Privileged.
DEF 03081 to DEF 03083
Privileged.
DEF 03084 to DEF 03085
Deferred - further information needed.
DEF 03087 to DEF 03089
Redactions okay. Produce as is.
DEF 03095
Privileged.
DEF 03096
Privileged (duplicate of DEF 3095).
DEF 03144 to DEF 03145
Privileged.
DEF 03146 to DEF 03147
Privileged.
DEF 03197
Privileged.
DEF 03198
Privileged.
DEF 03199
Privileged.
DEF 03200 to DEF 03206
Deferred - further information needed.
DEF 03207
Privileged (duplicate of DEF 3095).
Where the Court has indicated “Deferred - further information needed,” the Court is
unable to make a privilege determination based on the information provided to date. If
Defendants wish to maintain the privilege, they must submit further information explaining the
basis for the claim of privilege. Counsel for Defendants is to submit a letter containing this
within 10 days. Where the Court has indicated that Defendants are to “Produce in redacted form
as noted,” the Court is mailing a copy of the document with the Court’s notations to counsel for
Defendants.
6
A status conference is scheduled in this matter for June 27, 2012 at 3:30 p.m. to discuss
the remainder of the pre-trial schedule in this case.
SO ORDERED.
Dated: Central Islip, New York
June 5, 2012
/s/ A. Kathleen Tomlinson
A. KATHLEEN TOMLINSON
U.S. Magistrate Judge
7
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