Arista Records LLC et al v. Lime Wire LLC et al

Filing 460

ORDER. Currently before the Court is an application by Plaintiffs to compel discovery by defendant Mark Gorton ("Gorton") and to enforce subpoenas on non-parties Tower Research Capital LLC and Tower Research Capital Investments LLC (together, "Tower") and Lime Brokerage Holdings LLC and Lime Brokerage LLC (together, "Lime Brokerage"). (Letter to the Court from Glenn D. Pomerantz, Esq., dated Dec. 22, 2010.) In particular, Plaintiffs seek (1) communications relating to Gorton's withdrawal of his interest in Tower; and (2) documents sufficient to show the fair market value of Gorton's assets. Having considered the submissions by Plaintiffs, Gorton, Tower, and Lime Brokerage,l Plaintiffs' application is granted in part and denied in part. Gorton, Tower and Lime Brokerage are directed to produce documents as set forth below, no later than February 18, 2011. The Court has not considered the letter dated January 7, 2011, submitted on behalf of Lime Brokerage by Michael Richter, who identifies himself as the Chief Financial Officer of Lime Brokerage Holdings and does not appear to be an attorney admitted to practice before this Court. The Court has, however, considered the opposition submitted on behalf of Lime Brokerage by David M. Pohl, Esq. on January 31, 2011. Plaintiffs and Gorton are directed to confer in good faith to identify a subset of Gorton's assets that are of particular interest to Plaintiffs, and then to identify a limited range of documents that would be in Gorton's possession, custody or control, and that would be sufficient to enable Plaintiffs to make a reasonable estimate ofthe fair market value of Gorton's interest in each of those assets. To the extent the parties are unable to reach an agreement, the Court will entertain a renewed application from Plaintiffs setting forth more narrowly tailored demands for particular categories of documents regarding particular assets.(Signed by Magistrate Judge Debra C. Freeman on 2/7/11); Copies sent by Chambers. (djc)

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