Abu Dhabi Commercial Bank et al v. Morgan Stanley & Co. Incorporated et al

Filing 341

ORDER ON REPORT AND RECOMMENDATION NO. 23 DEFENDANT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RELATED TO DEFENDANTS' THIRD REQUEST FOR PRODUCTION FROM PLAINTIFF SEI INVESTMENTSCOMPANY AND THE MORGAN STANLEY DEFENDANTS' MARCH 31, 2011 REQUEST FOR PRODUCTION FROM ALL PLAINTIFFS: re 332 Report and Recommendations. The Court, having reviewed Report and Recommendation No. 23 of the Special Master (Docket No. 332), and having received no objections from the Parties, hereby adopts Rep ort and Recommendation No. 23, and further ORDERS: The Motion to Compel regarding the Defendants' Third Request for Production to SEI Investments Company is hereby granted in part and denied in part as set forth. Additional relief as further set forth in this order. (Signed by Judge Shira A. Scheindlin on 10/31/2011) (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ABU DILt\BI CO~nv1ERCIAL BANK,
KING COUN1Y, WASHINGTON
Together and On Behalf of All Others
Similarly Situated,

Plaintiffs,

ORDER ON
REPORT AND RECOMMENDATION
NO. 23

DEFENDANTS' MOTION TO COMPEL

PRODUCTION OF DOCUMENTS

RELATED TO DEFENDANTS' THIRD

REQUEST FOR PRODUCTION FROM

PL-\INTIFF SEI INVESTh1ENTS

COMPANY AND THE MORGAN

STANLEY DEFENDANTS' :MARCH 31,2011

REQUEST FOR PRODUCTION FROM

ALL PLAINTIFFS

Case No. 08 Civ. 7508 (SAS)

v.

MORGAN STANLEY & CO.
INCORPORATED, MORGAN
STANLEY & CO. INTERNATIONAL
PLC, MOODY'S INVESTORS
SERVICE, INC., MOODY'S
INVESTORS SERVICE LTD.,
STANDARD AND POOR'S RATINGS
SERVICES and THE McGRAW HILL
COMPANIES, INC.,
Defendants.

SHIRA A. SCHEINDLIN, UNITED STATES DISTRICT JUDGE:

The Court, having reviewed Report and Recommendation No. 23 of the Special Master

'-'-'2 ), and having received no objections from the Parties, hereby adopts

(Docket No. ..j,)

Report and Recommendation No. 23, and further ORDERS:
1. The Motion to Compel regarding the Defendants' Third Request for Production to SEI
Investments Company is hereby granted in part and denied in part as set forth below.
2. To comply with Requests Nos. 1-5 of Defendants' Third Request for Production of Documents
to SEI Investments Company,

a.

To the extent

is aware of an existing collection or collections of documents that

are responsive to these requests, SEI shall review such collection or collections for
the purpose of producing documents responsive to such requests.
b. SEI is not obligated to investigate, locate, identify, or produce such documents that
have not otherwise been collected previously.
c. Within ten (10) days of the entry of the Court's Order regarding this Report and
Recommendation, SEI shall (a) produce to Defendants any responsive documents
that have not been previously produced in response to Requests Nos. 1-5, (b) inform
Defendants that SEI is unaware of any existing collection or collections (and
therefore, there is nothing to review), or (c) infonu Defendants that, through its
review, SEI has confinued that all responsive documents from its previously
collected documents have been produced to Defendants.
3. To comply with Request No.6 of Defendants' Third Request for Production of Documents to
SEI Investments Company,
a. SEI shall review any existing collections of documents to determine if SEI possesses
any documents related to the annual Fixed Income Forums ("FIFs") from January 1,
2005 through July 31, 2008, including documents related to the presentations
identified in any FIF agenda from that time period.
b. SEI is not obligated to investigate, locate, identify, or produce such documents that
have not otherwise been collected previously.
c. Within ten (10) days of the entry of the Court's Order regarding this Report and
Recommendation, SEI shall (a) produce to Defendants any responsive documents
that have not been previously produced in response to Request No.6,

(b) inform Defendants that SEI is unaware of any existing collection or collections
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(and therefore, there is nothing to review), or (c) inform Defendants that, through its
review, SEI has confirmed that all responsive documents from its previously
collected documents have been produced to Defendants.
4. To comply with Requests Nos. 7-9 of Defendants' Third Request for Production of Documents
to SEI Investments Company,
a. Within ten (10) days of the entry of the Court's Order regarding this Report and
Recommendation, SEI shall identify such documents requested in Requests Nos. 7-9
by Bates number, confirm that production is complete, and/or complete the
production as SEI agreed to do in its responses to Defendants' requests.
5. To comply with Request No. 10 of Defendants' Third Request for Production of Documents to
SEI Investments Company,
a. To the extent SEI is aware of an existing collection or collections of documents that
are responsive to this request, SEI shall review such existing collection or collections
of documents, for the purpose of producing documents responsive to such request.
b. SEI is not obligated to investigate, locate, identify, or produce such documents that
have not othenvise been collected previously.
c. Within ten (10) days of the entry of the Court's Order regarding this Report and
Recommendation, SEI shall (a) produce to Defendants any responsive documents
that have not been previously produced in response to Request No. 10, (b) inform
Defendants that SEI is unaware of any existing collection or collections (and
therefore, there is nothing to review), or (c) inform Defendants that, through its
review, SEI has confirmed that all responsive documents from its
collected documents have been produced to Defendants.

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pre\.~ously

6. To comply with Request No. 12 of Defendants' Third Request

Production of Documents to

SEI Investments Company,
a. Within ten (to) days of the entry of the Court's Order regarding this Report and
Recommendation, SEI shall produce the email, log the email, or confirm to
Defendants that SEI has attempted to locate the email but has not been able to
locate it.
7. To comply with Request No. 13 of Defendants' Third Request for Production of Documents to
SEI Investments Company, SEI is not required to undertake any additional actions unless
Defendants seek

to

invoke the procedures that Plaintiffs undertook in order to obtain

documents produced by Defendants to various government agencies. Should Defendants
choose to invoke such a process, pursuant to its v.rillingness to do, SEI Investments Company
should cooperate in such process.
8. The Motion to Compel regarding the Morgan Stanley Defendants' March 31,2011 Request for
Production from all Plaintiffs is hereby denied.

SO ORDERED:

e

United States District Judge
Dated:

Oc:.lobc~· 31, 2011

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