Anwar et al v. Fairfield Greenwich Limited et al

Filing 1239

DISCOVERY ORDER: I therefore will permit the Standard Chartered Defendants to substitute another expert for Zask. The replacement expert, however, will not be permitted to proffer a report or testify in a manner that is contrary to or inconsistent with Zask's report, nor may the expert testify to any matters not previously set forth in Zask's report. Finally, although Zask evidently had yet to be deposed, the reasonable cost of the replacement expert's deposition transcript (and any video thereof if other experts' depositions are being videotaped) shall be borne exclusively by the Standard Chartered Defendants. (Signed by Magistrate Judge Frank Maas on 1/6/2014) Copies Sent By Chambers. (tn)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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PASHA S. ANWAR, et al.,

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Plaintiffs,
DISCOVERY ORDER

-againstFAIRFIELD GREENWICH LIMITED, et al.,

09 Civ. 118 (VM) (FM)

Defendants.
This Documents Relates to the
Standard Chartered Cases

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FRANK MAAS, United States Magistrate Judge.
I have reviewed the parties' submissions concerning the Standard Chartered
Defendants' request to substitute a new expert in lieu of Ezra Zask because Zask has
entered a guilty plea to one count of possession of child pornography. The Standard
Chartered Plaintiffs (with one exception) oppose that request.
Although the Standard Chartered Plaintiffs are correct that Zisk's
conviction could be ruled an impermi.ssible area of cross-examination (indeed, the
Standard Chartered Plaintiffs represent that they will voluntarily forego any inquiry into
that area), we live in an age when jurors often consult the internet notwithstanding
judges' express instructions not to do so. (See, e.g., John Schwartz, As Jurors Turn to
Web, Mistrials Are Popping Up, N.Y. Times, Mar. 17,2009, available at
http://www.nytimes.com/2009/03/18/usI18juries.html?pagewanted=all&_r=O). Were a
juror to "Google" Zask despite Judge Marrero's instructions to the contrary, the first four
items returned would all disclose Zask's legal difficulties. In any event, even if the Court
were to assume that the jurors would honor a "no internet" pledge, the Standard Chartered
Defendants have represented that Zask has resigned from his position as an expert in this
case. Although the Standard Chartered Plaintiffs suggest that the report of another
defense expert, Charles Porten, is virtually identical to that of Zask, the excerpts of their
reports that have been furnished to the Court fail to convince me that this is necessarily
correct.
I therefore will permit the Standard Chartered Defendants to substitute
another expert for Zask. The replacement expert, however, will not be permitted to

proffer a report or testifY in a manner that is contrary to or inconsistent with Zask's
report, nor may the expert testifY to any matters not previously set forth in Zask's report.
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reasonable cost

of the replacement expert's deposition transcript (and any video thereof if other experts'
depositions are being videotaped) shall be borne exclusively by the Standard Chartered
Defendants.
SO ORDERED.
Dated:

New York, New York
January 6, 2014

NKMAAS
United States Magistrate Judge
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Copies to:
Hon. Victor Marrero
United States District Judge
All Counsel via ECF

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