Irving H. Picard v. Saul B. Katz et al

Filing 199

ORDER ON DEFENDANTS' MOTION TO ENFORCE PROTECTIVE ORDER AND ORDER APPROVING SETTLEMENT AGREEMENT: It is hereby ORDERED: 1. The Rule 45 Katz Documents shall be subject to the Protective Order entered in Picard v. Katz, et al., 11-CV-03605 (JSR) (ECF No. 66). The Trustee and the defendants in Merkin shall be bound by the Protective Order with respect to the Rule 45 Katz Documents as further set forth in this order. (Signed by Judge Jed S. Rakoff on 9/19/2012) (lmb)

UNITED STATES DISTRICT OURT

SOUTHERN DISTRlCT OF N W YORK

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IRVING H. PICARD,
Plaintiff,
- against-

II-CV-03605 (JSR)(HBP)

SAUL B. KATZ, et a1.,
Defendant

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[P4ED] ORDER ON D FENDANTS' MOTION TO ENFORCE PROTECTIVE
APPROVING SETTLEMENT AGREEMENT

7cv~RDER AND ORD

Defendants in the above-c ptioned matter having asked this Court to enforce this Court's
order, dated May 31, 2012, autho izing and approving the parties' April 13, 2012 Settlement
Agreement and the protective ord r, dated October 30,2011 ("Protective Order"), entered in
Picard v. Katz, et al., (11-CV -03

5) (JSR) ("Katz") with respect to a subpoena ("Subpoena"),

dated July 31, 2012, issued pursu nt to Rule 45 of the Federal Rules of Civil Procedure by Irving
H. Picard, trustee ("Trustee") for he liquidation of the business of Bernard L. Madoff

Investment Securities LLC, under the Securities Investor Protection Act, 15 U.S.c. §§ 78aaa, et
seq. and Bernard L. Madoff, as plaintiff in Picard v. Merkin et al., Adv. Pro. No. 09-01182

(BRL) ("Merkin"); I
Upon consideration of the parties' arguments submitted in letters to the Court and during
oral argtIDlent on August 22, 201 ,and upon the Trustee's statement that he is seeking
documents in response to the Sub oena, or in response to any subpoena issued by the Trustee in

documents that were previously designated as "Confidential"
1 The Subpoena seeks on
or "Highly Confidential" by Defe dants pursuant to the Protective Order.

Merkin to a third party that was

so a producing party in Katz (together, "Rule 45 Katz

Documents,,2), solely for the pu ose of proving his case-in-chief in the Merkin litigation;
It is hereby ORDERED:
1.

The Rule 45 Katz

ocuments shall be subject to the Protective Order entered in

Picard v. Katz, et al., II-CV-036 5 (JSR) (ECF No. 66). The Trustee and the defendants in
Merkin shall be bound by the Pro ective Order with respect to the Rule 45 Kat= Documents.
In the event that t

Trustee receives a request to disclose any oftlle Rule 45 Kat=

Documents to anyone other than

e defendants in Merkin, the Trustee shall provide Defendants

2.

andlor the appropriate producing arty with ten (l 0) business days' notice so that Defendants
andlor the appropriate producing arty may seek a protective order or other appropriate remedy
before this Court or before the co rt or tribunal issuing the order, subpoena, or directive,
depending upon the issue raised. n the event that Defendants and/or the appropriate producing
party do not file a motion for a pr tective order or seek other judicial relief within ten (10)
business days of receiving notice,. the Trustee may comply with the request. Any party to which

i
the Trustee discloses Rule 45 Katf Documents under this paragraph shall be bound by this Order
and the Protective Order and shall be provided with copies of both.
3.

In the event that thf Merkin defendants receive a request to disclose any of the

Rule 45 Katz Documents, the Mel kill defendants shall provide Defendants and/or the appropriate
producing party with ten (10) bus ness days' notice so that Defendants and/or the appropriate
producing party may seek a prote tive order or other appropriate remedy before this Court or
before the court or tribunal issuin the order, subpoena, or directive, depending upon the issue
raised. In the event that Defendal ts and/or the appropriate producing party do not file a motion
2 Rule 45 Katz Document do not include any of Defendants' documents that previously
were produced to the Merkin defe dants with Defendants' consent.

2­

for a protective order or seek oth r judicial relief within ten (10) business days of receiving
notice, the Merkill defendants rna comply with the request. Any party to which the Merkin
defendants disclose Rule 45 Katz Documents under this paragraph shall be bound by this Order
and the Protective Order and shal be provided with copies of both.
4.

Neither the Truste nor the Merkin defendants may use the Rule 45 Katz

Documents for any purpose other than in the Merkin litigation, absent written consent from the
producing party and the written a eement of the receiving party to be bound by this Order and
the Protective Order with respect
5.

0

the Rule 45 Kat::. Documents.

Nothing herein sh 11 prejudice the ability of Defendants, or any other Kat:

producing party that is served wit a Rule 45 subpoena in the Merkill litigation, to challenge any
such subpoena on any ground in je appropriate court, including with respect to the relevance of
any of the documents sought in ctnnection with the Trustee's Merkin case-in-chief.
6.

Compliance with

¥any motion, objection, or other response to the Subpoena, or

to any other Rule 45 subpoena th.t was issued by the Trustee in Merkin to a Katz producing
party, must be filed or served, as ~pplicable, on or before Tuesday, September 11,2012.
SO ORDERED.
This tTh~y of September, 2012

UNITED STATES DISTRICT JUDGE

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