American Lecithin Company et al v. Rebmann

Filing 369

ORDER granting in part 363 Letter Motion for Discovery; granting in part 364 Letter Motion for Discovery; granting 365 Letter Motion to Seal. The Parties were heard in a conference on October 2, 2023. The Court resolved all outstanding dis covery disputes. For the reasons stated more fully on the record, Plaintiffs' motion at Dkt. No. 364 was GRANTED in part. Defendant need not respond further to the Fourth Interrogatory regarding specific tax laws, but Defendant was ordered to respond to the Tenth Interrogatory about the personal liability of Third Party-Defendant Herbert Rebmann. Defendant's motion to seal at Dkt. No. 365 was GRANTED. Defendant's motion for discovery at Dkt. No. 363 was GRANTED in part. Plaint iffs were directed to respond to Defendant's Requests for Admission 6 and 11 regarding "Mr. Von Flue," and Defendant's interrogatory regarding intercompany management fees of Plaintiff Lipoid GmbH. The Court found that Plaintiff s need not respond further to Requests for Admission 33-35 regarding a "justment." Defendant preserved his objections regarding the confidentially classifications of certain discovery documents, but the Court did not make a ruling with re spect to the issue because it was premature. Finally, the Court ordered Plaintiffs to produce an affidavit regarding emails concerning Plaintiffs 2007-2011 tax returns. The deadline for compliance with this Court's Order is Friday, October 6, 2023, and the deadline to respond to Defendant's interrogatory concerning Plaintiff Lipoid GmbH is Wednesday, October 11, 2023. The Clerk of the Court is respectfully requested to close the motions at Dkt. Nos. 363, 364, and 365. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 10/2/2023) (mml)

Case 1:12-cv-00929-VSB-JW Document 369 Filed 10/02/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AMERICAN LECITHIN CO., LIPOID GmbH,
LIPOID LLC, and PHOSPHOLIPID GmbH,
ORDER

Plaintiffs,

12-cv-929 (VSB) (JW)

-againstCARSTEN MATTHIAS REBMANN,
Defendant;
Counterclaim and
Third-Party Plaintiff,
-againstHERBERT REBMANN, LIPOID
GRUNDSTUECKS GmbH, LIPOID
VERWALTUNGS, GmbH, LIPOID AG, and
COMPLECTOR AG,

Third-Party
Defendants.
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JENNIFER E. WILLIS, United States Magistrate Judge:
The Parties were heard in a conference on October 2, 2023. The Court resolved
all outstanding discovery disputes. For the reasons stated more fully on the record,
Plaintiffs’ motion at Dkt. No. 364 was GRANTED in part. Defendant need not
respond further to the Fourth Interrogatory regarding specific tax laws, but
Defendant was ordered to respond to the Tenth Interrogatory about the personal
liability of Third Party-Defendant Herbert Rebmann.
Defendant’s motion to seal at Dkt. No. 365 was GRANTED.

Defendant’s

motion for discovery at Dkt. No. 363 was GRANTED in part. Plaintiffs were directed

Case 1:12-cv-00929-VSB-JW Document 369 Filed 10/02/23 Page 2 of 2
to respond to Defendant’s Requests for Admission 6 and 11 regarding “Mr. Von Flue,”
and Defendant’s interrogatory regarding intercompany management fees of Plaintiff
Lipoid GmbH. The Court found that Plaintiffs need not respond further to Requests
for Admission 33-35 regarding a “justment.” Defendant preserved his objections
regarding the confidentially classifications of certain discovery documents, but the
Court did not make a ruling with respect to the issue because it was premature.
Finally, the Court ordered Plaintiffs to produce an affidavit regarding emails
concerning Plaintiffs 2007-2011 tax returns. The deadline for compliance with this
Court’s Order is Friday, October 6, 2023, and the deadline to respond to
Defendant’s interrogatory concerning Plaintiff Lipoid GmbH is Wednesday,
October 11, 2023.
The Clerk of the Court is respectfully requested to close the motions
at Dkt. Nos. 363, 364, and 365.
SO ORDERED.
DATED:

New York, New York
October 2, 2023

______________________________
JENNIFER E. WILLIS
United States Magistrate Judge

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