CBF Industria De Gusa S/A et al v. Amci Holdings,Inc., et al

Filing 397

ORDER: The Court held a status conference today to address various discovery issues. As discussed at the conference, IT IS HEREBY ORDERED as follows:1. Plaintiffs' request for cost-shifting is denied without prejudice. 2. Defendants are directe d to produce the remaining OneDrive data to Capsicum by January 24, 2020 (the other recently discovered data sources having been produced). 3. Discovery on the issue of Defendants ESI is extended to March 13, 2020. 4. Plaintiffs are permitted to con duct a three-hour deposition of Ricoh. The deposition is limited in scope to issues that have arisen or new data that has come to light since the previous deposition of Ricoh. The deposition must take place by March 13, 2020. 5. Plaintiffs' re quest for Ricoh to issue a new report is moot, as Plaintiffs withdrew the request. 6. The schedule for Plaintiffs' anticipated spoliation and/or cost-shifting motion is as follows: a. Plaintiffs' motion is due April 24, 2020. Plaintiffs a re directed to provide Defendants with Capsicums expert report, if any, by April 10, 2020. b. Defendants' response is due May 29, 2020. c. Plaintiffs' reply is due June 12, 2020. 7. If the parties wish to hold a discovery conference with th e undersigned the week of February 18, 2020, they are directed to file a letter informing the court by Tuesday, February 11, 2020 at 5:00 p.m. Finally, Plaintiffs are directed to docket their January 10, 2020 letter previously emailed to the Court with redactions, as appropriate, to protect confidential information. SO ORDERED. (Deposition due by 3/13/2020, Discovery due by 3/13/2020, Motions due by 4/24/2020, Responses due by 5/29/2020, Replies due by 6/12/2020, Status Conference set for 2/11/2020 at 05:00 PM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 1/17/2020) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CBF INDUSTRIA DE GUSA S/A, et al.,
:
:
:
Plaintiffs,
:
:
-v:
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AMCI HOLDINGS, INC., et al.,
:
:
Defendants.
:
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
1/17/2020
DATE FILED: ______________

ORDER
13-CV-2581 (PKC) (JLC)

JAMES L. COTT, United States Magistrate Judge.
The Court held a status conference today to address various discovery issues. As
discussed at the conference, IT IS HEREBY ORDERED as follows:
1. Plaintiffs’ request for cost-shifting is denied without prejudice.
2. Defendants are directed to produce the remaining OneDrive data to Capsicum by
January 24, 2020 (the other recently discovered data sources having been produced).
3. Discovery on the issue of Defendants’ ESI is extended to March 13, 2020.
4. Plaintiffs are permitted to conduct a three-hour deposition of Ricoh. The deposition is
limited in scope to issues that have arisen or new data that has come to light since the
previous deposition of Ricoh. The deposition must take place by March 13, 2020.
5. Plaintiffs’ request for Ricoh to issue a new report is moot, as Plaintiffs withdrew the
request.
6. The schedule for Plaintiffs’ anticipated spoliation and/or cost-shifting motion is as
follows:
a. Plaintiffs’ motion is due April 24, 2020. Plaintiffs are directed to provide
Defendants with Capsicum’s expert report, if any, by April 10, 2020.
b. Defendants’ response is due May 29, 2020.
c. Plaintiffs’ reply is due June 12, 2020.
7. If the parties wish to hold a discovery conference with the undersigned the week of
February 18, 2020, they are directed to file a letter informing the court by Tuesday,
February 11, 2020 at 5:00 p.m.
Finally, Plaintiffs are directed to docket their January 10, 2020 letter previously emailed to the
Court with redactions, as appropriate, to protect confidential information.
SO ORDERED.
Dated: January 17, 2020
New York, New York