Bigsby v. Barclays Capital Real Estate, Inc. et al

Filing 271

ORDER. It is hereby ORDERED that Plaintiff's counsel may present to Judge Koeltl in the related case, Mazzei v. The Money Store, No. 01-cv-05694, those portions of the transcript of deposition of Black Knight that was taken in this case that wer e not designated as confidential. Those portions may be presented for the limited purpose of filing a motion seeking relief from judgment based upon an alleged fraud on the Court and/or any appropriate relief in the nature of contempt or sanctions. B lack Knight then will be entitled to argue to Judge Koeltl that the transcript is not properly used in the Mazzei case, in view of the provisions of the stipulated protective order entered in this case. (See ECF No. 51.) Judge Koeltl will decide whet her to consider the Black Knight transcript or not. The Clerk of the Court is instructed to terminate the gavel at ECF No. 255. So ordered. Terminating 255 Motion for Protective Order. (Signed by Magistrate Judge Stewart D. Aaron on 3/2/2020) (rjm)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3/2/2020 Lamar Bigsby, Jr., et al., Plaintiffs, -againstBarclays Capital Real Estate, Inc., et al., 1:14-cv-01398 (JGK) (SDA) ORDER Defendants. STEWART D. AARON, United States Magistrate Judge: Before the Court is Plaintiff’s motion for clarification and/or modification. (ECF No. 255.) For the reasons stated on the record during a telephone conference held today, it is hereby ORDERED that Plaintiff’s counsel may present to Judge Koeltl in the related case, Mazzei v. The Money Store, No. 01-cv-05694, those portions of the transcript of deposition of Black Knight that was taken in this case that were not designated as confidential. Those portions may be presented for the limited purpose of filing a motion seeking relief from judgment based upon an alleged fraud on the Court and/or any appropriate relief in the nature of contempt or sanctions. Black Knight then will be entitled to argue to Judge Koeltl that the transcript is not properly used in the Mazzei case, in view of the provisions of the stipulated protective order entered in this case. (See ECF No. 51.) Judge Koeltl will decide whether to consider the Black Knight transcript or not. The Clerk of the Court is instructed to terminate the gavel at ECF No. 255. SO ORDERED. DATED: New York, New York March 2, 2020 ______________________________ STEWART D. AARON United States Magistrate Judge 2

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