Nypl v. JP Morgan Chase & Co. et al

Filing 498

ORDER: It is hereby ORDERED that, to the extent that Plaintiffs' deposition notices and topics extend beyond those agreed to in the Stipulation, they are quashed. This includes the following notices and topics: Plaintiffs' Rule 30(b)(6) notice on Bank of America Corporation and Bank of America, N.A., and non-party Merrill Lynch, Pierce, Fenner & Smith Incorporated. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/24/2020) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
JOHN NYPL, et al.,
:
Plaintiffs, :
:
-against:
:
JP MORGAN CHASE & CO., et al.,
:
Defendants. :
------------------------------------------------------------ X

02/24/2020
15 Civ. 9300 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on March 18, 2019, the Court so ordered a Stipulation and Order Concerning
Deposition Coordination (the “Stipulation”). See Dkt. No. 425. The Stipulation includes the
following provisions:
WHEREAS, pursuant to Rules 30, 31, and 45 of the Federal Rules of Civil
Procedure, the Nypl Plaintiffs, apart from experts, are only seeking the depositions
of (i) the signatories to the May 20, 2015 plea agreements between the United
States Department of Justice and Barclays PLC, Citicorp, JPMorgan Chase & Co.,
Royal Bank of Scotland PLC, and UBS AG, the December 11, 2012 deferred
prosecution agreement between the United States Department of Justice, HSBC
Holdings PLC, and HSBC Bank USA, N.A., and the January 18, 2018 deferred
prosecution agreement between the United States Department of Justice and
HSBC Holdings PLC (each, a "Signatory Witness," and, collectively, "Signatory
Witnesses") and/or a corporate representative designated under Rule 30(b)(6) that
is knowledgeable about said corporations' May 20, 2015 plea agreements or the
December 11, 2012 and January 18, 2018 deferred prosecution agreements, on
topics limited to those agreements (each, a "30(b)(6) Witness," and, collectively,
"30(b)(6) Witnesses"); and (ii) Matthew Gardiner.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and between the undersigned attorneys, on behalf of the Nypl Plaintiffs and Nypl
Defendants, as follows: . . . (2) Nypl Plaintiffs shall be limited to seeking only
depositions of (i) the Signatory Witnesses and/or 30(b)(6) Witnesses, and (ii)
Matthew Gardiner.
WHEREAS, on December 4, 2019, the testamentary discovery stay in this case was lifted
as to defendants for whom discovery is not stayed in its entirety for all witnesses but for Frank
Cahill, Serge Sarramegna, Jason Katz, Christopher Cummins and Nicholas Williams (Dkt. No.

476);
WHEREAS, on December 16, 2019, Plaintiffs were directed to issue or renew any notices
for depositions pursuant to the Stipulation by January 3, 2020. Defendants were directed to
provide Plaintiffs with their written objections to such notices by January 13, 2020; and the
parties were directed to meet and confer regarding Defendants' objections and file a letter with
the Court identifying any issues requiring the Court's intervention and resolution (Dkt. No. 479);
WHEREAS, on January 31, 2020, the parties filed a letter describing the issues requiring
the Court’s intervention and resolution relating to Defendants’ objections to Plaintiffs’ 30(b)(6)
and Signatory Witness deposition notices (Dkt. No. 490). It is hereby
ORDERED that, to the extent that Plaintiffs’ deposition notices and topics extend beyond
those agreed to in the Stipulation, they are quashed. This includes the following notices and
topics:
•

Plaintiffs’ Rule 30(b)(6) notice on Bank of America Corporation and Bank of
America, N.A., and non-party Merrill Lynch, Pierce, Fenner & Smith
Incorporated.

•

Plaintiffs’ Rule 30(b)(6) notice on HSBC Holdings PLC or HSBC Bank USA,
N.A. to the extent the designated topics relate to subject matters other than the
January 18, 2018 deferred prosecution agreement between the United States
Department of Justice and HSBC Holdings PLC. Topics quashed include those
relating to the United States Commodity Futures Trade Commission Order.

•

Topics in any Rule 30(b)(6) notices relating to the accuracy of the at-issue
Department of Justice (“DOJ”) press release.

•

Plaintiffs’ Signatory Witness deposition notice on Axel Weber.
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It is further
ORDERED that, by March 16, 2020, Plaintiffs shall file a letter on ECF providing further
information concerning the relevance of testimony regarding the December 11, 2012 deferred
prosecution agreement between the United States Department of Justice, HSBC Holdings PLC,
and HSBC Bank USA, N.A.. It is further
ORDERED that, to the extent that any proposed Signatory Witnesses are still employed
by Defendants, by March 16, 2020, Defendants shall file affidavits from the Signatory Witnesses
describing how they came to have knowledge of the matters underlying the applicable plea or
deferred prosecution agreements including, as relevant, all facts relevant to a determination of
whether they have any knowledge about the underlying facts that is not privileged. To the extent
that Plaintiffs seek depositions of Signatory Witnesses who are not employed by Defendants,
Defendants are under no obligation to produce them for deposition, and Plaintiffs must serve any
such notice on the Signatory Witnesses directly or seek 30(b)(6) witnesses who are employed by
the Defendants, pursuant to the Stipulation.
ORDERED that, by March 16, 2020, Defendants shall file a letter on ECF informing the
Court as to whether they can produce 30(b)(6) witnesses who can testify about the same subject
matter as any noticed Signatory Witnesses without the impediments of privilege or the Apex
doctrine objections.
Dated: February 24, 2020
New York, New York

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