Cesari S.R.L. v. Peju Province Winery L.P. et al

Filing 182

MEMORANDUM AND ORDER granting in part and denying in part 176 Motion to Quash. This Memorandum and Order addresses the submissions at docket entries 176 through 181. Plaintiff has established the relevance of only (1) whether Peju Province Corpora tion and/or Peju Family Operating Partnership, L.P. controlled Peju Province Winery L.P. in the TTAB litigation, and (2) Ariana Peju's alleged lack of knowledge of Peju Province Winery L.P.'s prior trademark application to register LIANA, o r of the prior TTAB proceeding. The Court accordingly quashes plaintiff's subpoena except to the extent that it requests documents that bear on at least one of those two topics, and directs as follows. First, defendants must produce to the Court for in camera review each document on their privilege log that bears on either of the two topics listed above. Second, defendants must produce to plaintiff (if not privileged or otherwise protected) or to the Court (if privileged or otherwise prot ected) any of Frankel's documents not listed on their privilege log that bear on either of those topics. In heeding these directions, the Court reminds defendants that billing statements and engagement letters are generally not privileged, excep t for "content that reveals the motive of the client in seeking representation, litigation strategy, or the specific nature of the services provided, such as researching particular areas of law. II Newmarkets Partners, LLC v. Sal. Oppenheim Jr. & Cie. S.C.A., 258 F.R.D. 95, 101 (S.D.N.Y. 2009) (internal quotation marks and alteration omitted). Finally, the Court rejects plaintiff's arguments concerning implied waiver of privilege. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 176. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/3/2019) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------X
CESARI S.R.L.,
Plaintiff,
- against -

MEMORANDUM AND ORDER

PEJU PROVINCE WINERY L.P., PEJU
PROVINCE CORPORATION, and PEJU
FAMILY OPERATING PARTNERSHIP, L.P.,

17 Civ. 873 (NRB)

Defendants.
----------------------------------X
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE
This Memorandum and Order addresses the submissions at docket
entries 176 through 181.

Plaintiff has established the relevance

of only (1) whether Peju Province Corporation and/or Peju Family
Operating Partnership, L.P. controlled Peju Province Winery L.P.
in the TTAB litigation, and (2) Ariana Peju’s alleged lack of
knowledge

of

Peju

Province

Winery

L.P.’s

prior

trademark

application to register LIANA, or of the prior TTAB proceeding.
The Court accordingly quashes plaintiff’s subpoena except to the
extent that it requests documents that bear on at least one of
those two topics, and directs as follows.

First, defendants must

produce to the Court for in camera review each document on their
privilege log that bears on either of the two topics listed above.
Second, defendants must produce to plaintiff (if not privileged or
otherwise protected) or to the Court (if privileged or otherwise

1

protected) any of Frankel's documents not listed on their privilege
log that bear on either of those topics.
In heeding these directions,

the Court

reminds defendants

that billing statements and engagement letters are generally not
privileged,
client

in

except for "content that reveals the motive of the
seeking

specific nature

representation,

of

the

services

particular areas of law.
Oppenheim Jr.

&

Cie.

S.C.A.,

litigation
provided,

strategy,

such

as

or

the

researching

Newmarkets Partners, LLC v. Sal.

II

258 F.R.D.

95,

101

(S.D.N.Y.

2009)

(internal quotation marks and alteration omitted).
Finally, the Court rejects plaintiff's arguments concerning
implied waiver of privilege.

The Clerk of Court is respectfully

directed to terminate the motion pending at docket entry 176.
SO ORDERED.

Dated:

New York, New York
October .3, 2019

L~;,d;;::d

NAOMI RElCEBUCHWALD
UNITED STATES DISTRICT JUDGE

2