In re Lifetrade Litigation

Filing 252

ORDER NO. 35 MEMORIALIZING FEBRUARY 20, 2020 STATUS CONFERENCE : IT IS HEREBY ORDERED THAT 1. Upon service of this Order, the Obligated Parties are required to preserve all Subject Documents in their possession, custody, or control. 2. The Obligated Party's duty to preserve all Subject Documents shall remain in effect until further Order of this Court. If any of the Subject Documents are scheduled to be destroyed or discarded in accordance with an Obligated Party's existing document retention policy, that policy shall be immediately suspended for any documents that constitute Subject Documents, and the Subject Documents shall be preserved in accordance with this Order. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/6/2020) (ks) Modified on 3/6/2020 (ks).

USDCSDNY
Case 1:17-cv-02987-JPO-KHP Document 244-1 Filed 02/28/20 Page 1 of 2
DOCUMENT
ELECTRONICALLY nLED
DOC#:_ _ _ _ _ __
IN THE UNITED STATES DISTRICT COURT
DATE FILED: 03/06/2020
FOR THE SOUTHERN DISTRICT OF NEW YORK
IN RE LIFETRADE LITIGATION:

CIVIL ACTION NO.1:17-cv-02987

This Document Relates to: All Actions

(PROPOSED]
xxxxxxxxxxx ORDER TO PRESERVE EVIDENCE

This Order to Preserve Evidence (the "Order") is directed to the executor, administrator,
or representative of the estate of Roy G. Smith ("Smith") as well as Smith's heirs, assigns,
distributes and immediate family members (the "Obligated Parties") because they may have
possession, custody, or control of document that referenced to the above-captioned litigation. As
set forth herein, the Obligated Parties must preserve the Subject Documents, defined below, until
further Order of this Couti.
The following categories of documents are relevant in the instant litigation (the "Subject
Documents") and include any and all hard-copy or electronic formats.
1) All documents and communications related to the contracts, marketing and
promotional materials, and reports or analyses, at issue in this action;
2) All documents and communications related to the life insurance policies underlying
the securities at issue in this action;
3) All documents and communications related to Smith's communications, notes, travel
itineraries, calendars, and financial records and all other documents regarding the
companies and claims at issue in this action;
4) All documents and communications relating m any way to loans from either
Wachovia or the Wells Fargo Defendants;
5) All financial, accounting, tax, legal or other documents relating to all money or other
benefits received by Mr. Smith relating to the Lifetrade or associated entities,
including the disposition and present whereabouts of those funds; and
6) All documents and communications related to any party's claim or defense in this
action.

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Case 1:17-cv-02987-JPO-KHP Document 244-1 Filed 02/28/20 Page 2 of 2

IT IS HEREBY ORDERED THAT

1.

Upon service of this Order, the Obligated Parties are required to preserve all

Subject Documents in their possession, custody, or control.
2.

The Obligated Party's duty to preserve all Subject Documents shall remain in

effect until further Order of this Court. If any of the Subject Documents are scheduled to be
destroyed or discarded in accordance with an Obligated Party's existing document retention
policy, that policy shall be immediately suspended for any documents that constitute Subject
Documents, and the Subject Documents shall be preserved in accordance with this Order.

03/06/2020
Dated: - - -- -- - -"2020

SO ORDERED:

HON. KATHERINE H. PARI(ER
UNITED STATES MAGISTRATE JUDGE

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