New York Wheel Owner LLC v. Mammoet-Starneth LLC

Filing 316

ORDER: The Court has reviewed the parties' papers with respect to Defendants' motion to compel New York Wheel Owner LLC ("NY Wheel") to produce certain sanctions-related discovery. See ECF Nos. 312-15. The parties are hereby OR DERED to appear for a conference on January 6, 2021, at 2:00 p.m. to discuss the motion. Among other things, the parties should be prepared to discuss: and further set forth in this Order. Set Deadlines/Hearing as to 312 MOTION to Compel Discovery . :( Motion Hearing set for 1/6/2021 at 02:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/22/2020) (rro)

Case 1:17-cv-04026-JMF Document 316 Filed 12/22/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
NEW YORK WHEEL OWNER LLC, et al.
:
:
Plaintiffs,
:
:
-v:
:
MAMMOET-STARNETH LLC, et al.,
:
:
Defendants.
:
:
---------------------------------------------------------------------- X

17-CV-4026 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
The Court has reviewed the parties’ papers with respect to Defendants’ motion to compel
New York Wheel Owner LLC (“NY Wheel”) to produce certain sanctions-related discovery.
See ECF Nos. 312-15. The parties are hereby ORDERED to appear for a conference on
January 6, 2021, at 2:00 p.m. to discuss the motion. Among other things, the parties should be
prepared to discuss:
1) Whether NY Wheel has actually placed its communications with its prior counsel “at
issue” so as to constitute a waiver of the attorney-client privilege or whether NY Wheel’s
statements thus far “[m]erely announce[] . . . an intent to” disclose privileged
information. QBE Ins. Corp. v. Jorda Enterprises, Inc., 286 F.R.D. 661, 665 (S.D. Fla.
2012); see also Shared Med. Res., LLC V. Histologics, LLC, No. 12-CV-0612 (DOC),
2012 WL 5570213, at *4 (C.D. Cal. Nov. 14, 2012).
2) If NY Wheel has not yet placed its communications with counsel “at issue,” whether the
Court should consider either of the following approaches moving forward:
a. Setting a deadline by which NY Wheel would have to elect to either assert a
reliance-on-counsel defense to any sanctions motion — in which case Defendants
would be entitled to obtain otherwise privileged materials — or forego that
defense. See, e.g., In re Buspirone Antitrust Litig., 208 F.R.D. 516, 521-26
(S.D.N.Y. 2002).

Case 1:17-cv-04026-JMF Document 316 Filed 12/22/20 Page 2 of 2