New York Wheel Owner LLC v. Mammoet-Starneth LLC

Filing 318

ORDER denying without prejudice 312 Motion to Compel. As discussed, and for the reasons stated, on the record during todays telephone conference: 1. Defendants' motion to compel discovery, ECF No. 312, is DENIED without prejudice. 2. No l ater than January 12, 2021, Defendants shall advise Plaintiffs if they intend to bring a motion for sanctions. If Defendants intend to bring a motion for sanctions, the parties must confer and file a joint letter no later than January 15, 2021, pro posing a briefing schedule that would include a deadline by which Plaintiffs must elect whether to invoke an advice-of-counsel defense and if appropriate a deadline by which additional discovery would be produced. If Defendants do not intend to bring a motion for sanctions, they must promptly file a letter on ECF so advising the Court. The Clerk of Court is directed to terminate ECF No. 312. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/6/21) (yv)

Case 1:17-cv-04026-JMF Document 318 Filed 01/06/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
NEW YORK WHEEL OWNER LLC, et al.,
:
:
Plaintiffs,
:
:
-v:
:
MAMMOET-STARNETH LLC, et al.,
:
:
Defendants.
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:
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17-CV-4026 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
As discussed, and for the reasons stated, on the record during today’s telephone
conference:
1. Defendants’ motion to compel discovery, ECF No. 312, is DENIED without prejudice.
2. No later than January 12, 2021, Defendants shall advise Plaintiffs if they intend to bring
a motion for sanctions. If Defendants intend to bring a motion for sanctions, the parties
must confer and file a joint letter no later than January 15, 2021, proposing a briefing
schedule that would include a deadline by which Plaintiffs must elect whether to invoke
an advice-of-counsel defense and — if appropriate — a deadline by which additional
discovery would be produced. If Defendants do not intend to bring a motion for
sanctions, they must promptly file a letter on ECF so advising the Court.
The Clerk of Court is directed to terminate ECF No. 312.
SO ORDERED.
Dated: January 6, 2021
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge