HotelsAB Green, LLC v. Reignwood Europe Holdings SARL

Filing 175

MEMORANDUM OPINION AND ORDER re: 165 MOTION Objection to Magistrate Judge Order re: 147 Order on Motion for Local Rule 37.2 Conference,, . filed by Andre Balazs, HotelsAB Green, LLC, 162 MOTION Objection to Magistrate Judge Order re: 145 Order on Motion for Local Rule 37.2 Conference . filed by Andre Balazs, HotelsAB Green, LLC. It cannot be said that the Magistrate Judge's order requiring the movants to comply with the Interrogatory and Do cument Requests was clearly erroneous or contrary to law. It was a reasonable discovery order that required the movants to produce information that was relevant to HotelsAB's claim for substantial damages arising from its alleged inability to co mplete the transaction in this case. To the extent that the movants argue that the information is too burdensome to produce and not proportional to the needs of the case, the movants have made no specific showing of the volume of that information an d no showing to support its claim that the information is not proportional to the needs of the case. If there were problems with the scope of the requests, they should have been the subject of good faith negotiations to narrow the scope of the reque sts rather than a refusal to produce. With respect to the order allowing the Chairman to be deposed in Hong Kong, it is undisputed that the Chairman regularly resides in Beijing and that his deposition could not proceed in Beijing. The movants argu e that the deposition should therefore proceed in New York because New York is the most convenient venue, and that the Magistrate Judge should have ordered the deposition to occur in New York. Having conceded that the deposition could not occur in B eijing, where the Chairman resides, and having previously agreed that the deposition could occur under certain circumstances in Hong Kong, it strains credulity that the movants could argue that it was an abuse of discretion to order the Chairman' ;s deposition to proceed in Hong Kong, a far more convenient forum for the Chairman than New York. Reignwood should have submitted responses to the Objections and should do so in the future. Its positions are not helped by its silence on these Objections. The Objections are overruled. The Clerk is directed to close Docket Numbers 162 and 165. SO ORDERED. (Signed by Judge John G. Koeltl on 5/15/19) (yv)