SM Kids, LLC v. Google LLC et al

Filing 118

AMENDED ORDER: Following a telephone conference with the parties, and for the further reasons set forth on the record, it is hereby ORDERED, as follows: 1. Defendants' Letter Motion (ECF No. 113) is GRANTED IN PART and DENIED IN PART. In resp onse to Defendants' Request No. 2, Plaintiff shall produce all hard copy documents contained in the boxes that were discussed in today's conference and with respect to ESI shall apply the search terms to be negotiated. In response to Req uest No. 10, Plaintiffs shall produce all documents and communications from January 1, 2008 to March 26, 2018 concerning SM Kids, LLC, including but not limited to its formation and business. No later than October 16, 2020, Plaintiff shall file it s anticipated Letter Motion to compel on the issues discussed during todays conference. Defendants shall respond no later than October 22, 2020. Plaintiff shall reply by October 26, 2020. The Court shall hold a telephonic oral argument on the moti on on October 28, 2020 at 10:00 a.m. At the scheduled time, the parties shall each separately call [phone] (or [phone]) and enter access code 6489745. (Telephonic Oral Argument set for 10/28/2020 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 10/16/2020) (kl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SM Kids, LLC, as successor-in-interest to
Stelor Productions, LLC,
Plaintiff,

10/16/2020
1:18-cv-02637 (LGS) (SDA)
AMENDED ORDER

-againstGoogle LLC et al.,
Defendants.
STEWART D. AARON, United States Magistrate Judge:

Following a telephone conference with the parties, and for the further reasons set forth
on the record, it is hereby ORDERED, as follows:
1. Defendants’ Letter Motion (ECF No. 113) is GRANTED IN PART and DENIED IN PART.
In response to Defendants’ Request No. 2, Plaintiff shall produce all hard copy
documents contained in the boxes that were discussed in today’s conference and with
respect to ESI shall apply the search terms to be negotiated. In response to Request
No. 10, Plaintiffs shall produce all documents and communications from January 1,
2008 to March 26, 2018 concerning SM Kids, LLC, including but not limited to its
formation and business.
2. Interrogatories in this case shall be “restricted to those seeking names of witnesses
with knowledge of information relevant to the subject matter of the action, the
computation of each category of damage alleged, and the existence, custodian,
location and general description of relevant documents,” in accordance with Local
Civil Rule 33.3(a)

3. The parties shall execute the ESI protocol, implementing the changes ordered by the
Court during today’s conference, no later than October 16, 2020.
4. The parties shall meet and confer in good faith and seek to agree on custodians,
search terms and date ranges. The parties also shall meet and confer in good faith in
an effort to resolve all other disputes. If the parties are unable to resolve all their
disputes, then no later than October 21, 2020, the parties shall file a joint letter (not
to exceed 10 pages) setting forth each side’s position with respect to each remaining
dispute.
5. No later than October 16, 2020, Plaintiff shall file its anticipated Letter Motion to
compel on the issues discussed during today’s conference. Defendants shall respond
no later than October 22, 2020. Plaintiff shall reply by October 26, 2020. The Court
shall hold a telephonic oral argument on the motion on October 28, 2020 at 10:00
a.m. At the scheduled time, the parties shall each separately call [phone] (or
[phone]) and enter access code 6489745
SO ORDERED.
DATED:

New York, New York
October 16, 2020
______________________________
STEWART D. AARON
United States Magistrate Judge

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