SM Kids, LLC v. Google LLC et al

Filing 220

ORDER: Following a telephone conference with the parties on March 11, 2021, and for the reasons stated on the record, it is hereby Ordered as follows: No later than Thursday, March 18, 2021, the parties shall submit a joint letter regarding any request to extend the deadline for the completion of fact and expert discovery. No later than, Friday, March 26, 2021, the parties shall submit the following exemplar documents for the Courts in camera review: as set forth in this order. The parties shall meet and confer regarding the remaining disputes involving Zach Dennis, Michael Levine, Tim Quinn and Tom Shane (see 3/9/2021 Joint Letter at 11- 12) and, if they cannot, agree shall each submit one exemplar for each individual no later than Friday, March 26, 2021. The parties shall meet and confer regarding the alleged "Irregularities in the Third Parties' Privilege Logs." (3/9/2021 Joint Letter at 12.) No later than Apr il 1, 2021, Defendants shall file a comprehensive brief with respect to: as set forth in this order. Plaintiff shall file its response no later than April 22, 2021 and Defendant shall file any reply no later than May 6, 2021. The Court will hold oral argument via telephone on Tuesday, May 11, 2021 at 2:00 p.m. At the scheduled time, the parties shall each separately call [phone] (or [phone]) and enter access code 6489745. So Ordered. (Responses due by 4/22/202 1, Replies due by 5/6/2021.), ( Oral Argument set for 5/11/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 3/12/2021) (js) (Main Document 220 replaced on 3/12/2021) (kl). Modified on 3/12/2021 (kl).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
3/12/2021

SM Kids, LLC, as successor-in-interest to
Stelor Productions, LLC,
Plaintiff,

1:18-cv-02637 (LGS) (SDA)
ORDER

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

Following a telephone conference with the parties on March 11, 2021, and for the reasons
stated on the record, it is hereby Ordered as follows:
1. No later than Thursday, March 18, 2021, the parties shall submit a joint letter
regarding any request to extend the deadline for the completion of fact and expert
discovery.
2. No later than, Friday, March 26, 2021, the parties shall submit the following exemplar
documents for the Court’s in camera review:
a. The 18 privilege log entries regarding Matt Mazer.1 (See 3/9/2021 Joint Letter,
ECF No. 211, at 4.)
b. Three exemplars for each person (and from each side) for the following
employees/directors of Stelor Productions LLC: Steve Esrig, Jeff Linowes, Mark

Upon further reflection following the telephone conference with the parties, the Court has increased
the total number of exemplars to be submitted by each side, including with respect to Mr. Mazer.
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Silverman, Barry Wilson, Scot Thomas, and Sam Wilson. (3/9/2021 Joint Letter
at 5-6.)
c. Six exemplars from each side prior to May 3, 2011 regarding Roger Shiffman.
(3/9/2021 Joint Letter at 6-7.)
d. Four exemplars from each side regarding Ted Koenig. (3/9/2021 Joint Letter at
7-8.)
e. Four exemplars each regarding Sydne Garchik, Sandy Garchik Katzman, Lori
Esrig, Rob Rothstein, Bruce Auerbach and Tara Cohen. (3/9/2021 Joint Letter
at 9-10.)
3. The parties shall meet and confer regarding the remaining disputes involving Zach
Dennis, Michael Levine, Tim Quinn and Tom Shane (see 3/9/2021 Joint Letter at 1112) and, if they cannot, agree shall each submit one exemplar for each individual no
later than Friday, March 26, 2021.
4. The parties shall meet and confer regarding the alleged “Irregularities in the Third
Parties’ Privilege Logs.” (3/9/2021 Joint Letter at 12.)
5. No later than April 1, 2021, 2 Defendants shall file a comprehensive brief with respect
to:
a. The appropriate legal standard, following the New York Court of Appeals
decision in Ambac Assur. Corp. v. Countrywide Home Loans, Inc., 27 N.Y.3d
616, 624 (2016), regarding whether and/or under what circumstances the

The deadlines in this Order supersede any deadlines set forth in the Court’s March 10, 2021 Order. (See
3/10/2021 Order, ECF No. 219.)
2

2

attorney-client privilege is waived if communications are shared with agents
of either the client or the attorney and, assuming a necessity requirement,
why the presence of agents was required to enable the attorney-client
communication on any exemplar documents before the Court (see 3/10/2021
Order, ECF No. 219); and
b. All remaining disputes regarding privilege issues. Any issue not raised shall be
deemed waived.
6. Plaintiff shall file its response no later than April 22, 2021 and Defendant shall file any
reply no later than May 6, 2021. The Court will hold oral argument via telephone on
Tuesday, May 11, 2021 at 2:00 p.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
March 12, 2021
______________________________
STEWART D. AARON
United States Magistrate Judge

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