Shih v. Petal Card, Inc. et al

Filing 150

ORDER terminating 140 Letter Motion to Compel; terminating 143 Letter Motion for Conference re: 140 LETTER MOTION to Compel Non-Parties Howard Altman, Kerry Botensten, Lane Kauder, Benjamin Leff, Radiant Lifestyle, LLC, and Tripsha, I nc. to produce documents responsive to Defendants' subpoenas addressed to Magistrate Judge Barbara C, 143 LETTER MOTION for Conference re: Proposed Motion to Compel Non-Parties Howard Altman, Kerry Botensten, Lane Kauder, Benj amin Leff, Radiant Lifestyle, LLC, and Tripsha, Inc. to produce documents responsive to Defendants' subpoenas addres. The recipients of the nonparty subpoenas that are the subject of defendants' letter-motions dated April 15 and April 21, 2021 (Dkt. Nos. 140, 143) shall promptly produce all responsive, non-privileged documents dated or created on or before February 15, 2019. The status conference now scheduled for May 20, 2021 is ADJOURNED to June 16, 2021, at 10:00 a.m. A pub licly accessible audio line will be available to nonparties, including members of the public and the press, by dialing [phone] and entering the code 923981331#. Nonparties must observe the same decorum as would be expected at an in-person conference, and must mute their telephone lines throughout the proceeding. This Order resolves the motions at Dkt. Nos. 140 and 143. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 5/4/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CASSANDRA SHIH,

5/4/21

Plaintiff,
-againstPETAL CARD, INC. et. al.,

18-CV-5495 (JFK) (BCM)
ORDER

Defendant.
BARBARA MOSES, United States Magistrate Judge.
For the reasons discussed on the record during the May 3, 2021 discovery conference, it is
hereby ORDERED that:
1.

The recipients of the nonparty subpoenas that are the subject of defendants' lettermotions dated April 15 and April 21, 2021 (Dkt. Nos. 140, 143) shall promptly
produce all responsive, non-privileged documents dated or created on or before
February 15, 2019. Documents dated or created thereafter need not be produced. If
a subpoena recipient has no responsive documents dated or created on or before
February 15, 2019 in his possession, custody, or control, he shall promptly so state
in writing.

2.

If and to the extent otherwise-discoverable documents responsive to the subpoenas
are withheld on privilege grounds, the subpoena recipients shall serve privilege
logs, in accordance with Local Civil Rule 26.2, no later than June 7, 2021.
Documents properly withheld pursuant to the attorney-client privilege need not be
logged if the privileged communications (a) were between the subpoena recipient
and the attorney(s) who later served as that recipient's counsel of record in this
action and (b) took place on or after September 1, 2017.

3.

Pursuant to ¶ 1 of the Revised Supplemental Case Management Order dated March
22, 2021 (Dkt. No. 137), the parties were required to substantially complete their
document production in response to the requests for production (RFPs) then
outstanding by May 7, 2021. On or before June 7, 2021, the parties shall serve their
initial privilege logs, in accordance with Local Civil Rule 26.2, covering the
documents produced through May 7. Documents properly withheld pursuant to the
attorney-client privilege need not be logged if the privileged communications (a)
were between the producing party and the attorney(s) who later served as that
party's counsel of record in this action and (b) took place on or after September 1,
2017. The Court has been informed that additional RFPs were served after the
issuance of the Revised Supplemental Case Management Order and that the
production of documents responsive to those RFPs will not be substantially
complete by May 7, 2021.

4.

The status conference now scheduled for May 20, 2021 is ADJOURNED to June
16, 2021, at 10:00 a.m.
a.

One week prior to that date, by June 9, 2021, the parties shall file status
letters outlining the progress of discovery to date, including any disputes
that require judicial resolution, and may propose further revisions to the
Case Management Order as needed. Responding letters are due no later than
June 14, 2021.

b.

Pending further order of the Court (after evaluation of public health
conditions), the conference will be conducted remotely via Microsoft
Teams. Chambers will email the required videoconferencing link to the

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parties in advance of the conference. A publicly accessible audio line will
be available to nonparties, including members of the public and the press,
by dialing [phone] and entering the code 923981331#. Nonparties
must observe the same decorum as would be expected at an in-person
conference, and must mute their telephone lines throughout the proceeding.
This Order resolves the motions at Dkt. Nos. 140 and 143.
Dated: New York, New York
May 4, 2020
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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