Shih v. Petal Card, Inc. et al

Filing 160

ORDER: No later than July 28, 2021, the parties shall file their letter-motions with respect to any unresolved privilege issues. Unless the parties agree otherwise, responses and optional replies will be due in accordance with Moses Ind. Prac. §2 (e). (As further set forth in this Order.) ( Motions due by 7/28/2021.) (Signed by Magistrate Judge Barbara C. Moses on 7/1/2021) (cf)

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

18-CV-5495 (JFK) (BCM)

Plaintiff,

ORDER

PETAL CARD, INC., f/k/a CREDITBRIDGE,
INC., et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.

7/1/21

For the reasons stated on the record during the June 30, 2021 status conference, it is hereby
ORDERED that:
1. Privilege Logs. No later than July 21, 2021, after meeting and conferring in good faith, the
parties shall serve their updated and revised privilege logs in accordance with Local Civ. Rule
26.2 and the guidance provided during the conference. No later than July 28, 2021, the parties
shall file their letter-motions with respect to any unresolved privilege issues. Unless the parties
agree otherwise, responses and optional replies will be due in accordance with Moses Ind. Prac.
§ 2(e).
2. Documents Concerning Petal's Underwriting Process. No later than July 21, 2021, defendants
shall promptly produce the documents – discussed in the parties' June 28, 2021 joint letter (Joint
Ltr.) (Dkt. No. 158) and during the conference – that they have offered in response to plaintiff's
request for documents "sufficient to show the underwriting process for Petal credit card
applicants." Joint Ltr. at 2-3.
3. Documents Provided to Lenders in Connection with Debt Financing Transactions. No later
than August 31, 2021, defendants shall produce all documents regarding (1) the $34 million
April 2018 debt facility with Jeffries and Silicon Valley Bank (SVB), see Joint Ltr. at 2; (2) the
$4 million May 2018 debt facility described by defendants' counsel during the hearing; and (3)
the $126 million January 2021 debt facility with Trinity Capital and SVB, see Joint Ltr. at 2,
in each case including both "deal documents" and documents provided to the lenders in
connection with the transactions.
4. Substantial Completion of Document Production. Document production shall be substantially
completed no later than August 31, 2021.
5. Joint Letter regarding Scheduling. No later than July 2, 2021, the parties shall submit a joint
letter proposing a modified case management order to govern fact and expert discovery, as well
as any post-discovery motion practice.
Dated: New York, New York
July 1, 2021

SO ORDERED.
_________________________
BARBARA MOSES
United States Magistrate Judge