Shih v. Petal Card, Inc. et al

Filing 193

ORDER granting 176 Letter Motion to Compel; granting 177 Letter Motion to Compel. It is hereby ORDERED as follows: 1.As to Dkt. No. 177: a. No later than August 20, 2021, plaintiff shall identify to defendants up to six (6) withheld or redacted documents (from those appearing on the log at Dkt. No. 177-1) to be submitted to the Court for in camera review. b.No later than August 23, 2021, defendants shall submit the documents identified by plaintiff, together with up to three (3) additional withheld or redacted documents (from those appearing on the log at Dkt. No. 177-1),for in camera review by emailing them to the Court at [e-mail]. Defendants shall then file a confirming letter on ECF t hat identifies all of the documents submitted for in camera review. 2. As to Dkt. No. 176: a. No later than August 20, 2021, defendants shall produce to plaintiffs the documents identified as PRIV00000001 - PRIV00000009 on the log at Dkt. No. 17 6-1. Defendants have not met their burden of demonstrating that these documents were properly withheld on any of the grounds asserted. b. No later than August 20, 2021, defendants shall identify to plaintiff up to six (6) withheld documents, all dated between January 14 and June 24, 2019, for in camera review. c. No later than August 23, 2021, plaintiff shall submit the documents identified by plaintiff, together with up to three (3) additional withheld documents (within the same date range) for in camera review by emailing them to the Court at [e-mail]. Plaintiff shall then file a confirming letter on ECF that identifies all of the documents submitted for in camera review, together with copies of (i) the portions of plaintiff's supplemental privilege log corresponding to the excepts submitted at Dkt. Nos. 176-1 and 181-1, and (ii) Mr. Kauder's written agreement with Mr. Dawson's law firm to provide legal services in this case,dated June 24, 2019. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/18/2021) (vfr)

Case 1:18-cv-05495-JFK-BCM Document 193 Filed 08/18/21 Page 1 of 2

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

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

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

8/18/21

The Court conducted a discovery conference on August 17, 2021, with respect to (1)
plaintiff's motion to compel the production of certain communications to or from defendant Jason
Gross (who was once a lawyer admitted to practice in New York), which were withheld or redacted
by defendants on attorney-client privilege grounds (Dkt. No. 177); and (2) defendants' motion to
compel the production of certain communications with Lane Kauder (who is now plaintiff's
husband and a lawyer admitted to practice in New York), which were withheld by plaintiff on
work-product, attorney-client privilege, and/or spousal privilege grounds (Dkt. No. 176) For the
reasons discussed at the August 17, 2021 it is hereby ORDERED as follows:
1.

As to Dkt. No. 177:
a.

b.

2.

No later than August 20, 2021, plaintiff shall identify to defendants up to
six (6) withheld or redacted documents (from those appearing on the log at
Dkt. No. 177-1) to be submitted to the Court for in camera review.
No later than August 23, 2021, defendants shall submit the documents
identified by plaintiff, together with up to three (3) additional withheld or
redacted documents (from those appearing on the log at Dkt. No. 177-1),
for in camera review by emailing them to the Court at
[e-mail]. Defendants shall then file a
confirming letter on ECF that identifies all of the documents submitted for
in camera review.

As to Dkt. No. 176:
a.

No later than August 20, 2021, defendants shall produce to plaintiffs the
documents identified as PRIV00000001 - PRIV00000009 on the log at Dkt.

Case 1:18-cv-05495-JFK-BCM Document 193 Filed 08/18/21 Page 2 of 2

No. 176-1. Defendants have not met their burden of demonstrating that
these documents were properly withheld on any of the grounds asserted.
b.

No later than August 20, 2021, defendants shall identify to plaintiff up to
six (6) withheld documents, all dated between January 14 and June 24,
2019, for in camera review.

c.

No later than August 23, 2021, plaintiff shall submit the documents
identified by plaintiff, together with up to three (3) additional withheld
documents (within the same date range) for in camera review by emailing
them to the Court at [e-mail]. Plaintiff
shall then file a confirming letter on ECF that identifies all of the documents
submitted for in camera review, together with copies of (i) the portions of
plaintiff's supplemental privilege log corresponding to the excepts
submitted at Dkt. Nos. 176-1 and 181-1, and (ii) Mr. Kauder's written
agreement with Mr. Dawson's law firm to provide legal services in this case,
dated June 24, 2019.

Dated: New York, New York
August 18, 2021
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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