Shih v. Petal Card, Inc. et al

Filing 231

ORDER: denying without prejudice 189 Letter Motion to Compel; terminating 204 Letter Motion for Local Rule 37.2 Conference.; granting 207 Letter Motion for Conference re: 189 LETTER MOTION to Compel Third Parties Lane Kauder, Radiant L ifestyle, Inc. and Tripsha, Inc. to Produce Documents Designated as Privileged or Subject to Work Product Protection. addressed to Magistrate Judge Barbara C. Moses from Kelley C., 204 LETTER MOTION for Local Rule 37.2 Conference. addressed to Ma gistrate Judge Barbara C. Moses from Joanna C. Hendon dated September 7, 2021., 207 LETTER MOTION for Conference. addressed to Magistrate Judge Barbara C. Moses from Cassandra M. Vogel dated September 14, 2021. For the reasons discussed on the reco rd during today's conference, it is hereby ORDERED that: Letter-Motion at Dkt. No. 189. Because the issues raised by defendants' letter-motion at Dkt. No. 189 overlap substantially with the issues adjudicated in the Court's Order, issued earlier today, at Dkt. No. 228, the letter-motion is administratively DENIED, without prejudice to refiling as to any issues that were not resolved by today's Order. Letter-Motions at Dkt Nos. 204, 211, and 219. These letter-motions are sub judice. Should the parties resolve or narrow any of the disputes raised therein they shall promptly so inform the Court by letter. Within two weeks of today's date defendants shall produce Petal's GeneralLedger to the extent agreed in defendants' June 26, 2021 letter. And as set forth herein. The Court will consider extensions to the discovery and pretrialschedule at the next status conference. In the meantime, party depositions may and should commence as scheduled on and af ter October 10, 2021. Judge Moses will conduct an in-person status conference on November 9, 2021, at 9:30 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. In advance of the conference, and no later than Novem ber 5, 2021, the parties shall file a joint status letter, updating the Court as to what issues have been resolved, what issues remain outstanding, what depositions have been taken, what depositions have been scheduled but not taken, and what if any changes they seek to the discovery and pretrial schedule. The Clerk of Court is respectfully directed to close Dkt. No. 189, as well as Dkt. No. 207 (which is erroneously docketed as a letter-motion but is in fact a response to the letter-motion at Dkt. No. 204). And as set forth herein. SO ORDERED. ( Status Conference set for 11/9/2021 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.;. (Signed by Magistrate Judge Barbara C. Moses on 10/06/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

10/6/21

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.

For the reasons discussed on the record during today's conference, it is hereby ORDERED
that:
1. Letter-Motion at Dkt. No. 189. Because the issues raised by defendants' lettermotion at Dkt. No. 189 overlap substantially with the issues adjudicated in the
Court’s Order, issued earlier today, at Dkt. No. 228, the letter-motion is
administratively DENIED, without prejudice to refiling as to any issues that were
not resolved by today's Order.
2. Letter-Motions at Dkt Nos. 204, 211, and 219. These letter-motions are sub judice.
Should the parties resolve or narrow any of the disputes raised therein they shall
promptly so inform the Court by letter.
3. Status Letter at Dkt. No. 220.
a. Within two weeks of today's date defendants shall produce Petal's General
Ledger to the extent agreed in defendants' June 26, 2021 letter.
b. Within two weeks of today's date defendants shall produce all documents
"provided to the lenders in connection with" the debt transactions identified
in ¶ 3 of the Court's Order dated July 1, 2021 (Dkt. No. 160), which was not
limited to documents provided in connection with final deal pricing.
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c. The Court is unable to rule on plaintiff's general complaint that there are
"gaps" in defendants' production. Should plaintiff's concerns solidify
further, plaintiff may seek relief by letter-motion.
d. The parties have resolved their dispute concerning the non-privilege
redactions to documents produced by plaintiff.
4. Pretrial Schedule. The Court will consider extensions to the discovery and pretrial
schedule at the next status conference. In the meantime, party depositions may and
should commence as scheduled on and after October 10, 2021.
5. Status Conference. Judge Moses will conduct an in-person status conference on
November 9, 2021, at 9:30 a.m. in Courtroom 20A of the Daniel Patrick Moynihan
United States Courthouse. In advance of the conference, and no later than
November 5, 2021, the parties shall file a joint status letter, updating the Court as
to what issues have been resolved, what issues remain outstanding, what
depositions have been taken, what depositions have been scheduled but not taken,
and what if any changes they seek to the discovery and pretrial schedule.
The Clerk of Court is respectfully directed to close Dkt. No. 189, as well as Dkt. No. 207
(which is erroneously docketed as a letter-motion but is in fact a response to the letter-motion at
Dkt. No. 204).
Dated: New York, New York
October 6, 2021

SO ORDERED.
________________________________
BARBARA MOSES
United States Magistrate Judge

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