SKAT v. Acorn Capital Corporation Employee Profit Sharing Plan et al

Filing 138

ORDER granting (639) Letter Motion to Compel in case 1:18-md-02865-LAK-RWL; granting (135) Letter Motion to Compel in case 1:18-cv-10088-LAK. Plaintiff's letter motion to compel defendant Summers and each of his plans to comply with his or i ts discovery obligations (Dkt 639) is granted in all respects. Without limiting the generality of the foregoing, (a) On or before July 19, 2021, defendant Summers and each of his plans shall produce all documents within the possession, custody or co ntrol of each of them that are responsive to plaintiff's November 2018 document request, including responsive documents from the so-called Chartwell hard drive. As stated in plaintiff's motion, no corporation or other legal entity may re fuse to produce documents on Fifth Amendment grounds. (b) Defendant Summers shall appear for and testify at his deposition on July 26, 2021. He shall answer all questions put to him. The witness shall not be directed or advised not to answer any question except as permitted by Fed. R. Civ. P. 30(c)(2). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/16/21) Filed In Associated Cases: 1:18-md-02865-LAK-RWL, 1:18-cv-10088-LAK (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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In re
CUSTOMS AND TAX ADMINISTRATION OF THE
KINGDOM OF DENMARK (SKAT) TAX REFUND
LITIGATION

18-md-2865 (LAK)

This paper applies to:
18-cv-10088 (LAK)
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PRETRIAL ORDER NO. 27
(SKAT Motion to Compel)
LEWIS A. KAPLAN, District Judge.
Plaintiff’s letter motion to compel defendant Summers and each of his plans1 to
comply with his or its discovery obligations (Dkt 639) is granted in all respects. Without limiting
the generality of the foregoing,
(a)
On or before July 19, 2021, defendant Summers and each of his plans shall
produce all documents within the possession, custody or control of each of them that are responsive
to plaintiff’s November 2018 document request, including responsive documents from the so-called
Chartwell hard drive. As stated in plaintiff’s motion, no corporation or other legal entity may refuse
to produce documents on Fifth Amendment grounds.
(b)
Defendant Summers shall appear for and testify at his deposition on July 26,
2021. He shall answer all questions put to him. The witness shall not be directed or advised not
to answer any question except as permitted by Fed. R. Civ. P. 30(c)(2).
SO ORDERED.
Dated:

July 16, 2021
/s/
Lewis A. Kaplan
____________________________________________
Lewis A. Kaplan
United States District Judge

1

These are defendants Acorn Capital Corporation Employee Profit Sharing Plan and Acorn
Capital Strategies, LLC Employee Pension Profit Sharing Plan and Trust.