Spectrum Dynamics Medical Limited v. General Electric Company et al

Filing 667

ORDER granting 662 Letter Motion for Leave to File Excess Pages; granting in part 663 Letter Motion to Seal; terminating 664 Letter Motion for Leave to File Document; granting 666 Letter Motion for Extension of Time to File Response/Reply . Accordingly, Plaintiff shall file a formal motion and opening brief on the issue of piercing the attorney-client privilege by Monday, May 29, 2023. Defendants' opposition is due on Monday, June 26, 2023; and Plaintiff's reply is due on Monday, July 10, 2023. The opening and opposition briefs are limited to 25 pages in length, double spaced. The reply is limited to 10 pages double spaced. The parties are discouraged from filing excessive exhibits to the briefing. To the extent the parties' briefing and/or exhibits include confidential information, the parties are reminded that any motions to seal such information must be narrowly tailored to protect the confidential information. Motions seeking to file entire brie fs and exhibits under seal, rather than proposing narrow redactions, will be denied. As to the motion to seal at ECF No. 663, the Court finds that the requested sealing is in keeping with the principles of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006) and its progeny. Accordingly, the Court GRANTS the motion, except to the extent that Plaintiff seeks to file the entirety of its 20-page letter motion at ECF No. 644 under seal. Plaintiff is directed to publicly fi le a version of the letter motion that redacts the confidential information but permits the public to view the non-confidential legal arguments. Spectrum shall publicly file this document by Friday, May 26, 2023. As Plaintiff has already publicly filed the non-confidential exhibits at ECF No. 665, it is not required to re-file any exhibits. The Clerk of the Court is respectfully requested to terminate the motions at 662, 663, 664, and 666. SO ORDERED. ( Responses due by 6/26/2023, Replies due by 7/10/2023.) (Signed by Magistrate Judge Katharine H. Parker on 5/19/2023) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

5/19/2023

SPECTRUM DYNAMICS MEDICAL
LIMITED,
ORDER

Plaintiff,

18-CV-11386 (VSB) (KHP)

-againstGENERAL ELECTRIC COMPANY et al.,
Defendants.

KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE:
On May 18, 2023, Plaintiff filed a letter motion for leave to file excess pages (ECF No.
662), a letter motion to seal (ECF No. 663), and a letter motion challenging defendants’ clawback and seeking to pierce the attorney-client privilege based on the crime-fraud exception
(ECF No. 664). On May 19, 2023, Defendants filed a letter motion for an extension of time to
respond to Plaintiff’s motion. (ECF No. 666.)
As an initial matter, the Court notes that Plaintiff’s submissions do not comply with the
Court’s Individual Rules, which state:
Any party wishing to raise a discovery dispute with the Court must first confer in good
faith with the opposing party . . . If this meet-and-confer process does not resolve the
dispute, the party may submit an ECF letter-motion . . . no longer than 3 single-space
pages, explaining the nature of the dispute and requesting a conference. . . . Any
responsive letter should be submitted within 3 business days after submission of the
letter-motion. The Court will endeavor to resolve the issue during a conference without
the need for formal briefing. However, if formal briefing is required, the Court will set a
schedule for such briefing at the conference.
Individual Practices in Civil Cases, Katharine H. Parker, 1 (emphasis added). Moreover, nothing
in the Individual Rules exempts parties from abiding by the Court’s Rules merely because the

https://www nysd.uscourts.gov/sites/default/files/practice documents/KHP%20Parker%20Individual%20Practices
%20in%20Civil%20Cases.pdf
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motion is filed under seal pursuant to a provision of the parties’ Protective Order. In the future,
the parties shall comply with the Court’s Individual Rules regarding any discovery dispute or
other letter motion that is before the undersigned.
Nevertheless, the Court finds that Plaintiff has raised a discovery dispute for which
formal briefing is necessary. Accordingly, Plaintiff shall file a formal motion and opening brief
on the issue of piercing the attorney-client privilege by Monday, May 29, 2023. Defendants’
opposition is due on Monday, June 26, 2023; and Plaintiff’s reply is due on Monday, July 10,
2023. The opening and opposition briefs are limited to 25 pages in length, double spaced. The
reply is limited to 10 pages double spaced. The parties are discouraged from filing excessive
exhibits to the briefing.
To the extent the parties’ briefing and/or exhibits include confidential information, the
parties are reminded that any motions to seal such information must be narrowly tailored to
protect the confidential information. Motions seeking to file entire briefs and exhibits under
seal, rather than proposing narrow redactions, will be denied.
As to the motion to seal at ECF No. 663, the Court finds that the requested sealing is in
keeping with the principles of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir.
2006) and its progeny. Accordingly, the Court GRANTS the motion, except to the extent that
Plaintiff seeks to file the entirety of its 20-page letter motion at ECF No. 644 under seal.
Plaintiff is directed to publicly file a version of the letter motion that redacts the confidential
information but permits the public to view the non-confidential legal arguments. Spectrum
shall publicly file this document by Friday, May 26, 2023. As Plaintiff has already publicly filed
the non-confidential exhibits at ECF No. 665, it is not required to re-file any exhibits.
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The Clerk of the Court is respectfully requested to terminate the motions at 662, 663, 664,
and 666.
SO ORDERED.
Dated:

May 19, 2023
New York, New York
KATHARINE H. PARKER
United States Magistrate Judge

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