Spectrum Dynamics Medical Limited v. General Electric Company et al

Filing 721

ORDER denying 709 Letter Motion to Adjourn Conference. The application to adjourn the conference scheduled on July 26, 2023 is DENIED. Lead counsel for Defendants is excused from attending the conference. Pursuant to my Individu al Rules, junior members of legal teams representing clients are invited to address the Court at case management conferences such as the one scheduled on July 26, 2023, and firms are encouraged to provide this opportunity to junior attorneys fo r training purposes. See https://www.nysd.uscourts.gov/hon-katharine-h-parker. To be clear, the case management conference on July 26, 2023 is not intended to be an oral argument or hearing on any motion. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/18/2023) (vfr)

Case 1:18-cv-11386-VSB-KHP Document 721 Filed 07/18/23 Page 1 of 2

July 13, 2023

7/18/2023

VIA ECF
Hon. Katharine H. Parker
United States Magistrate Judge, Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 750
New York, New York 10007
Re: Spectrum Dynamics Medical Limited v. General Electric Company, et al.,
Case No.: 18-cv-11386 (VSB)
Dear Judge Parker:
We represent Defendants in the above-captioned matter. We write to request an
adjournment of the case management conference presently scheduled for July 26, 2023 (see Doc.
684 at 3) and to have that conference re-scheduled and merged with the case management
conference scheduled for August 22, 2023.
The Court scheduled the July 26, 2023 conference in connection with setting a briefing
schedule for Defendants’ motion to pierce privilege based on the crime-fraud exception. (See id.
at 2.) Plaintiff has also filed a motion to pierce privilege. (See Doc. 670.) The issues and legal
principles raised by both motions are substantially the same, but Defendants’ motion will not be
fully briefed until August 18, 2023 (see Doc. 684 at 2). Moreover, the parties do not presently have
any other pending discovery issues. Therefore, Defendants respectfully submit that it would be
more efficient for the Court to address both motions at one time, and the already-scheduled August
22, 2023 conference provides that opportunity.
Further, Defendants’ lead counsel is unavailable to attend the July 26, 2023 conference due
to a longstanding conflict. Because the discussions with Plaintiff’s counsel regarding the issues
relevant to these two motions were handled by other members of Defendants’ legal team,
Defendants expect that those members of the legal team will argue the pending motions. However,
given the serious accusations raised in Plaintiff’s motion (i.e., accusing Defendants of criminal
fraud against the U.S. government), lead counsel would like to attend any hearing on that motion.
Plaintiff does not consent to this request.
This is Defendants’ first request for this relief. The proposed adjournment will not affect
any other scheduled conferences or deadlines.
We appreciate Your Honor’s continued attention to this matter.

[e-mail] Fax: [phone] Phone: [phone]

Case 1:18-cv-11386-VSB-KHP Document 721 Filed 07/18/23 Page 2 of 2

Page 2

Respectfully,
THOMPSON HINE LLP
/s/Marla R. Butler
Marla R. Butler
Two Alliance Center
3560 Lenox Road NE, Suite 1600
Atlanta, Georgia 30326
Tel.: [phone]
Fax: [phone]
[e-mail]

The application to adjourn the conference scheduled on July 26,
2023 is DENIED. Lead counsel for Defendants is excused from
attending the conference. Pursuant to my Individual Rules, junior
members of legal teams representing clients are invited to address
the Court at case management conferences such as the one
scheduled on July 26, 2023, and firms are encouraged to provide this
opportunity to junior attorneys for training purposes. See https://
www.nysd.uscourts.gov/hon-katharine-h-parker. To be clear, the
case management conference on July 26, 2023 is not intended to be
an oral argument or hearing on any motion.

Jesse Jenike-Godshalk (pro hac vice)
312 Walnut Street, Suite 2000
Cincinnati, Ohio 45202
Tel.: [phone]
Fax: [phone]
[e-mail]
Jeffrey Metzcar (pro hac vice)
Discovery Place
10050 Innovation Drive
Miamisburg, Ohio 45342
Tel. [phone]
Fax [phone]
[e-mail]
Brian Lanciault
300 Madison Avenue, 27th Floor
New York, New York 10017
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants
General Electric Company, GE Healthcare,
Inc., and GE Medical Systems Israel Ltd.

7/18/2023