Zuckerman v. GW Acquisition LLC et al

Filing 68

ORDER: WHEREAS on April 27, 2021, the parties appeared for a status conference to resolve a discovery dispute about ESI search terms; IT IS HEREBY ORDERED that by no later than Wednesday, May 19, 2021, Defendants must file a letter addressing the fol lowing: as set forth herein. IT IS FURTHER ORDERED that the fact discovery deadline is adjourned to Thursday, September 30, 2021. The pretrial conference currently scheduled for July 2, 2021 is hereby adjourned to Friday, October 8, 2021, at 9:30 A. M. Pre-conference submissions are due no later than Thursday, September 30, 2021. For the content of the pre-conference submissions, the parties should consult paragraph 10 of their case management plan at docket entry 38. The expert discovery dea dline is adjourned to Friday, November 19, 2021. IT IS FURTHER ORDERED that the parties may skip their monthly joint status update for the month of May. The next monthly status report is due no later than Tuesday, June 1, 2021. See Order, Dkt. 57 at 2. SO ORDERED., ( Expert Discovery due by 11/19/2021., Fact Discovery due by 9/30/2021., Pretrial Conference set for 10/8/2021 at 09:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/27/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ARIEL ZUCKERMAN,
:
Plaintiff,
:
:
-against:
:
GW ACQUISITION LLC D/B/A G&W
:
INDUSTRIES, MICHAEL MARINOFF, IN HIS :
INDIVIDUAL AND PROFESSIONAL
:
CAPACITIES, AND ALBERT MALEH, IN HIS :
INDIVIDUAL AND PROFESSIONAL
:
CAPACITIES.,
:
:
Defendants. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 4/27/2021

20-CV-8742 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on April 27, 2021, the parties appeared for a status conference to resolve a
discovery dispute about ESI search terms;
IT IS HEREBY ORDERED that by no later than Wednesday, May 19, 2021, Defendants
must file a letter addressing the following:
1. How much it would cost to place (either through extraction, duplication, or some other
means) the full contents of the two custodians’ email accounts into a centralized location?
Defendants should provide the proposed costs of such centralization for two time periods:
June 1, 2013 – October 1, 2018 and October 1, 2018 – August 10, 2020. While the
method used to consolidate Plaintiff’s emails may not be preferred or cost effective when
applied with respect to Defendants’ emails, the Court does note that Defendants were
able to aggregate all of Plaintiff’s emails into a centralized series of searchable files.
2. Were the contents of the two custodians’ email accounts to be centralized, how much
does the Defendants’ e-discovery vendor estimate it would it cost to run hit reports and

the searches themselves? Were the emails to remain with the various vendors and not to
be centralized, how much does the Defendants’ e-discovery vendor estimate it would cost
to run hit reports and searches? Defendants should compile enough data for the Court to
be able to discern the approximate difference in cost between running the searches
Defendants are proposing and running the searches Plaintiff is proposing. If there are
significant differences in costs between running searches for the period June 1, 2013 –
October 1, 2018 and the period October 1, 2018 – August 10, 2020, the letter should
explain that and should quantify the difference.
IT IS FURTHER ORDERED that by no later than Friday, May 21, 2021, armed with
this additional cost information, the parties must inform the Court whether they have been able to
agree on a list of ESI search terms. If the parties are unable to agree upon a list of search terms,
by the same date, the parties must file a joint letter listing the disputed search terms. The Court
reminds Plaintiff that any proposed list must be reasonable and that the Court may require
Plaintiff to pay for a portion of the costs associated with searches that the Court finds to be not
proportional to the needs of the case.
IT IS FURTHER ORDERED that the fact discovery deadline is adjourned to Thursday,
September 30, 2021. The pretrial conference currently scheduled for July 2, 2021 is hereby
adjourned to Friday, October 8, 2021, at 9:30 A.M. Pre-conference submissions are due no
later than Thursday, September 30, 2021. For the content of the pre-conference submissions,
the parties should consult paragraph 10 of their case management plan at docket entry 38. The
expert discovery deadline is adjourned to Friday, November 19, 2021.
IT IS FURTHER ORDERED that the parties may skip their monthly joint status update
for the month of May. The next monthly status report is due no later than Tuesday, June 1,
2021. See Order, Dkt. 57 at 2.
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SO ORDERED.
________________________
VALERIE CAPRONI
United States District Judge

Date: April 27, 2021
New York, New York

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