The Jade Farm LLC v. Mirahangiry et al

Filing 81

ORDER: For the reasons discussed during today's discovery conference, it is hereby ORDERED that: Defendants' motion for discovery sanctions (Dkt. 76) is DENIED. Plaintiff's motion for discovery sanctions (Dkt. 71) is GR ANTED IN PART, to the extent set forth in this order. The Court will hold a status conference on May 17, 2023, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan Courthouse. ( Fact Discovery due by 6/2/2023.), ( Status Conference set for 5/17/2023 at 10:00 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 3/2/2023) (ate)

Case 1:22-cv-03128-VEC-BCM Document 81 Filed 03/02/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
03/02/2023

THE JADE FARM LLC,
Plaintiff,
-against-

22-CV-3128 (VEC) (BCM)
ORDER

DARA MIRAHANGIRY, et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
For the reasons discussed during today's discovery conference, it is hereby ORDERED
that:
1.

Defendants' motion for discovery sanctions (Dkt. 76) is DENIED.

2.

Plaintiff's motion for discovery sanctions (Dkt. 71) is GRANTED IN PART, to the extent
set forth below.

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a.

Counsel shall promptly meet and confer in good faith to select a neutral forensic
technical expert (the Expert) to search defendants' electronically stored
information (ESI) in accordance with this Order. If the parties cannot come to an
agreement on an Expert, they shall promptly (no later than March 9, 2023) submit
a joint letter, in which each party identifies up to three potential experts, together
with their qualifications and the estimated cost of engaging them.

b.

The Expert shall be engaged pursuant to a written engagement agreement, to be
negotiated in good faith among counsel and the Expert, that adequately protects
defendants' confidential and/or personal information, as well as any privileged
communications, against improper disclosure or misuse.

c.

Once the Expert is engaged, individual defendants Dara Mirihangiry, Ivi Shano,
Mario Constantini, and George Karavias (the Individual Defendants) shall
promptly turn over to the Expert (i) all devices (e.g., cellphones, iPads, laptops,
desktops) used by them to conduct business for 200 MB Corp. d/b/a Sei Less
and/or Dream Hospitality Group LLC (the Corporate Defendants),1 and (ii) all
account credentials (e.g., usernames and passwords) necessary to access the
email, messaging, and social media accounts used by them to conduct business for
the Corporate Defendants. The Individual Defendants shall not delete or alter the
contents of their relevant devices and accounts prior to turning them over to the
Expert.

So as not to unduly inconvenience defendants, the Expert shall, if feasible, image the devices'
hard drives and promptly return the devices themselves to their owners.

Case 1:22-cv-03128-VEC-BCM Document 81 Filed 03/02/23 Page 2 of 2

d.

The Expert shall search the devices and accounts using the search term "Jue Lan"
and any other search terms agreed to by counsel after meeting and conferring in
good faith as to such terms.

e.

The Expert's ESI search shall cover the time period of September 1, 2021 through
the present.

f.

Production of responsive documents and data shall be made in accordance with
the parties' ESI Protocol (Dkt. 42) or such other protocol as they shall agree upon
for this purpose.

g.

Pending further order of the Court, plaintiff and defendants shall share the costs of
the Expert on a 50/50 basis.

h.

Once the ESI searches are complete and responsive documents are produced,
plaintiff may reopen the depositions of the Individual Defendants for a maximum
of three hours for each. If, as a result of the ESI search, a different allocation of
time appears to be appropriate, the parties may so agree among themselves, or (if
they cannot agree) may make an application to the Court.

3.

The deadline to complete fact discovery is EXTENDED to June 2, 2023, for the limited
purposes of conducting the discovery set forth above.

4.

The Court will hold a status conference on May 17, 2023, at 10:00 a.m., in Courtroom
20A of the Daniel Patrick Moynihan Courthouse. No later than May 10, 2023, the parties
shall file a joint status letter updating the Court on the progress of the discovery set forth
above.

5.

The Court defers decision on plaintiff's request for fees and costs pursuant to
Rule 37(b)(2)(C) until the discovery authorized by this Order is complete.

Dated: New York, New York
March 2, 2023

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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