Dalewitz v. JusLaw LLC et al

Filing 34

ORDER granting in part and denying in part 32 Letter Motion for Discovery Following a telephone conference with the parties, and for the reasons stated on the record, it is hereby Ordered that Plaintiffs September 20, 2024 Letter Motion (ECF No. 32) is GRANTED IN PART and DENIED IN PART as follows: 1. Defendants shall produce responsive documents in native format. If any responsive documents are not available in native format, Defendants shall provide a witness, pursuant to Rule 30(b)(6) o f the Federal Rules of Civil Procedure, as to why such documents are not available. 2. Given Defendants' counsels representation that documents have been produced as they are kept in the usual course of business, see Fed. R. Civ. P. 34(b)(2)(E)( i), Defendants are not required to organize and label them to correspond to the categories in Plaintiff's requests. However, Plaintiff may ask questions regarding this issue during depositions. 3. Defendants shall produce a categorical privilege log regarding communications made prior to the filing of this lawsuit that have been withheld on privilege grounds. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/24/2024) (jca)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 9/24/2024 Michael Dalewitz, Plaintiff, -against- 1:24-cv-00457 (AT) (SDA) ORDER JusLaw LLC et al., Defendants. STEWART D. AARON, United States Magistrate Judge: Following a telephone conference with the parties, and for the reasons stated on the record, it is hereby Ordered that Plaintiff’s September 20, 2024 Letter Motion (ECF No. 32) is GRANTED IN PART and DENIED IN PART as follows: 1. Defendants shall produce responsive documents in native format. If any responsive documents are not available in native format, Defendants shall provide a witness, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, as to why such documents are not available. 2. Given Defendants’ counsel’s representation that documents have been produced as they are kept in the usual course of business, see Fed. R. Civ. P. 34(b)(2)(E)(i), Defendants are not required to organize and label them to correspond to the categories in Plaintiff’s requests. However, Plaintiff may ask questions regarding this issue during depositions. 3. Defendants shall produce a categorical privilege log regarding communications made prior to the filing of this lawsuit that have been withheld on privilege grounds. SO ORDERED. Dated: New York, New York September 24, 2024 ______________________________ STEWART D. AARON United States Magistrate Judge 2

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