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Prop. Damage Prod. Liability | New Jersey
Text Order
TEXT ORDER: The Court has reviewed Third-Party Defendants Ameream LLC and Ameream Management, LLC's ("Ameream") and Defendant Chromalox, Inc.'s ("Chromalox") dispute letter at Dkt. No. 200. The dispute between these parties focuses on the following: "whether Ameream is required to search for and produce responsive WhatsApp communications involving Daniel Ghermezian, Don Ghermezian, and Eskander Ghermezian (collectively, ["the Ghermezians"])." Dkt. No. 200 at 1. The dispute letter raises a threshold question that is insufficiently addressed and prevents the Court from addressing the merits of this dispute. That is, the Court notes that none of the Ghermezians are named parties to this litigation. However, the proper status of each of the Ghermezians that Chromalox requests WhatsApp text messages from is unclear--i.e., whether they are non-parties subject to the legal standards regarding Federal Rule of Civil Procedure 45, or whether they are high level executives subject to the principles of the "apex doctrine." See Ford Motor Co. v. Edgewood Props., Inc., No. 06-cv-1278, 2011 WL 2517133, at *3 (D.N.J. June 23, 2011). The parties argue these points in passing despite their importance. Thus, Chromalox's dispute, raised within the letter at Dkt. No. 200 , is DENIED WITHOUT PREJUDICE. To the extent that Chromalox wishes to renew its request, the Court will allow it to file a motion to compel discovery based on the following schedule: the opening motion shall be filed by August 5, 2026; opposition by August 19, 2026; and reply by August 26, 2026. So Ordered by Magistrate Judge Jose R. Almonte on 7/21/2026. (wh)
Letter
Letter from Joint Letter from defendant and third-party plaintiff Chromalox, Inc. and third-party defendants Ameream LLC and Ameream Management LLC addressed to Hon. Jos R. Almonte, U.S.M.J. re 199 Text Order,,,, Terminate Hearings,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(YAMMINE, REYMOND)
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