Order | Filed: September 25, 2026
| Entered: September 25, 2026
Metaxas et al v. Graubard et al
Contract: Other | New York Eastern
Order on Motion for Discovery Status Report Order
ORDER re 228 & 233 -- The Court has read the parties' 228 Joint Status Report and makes the following rulings:
(1) Defendant Seddio is ordered to provide his devices to a forensic vendor by October 9, 2026 to complete the ESI searches under the supervision of carrier-appointed counsel and to promptly produce to Plaintiffs (a) the responsive non-privileged portions of the forensic vendor's report and forensic image of the devices and (b) a corresponding privilege log if portions are withheld on the basis of privilege;
(2) Defendant Seddio is ordered to make a supplemental request to AT&T for call records by October 9, 2026 and to produce the returns within one week of receipt;
(3) Defendant Seddio is ordered to either obtain subpoena compliance from his per diem attorneys or submit to the Court by October 9, 2026 subpoenas duces tecum to be so ordered;
(4) The Court denies Plaintiffs' request for sanctions against Defendant Seddio without prejudice to request permission to file a sanctions motion if Seddio does not comply with these discovery obligations;
(5) Defendant Rubin is ordered to produce the transmittal email between himself, Defendant Seddio, and Defendant Sprei demanding withdrawal of his affirmation in the State Court Action, along with metadata and Bates stamps. If Defendant Rubin believes there is a valid privilege designation over this communication, he may file a motion for a protective order and submit these documents for in camera review by October 9, 2026 and the Court will make a determination. Additionally, if any Defendant believes there is a joint defense privilege over this communication, they may join in Defendant Rubins motion.
(6) Regarding Plaintiffs' responses to Defendant Rubin's RFP No. 1, Plaintiffs may not rely on a blanket privilege claim without first searching for documents and providing a privilege log. Parties are directed to meet and confer to determine the proper scope of this request and, if the parties cannot come to an agreement, they may file the appropriate motion to compel or motion for a protective order by October 9, 2026.
(7) Regarding Plaintiffs' responses to Defendant Rubin's other discovery requests, the parties are directed to meet and confer on these disputes. If the parties cannot resolve these disputes, they may file the appropriate motion to compel or motion for a protective order by October 9, 2026.
(8) If any party intends to take a 30(b)(6) deposition, they are directed to notice the deposition(s) by October 9, 2026. The time to complete depositions is extended to October 30, 2026.
(9) The Court denies Defendant Frankl's request for a stay. His deadline to serve his initial written discovery requests is held in abeyance until the resolution of the anticipated motions to dismiss. However, the Court does not stay his obligations to respond to discovery demands from other parties in this litigation.
(10) The Court denies the parties' request to set a briefing schedule for 56.1 statements or Motions for Summary Judgment. If the parties would like a briefing schedule set, they shall make the request to the District Judge according to his Individual Rules and Practices.
(11) The parties shall submit a concise joint status report by October 30, 2026. If the parties wish to raise any disputes in the letter, each parties' position is limited to two pages. Ordered by Magistrate Judge Peggy Cross-Goldenberg on 9/25/2026. (JST)