Order | Filed: July 30, 2026
| Entered: July 30, 2026
MOONBEAM CAPITAL INVESTMENTS LLC et al v. PITTSBURGH COMMUNITY BROADCASTING CORPORATION et al
Assault Libel & Slander | Pennsylvania Western
Order
On 7/30/2026, the Court held a discovery dispute conference regarding five discovery requests that Defendants PG PUBLISHING COMPANY, D/B/A THE PITTSBURGH POST-GAZETTE, NEENA HAGEN, and MICHAEL KORSH (collectively, "the Post-Gazette Defendants") seek from Plaintiffs MOONBEAM CAPITAL INVESTMENTS ("MCI") and STEVEN V. MAKSIN. Under the Federal Rules of Civil Procedure, discovery is limited to "any nonprivileged matter that is relevant to a party's claim or defense and proportional to the needs of the case." Fed. R. Civ. P. 26(b). "Generally, rulings regarding the proper scope of discovery, and the extent to which discovery may be compelled, are matters consigned to the court's discretion and judgment." Miller v. McGinley, No. 1:20-CV-2270, 2022 WL 212709, at *2 (M.D. Pa. Jan. 24, 2022) (citing Wisniewski v. Johns-Manville Corp., 812 F.2d 81, 90 (3d Cir. 1987) ("The conduct of discovery is a matter for the discretion of the court.")). The Court will consider each of the five disputed requests in turn. First, the Post-Gazette Defendants seek discovery of the identity of all individuals who used the email domain name mlgpllc.com" and who are not exclusively employees of the Maksin legal group. The Post-Gazette Defendants aver that both employees of Century III Mall PA, LLC and employees of MCI use the same "mlgpll.com" email domain and that this cross-use demonstrates how Plaintiffs blurred or ignored distinctions between MCI and other corporate entities. Plaintiffs contend that this information, which goes back 16 years, would be unduly burdensome to provide. The Court finds in its discretion that the information regarding the individuals who used the "mlgpllc.com" email domain is relevant and that requiring Plaintiffs to produce this information would not be unduly burdensome. Accordingly, IT IS HEREBY ORDERED that Plaintiffs shall produce to the Post-Gazette Defendants the identity of all individuals who used the email domain name "mlgpllc.com" and who are not exclusively employees of the Maksin legal group. Second, the Post-Gazette Defendants seek discovery of the corporate structure and ownership chain of each of the 19 malls that MCI has purchased across the country from 2011 through the present. The Post-Gazette Defendants contend that information will demonstrate that MCI "used substantially the same playbook for these properties when it came to purchasing them, selling them, and, in some cases, taking them into bankruptcy." Plaintiffs argue that the ownership structure of any mall besides the Century III Mall is irrelevant to this case because Plaintiffs' claims are based solely on Defendants' statements regarding the ownership of the Century III Mall. Plaintiffs further argue that they have produced information regarding MCI's acquisition and ownership of malls from 2018 through the present, but not regarding its acquisition and ownership of malls from 2011 through 2018. The Court finds that information regarding the ownership structure of the 19 malls is relevant to this case, because Plaintiffs allege in the 53 Second Amended Complaint that the Post-Gazette Defendants falsely reported that MCI "amassed a portfolio of malls across the country, including Century III, then left a trail of unpaid taxes and empty decaying buildings." The Court also notes that, during the discovery dispute conference, the Post-Gazette Defendants agreed to accept documents sufficient to show the corporate structure and ownership chain of the 19 malls MCI purchased from 2011 through the present. With this limitation in mind, the Court finds in its discretion that requiring Plaintiffs produce the requested information would not be unduly burdensome. Accordingly, IT IS HEREBY ORDERED that Plaintiffs shall produce to the Post-Gazette Defendants documents sufficient to show the corporate structure and ownership chain of each of the 19 malls that MCI has purchased from 2011 through the present. Third, the Post-Gazette Defendants seek discovery of deposition transcripts and in-court testimony, and any associated exhibits, from Steve Maksin, Shawl Pryor, and Edward Sklyaroff in certain bankruptcy proceedings filed in the bankruptcy court for the Western District of Pennsylvania. However, during the conference, Plaintiffs represented to the Court that they have produced all documents in their possession that are responsive to this request. There is therefore no live discovery dispute requiring Court intervention with respect to this request. Fourth, the Post-Gazette Defendants seek discovery regarding the source of funds MCI used to purchase 19 malls over a three-year period (2011-2014). The Post-Gazette Defendants argue this information goes to the legitimacy of Plaintiffs' businesses, which is relevant to this case because Plaintiffs allege that Defendants' falsely portr... (truncated)