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Order | Filed: February 08, 2023 Roberts v. BroadwayHD LLC et al
Copyright | New York Southern
ORDER denying as moot 195 Motion to Strike Document. Having thoroughly considered the parties' written submissions and oral arguments, the Court rules as follows: All parties agree that fact discovery is complete as to Amazon Digi tal Services and the Broadway Defendants. The Court also accepts Mr. Brandwen's averment that he has produced all responsive documents, (Dkt. #234, 236), though if Plaintiff believes Mr. Brandwen to be withholding documents, he may seek to q uestion Mr. Brandwen under oath. And the Court directs those parties who have withheld materials from production on the basis of privilege to provide their privilege logs on or before February 21, 2023. Limited additional discovery from Sony is warranted. As discussed at the conference, the Court accepts Sony's representation that it is diligently working to obtain discoverable material from the custodians most likely to have documents that relate to the 2000 recording of Smokey Joe's Cafe. Sony shall complete that review and produce any new responsive materials that come to light on or before February 28, 2023. The Court will not, however, order Sony to turn over documentation regarding (i) all licenses Sony h as granted for songs in the L&S catalogue, or (ii) Sony's due diligence review leading up to its acquisition of the L&S catalogue. The impracticability and burden of conducting these reviews would be vastly disproportionate to the needs of th e case. The more relevant information is to the resolution of a matter, the less likely the production of that information is to be found unduly burdensome. See Vaigasi v. Solow Mgm't Corp., No. 11 Civ. 5088 (HBP), 2016 WL 616386, *14 (S.D.N. Y. Feb. 16, 2016). Here, the relevance of the information sought is minimal and the burden of identifying it is weighty. Rather than target his requests to information directly related to his work, Plaintiff seeks nearly unlimited access to years o f records involving many songs in which he had no involvement whatsoever. And although these records may have some value as to the willfulness of Defendants' actions, any such value would be limited. Sony has already produced thousands of doc uments to Plaintiff; it need not conduct these additional requested searches to fulfill its disclosure obligations. For the same reasons, no additional discovery on these topics is required from the L&S Defendants. With the discovery disputes resolved, the Court turns to the other outstanding issues in this matter. First, based on the parties' representations at the conference, Plaintiff's motion to strike certain affirmative defenses is DENIED as moot. The Clerk of Court is directed to terminate the motion at docket entry 195. Additionally, the Court understands that the parties would like to explore the possibility of resolving this matter without further litigation. Concurrently with this Order, the Court will issue a referral for a settlement conference before Magistrate Judge Lehrburger. The parties should promptly reach out to Judge Lehrburger to schedule that conference to take place in March 2023. The expert discovery deadline is tolled from the d ate of this Order through the date of that conference. The referral does not, however, toll the remaining fact discovery deadlines, including those deadlines agreed upon by the parties. The Court expects that the parties will complete fact discove ry cooperatively and efficiently. Within three days of the settlement conference, the parties shall file a joint status letter informing the Court whether they reached a settlement in principle. If the parties fail to reach a settlement, the Cou rt will promptly set a briefing schedule for Defendants' anticipated motions for summary judgment. Because of the Court's familiarity with the legal and factual issues in this case, it will dispense of its usual pre-motion submission requirement. See Individual Rule of Practice in Civil Cases 4.A. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/8/2023) (vfr)
Notice | Filed: February 08, 2023 | Entered: February 08, 2023 IPURUSA, LLC v. THE BANK OF NEW YORK MELLON CORPORATION et al
Copyright | New Jersey
Notice of Pro Hac Vice counsel added
Pro Hac Vice counsel, ANDREW S. FRAKER, BRADLEY F. RADEMAKER and TANVI PATEL, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (qa, )
Misc | Filed: February 08, 2023 | Entered: February 08, 2023 Karma Automotive LLC v. Lordstown Motors Corp. et al
Defend Trade Secrets Act (of 2016) | California Central
Joint Request to Conduct Feb. 27, 2023 Hearing Remotely filed by Defendants Steve Burns, Roger J. Durre, Hong Xin Huan, Dan Zhihong Huang, Christopher Kim, John Lefleur, Lordstown Motors Corp., Darren Post, Steven Punak, Punak Engineering, Inc, Bei Qin, Rich Schmidt (Attachments: # 1 Proposed Order)(Lucchesi, Thomas)
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