Minutes | Filed: December 01, 2023
| Entered: December 01, 2023
Securities and Exchange Commission v. Xia et al
Securities/Commodities | New York Eastern
Motion Hearing Order on Motion for Extension of Time to Complete Discovery Order on Motion to Compel ~Util - Set Deadlines/Hearings
Minute Entry and Order: An in-person hearing was held on December 1, 2023 before Magistrate Judge Joseph A. Marutollo on SEC's Motion to Compel Discovery from Relief Defendant Verfenstein and Non-Parties Racanelli Construction Group, Inc. and Perini Group, Inc. 346 . For the reasons stated at the hearing, the SEC's motion is granted, as follows
By December 22, 2023, Racanelli and Perini are each directed to provide the SEC with an affidavit from a corporate representative with personal knowledge, stating the following:
1. The location(s), file(s), computer(s), mobile device(s), and email address(es) and servers where Racanelli and Perini have maintained responsive documents and communications;
2. The steps Racanelli and Perini have taken to preserve responsive documents and communications at the location(s), file(s), computer(s), mobile device(s), and email address(es) and servers where they have been maintained;
3. The location(s), file(s), computer(s), mobile device(s), and email address(es) and servers where Racanelli and Perini conducted searches for responsive documents and communications;
4. A description of how Racanelli and Perini conducted searches for responsive documents and communications, including any search terms, date ranges, or other limitations;
5. A description of any responsive documents that are no longer in Racanelli's and Perini's possession, custody, and control; and the date(s) on which those documents left Racanelli's and Perini's possession, custody, and control; and
6. The person(s) involved in the efforts to search for responsive documents and communications, including their role(s) in those efforts and the time frame during which they were involved.
Racanelli and Perini are further ordered to produce all additional documents responsive to the SEC's requests by January 22, 2024.
By January 22, 2024, Relief Defendant Verfenstein is ordered to produce to the SEC her personal federal and state tax returns and all attachments and schedules thereto for the years 2011 to 2021.
In accordance with the Amended Case Management Order dated October 20, 2023 352 , fact discovery will close on February 12, 2024. All other deadlines in the Amended Case Management Order remain intact. In light of this order, the Joint Motion for Extension of Time to Complete Discovery 323 is denied as moot. (FTR Log #2:59-3:40.) (KAR)