Petroni v. DuBois

Opinion

UNITED STATES DISTRICT COURT oe ge per □□□ □□□ SOUTHERN DISTRICT OF NEW YORK □□ 4 ae ee □□ □□□□

PETRONI, (pease 8/1/2020 Plaintill MEMORANDUM AND - against - ORDER 19 Civ, 3823 (NSR)(PED}

BLUSTEIN SHAPIRO RICH & . BARONE LLP, ET AL., Defendants. PAUL E. DAVISON, U.S.M.J.: Plaintiff objects to defendants’ withholding, on attorney-client privilege grounds, 47 documents which defendants have duly described on a privilege log. [Dkt. 21.] Defendants filed

a letter-brief defending their invocation of privilege [Dkt. 22], and the Court heard argument on July 23, 2020, At that hearing, the Court denied without prejudice plaintiffs motion for disclosure of the 47 documents pursuant to the crime-fraud exception, but reserved decision regarding application of the “fiduciary exception” pending in camera review of the 47 documents in accordance with NAMA Holdings, LLC y. Greenberg Traurig LLP, 133 A.D.3d 46 (1" Dept. 2015). Familiarity with the record is assumed. The Court has completed in camera review of the 47 documents, Based on that review, the Court concludes that the following documents either 1) are not privileged; or 2) are privileged but may be disclosed to plaintiff pursuant to the “fiduciary exception.” These documents shall be produced to plaintiff within 5 business days of this Order: 1, 6, 7, 8. 9, 12, 13, 14, 15, 21, 22, 27, 28, 34, 38, 39, 40, 44, 45, 47.'

'Document numbers correspond to defendants’ privilege log [Dkt. 21-1 .]

Defendants’ objection to producing the remaining documents described on the privilege log is SUSTAINED. Dated: August 7, 2020 White Plains, New York cent a ~ SO ORDBRED _.—

PaulE“Davison, U.S.M.J. ~