United States District Court, Southern District of New York
April 18, 2003
OSRECOVERY, INC., PLAINTIFF,
ONE GROUPE INTERNATIONAL, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge
By letter dated April 16, 2003, counsel for defendants Pinnacle Dynamics, LLC (d/b/a Fastgold), Gaithmans Gold Nathan, International Negotiations Team, James Shupperd, Eric Gaither and Rick Young (collectively, the "Moving Defendants") seeks reconsideration of the Court's order, dated April 15, 2003, which directed certain plaintiffs to make their computer hard drives available to plaintiffs and their experts.
In view of the fact that the failure of these defendants to respond to the plaintiffs' application that culminated in the April 15, 2003 order appears not to have been deliberate, the Court grants the application for reconsideration. On reconsideration, however, the Court adheres to its April 15, 2003 order notwithstanding the belated arguments of the Moving Defendants.
The crux of the Moving Defendants' position seems to be that plaintiffs are imposing burdensome discovery demands and seeking access to confidential information for the purpose of driving them out of business. The Court, however, is unable to perceive how making their hard drives available so that plaintiffs can make images of them would be burdensome, and the Moving Defendants have made no such showing apart from overheated rhetoric. Nor can the Court understand the concerns about confidentiality, which might be reasonable enough in another context, in view of the elaborate confidentiality order dated February 25, 2003, which the Court entered to eliminate just such difficulties.
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