United States District Court, S.D. New York
January 29, 2004.
TYLENA M. and LATISHA M., by their Mother DEBRA M., Plaintiff's, -against- HEARTSHARE CHILDREN's SERVICES, ELEANOR POOLE, ROSALYN CHERNOFSKY, VINCENT ADRIEN, JOHN DOE, BROOKE TRENT, CITY OF NEW YORK, Defendants
The opinion of the court was delivered by: VICTOR MARRERO, District Judge
DECISION AND ORDER
On November 20, 2003 Magistrate Judge Theodore Katz, to whom this case
was referred for supervision of pretrial proceedings, issued a ruling
rejecting as untimely the Plaintiffs' objections to the defendants'
production of discovery and invocations of privilege with respect to
documents from which certain pages were withheld. Plaintiff's filed in
this Court on December 4, 2003 Objections to the Magistrate Judge's
order. The Court, having reviewed Plaintiff's' submissions, the
defendants' Response to Plaintiff's' Rule 72 Objections, the Magistrate
Judge's Order and other documents pertaining to this dispute, affirms the
Magistrate Judge's Order. The Court is not persuaded that that ruling was
clearly erroneous or contrary to law, and therefore accords it the
substantial deference due to a magistrate judge's resolution of discovery
disputes. See Thomas E. Hoar, Inc. v. Sara Lee Corp., 900 F.2d 522, 525
(2d Cir. 1990).
The Court finds in any event: that defendants' withholding of "court
action summaries" and producing instead a brief description of each
document and the privilege basis raised is sufficient to comply with the
discovery procedure set forth in Local Civil Rule 26.2. Moreover, the
Court is satisfied that any production of the material in question that
may already have been made was inadvertent and not sufficient to
constitute a waiver of privilege. The Court finds no other deficiencies
that would warrant disturbing Magistrate Judge Katz's November 20, 2003
For the reasons discussed above, it is hereby
ORDERED that Plaintiff's' Objections to Magistrate Judge Theodore
Katz's Order of November 20, 2003 are DENIED and that order is affirmed
in all respects.
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