United States District Court, S.D. New York
June 10, 2004.
STEVEN M. LOUROS, Plaintiff,
LEONARD KREICAS, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
By letters dated June 4, 2004 and June 9, 2004, counsel have
placed before the Court a dispute concerning defendant's response
to plaintiff's first request for production of documents. The
matter is resolved as follows:
1. The objection to Request No. 1 is overruled. The request was
not limited to documents relating to advisors and others upon
whom defendant admits having relied in managing plaintiff's
account. Defendant's response therefore is evasive.
2. The objections to Request Nos. 24, 25, 26, 50 and 92 are
overruled. The suggestion that plaintiff is not entitled to probe
defendant's investment performance in attempting to prove that
defendant lied when he claimed that "he had a great track record"
3. Defendant objected to Request Nos. 58 through 60 and 80 on
the ground of attorney-client privilege. Plaintiff pointed out
that he failed to provide any privilege log, a reference to
S.D.N.Y. Civ. R. 26.2. Defendant responded by persisting in the
general claim of privilege, but did not deny that he failed to
comply with the Rule or seek to justify the non-compliance.
Accordingly, any privilege that otherwise might have attached has
been waived. The objection is overruled.
Defendant shall produce all documents responsive to the request
for production on or before June 18, 2004.
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