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LOUROS v. KREICAS

United States District Court, S.D. New York


June 10, 2004.

STEVEN M. LOUROS, Plaintiff,
v.
LEONARD KREICAS, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

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" is frivolous.

  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.

  SO ORDERED.

20040610

© 1992-2004 VersusLaw Inc.



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