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Judith Stein Individually and As An Executor of the Estate of Kenneth F. v. Northern Assurance Company of

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


June 5, 2012

JUDITH STEIN INDIVIDUALLY AND AS AN EXECUTOR OF THE ESTATE OF KENNETH F. STEIN, JR. AND AS A BENEFICIARY OF THE ESTATE OF KENNETH F. STEIN, JR., GWENDOLYN ZEGEL AND JUDITH STEIN IN THEIR CAPACITIES AS TRUSTEES OF A TESTAMENTARY TRUST CRATED UNDER THE LAST WILL AND TESTAMENT OF KENNETH F. STEIN, DAVID S. J. NEUFELD, AS AN EXECUTOR OF THE ESTATE OF KENNETH F. STEIN, JR., SAYVILLE FERRY SERVICE, INC., STEIN'S MARINE LIFT, INC., AND KFS CORP., PLAINTIFFS,
v.
NORTHERN ASSURANCE COMPANY OF AMERICA, ONEBEACON AMERICA INSURANCE COMPANY, ONEBEACON INSURANCE GROUP, LTD., JOHN DOE, AND JANE DOE NOS. 1-4, DEFENDANTS.

The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge:

ORDER

Several months ago, Defendants submitted documents which they claimed were privileged to the Court for in camera review. On March 30, 2012, the Court ruled that it would not make any rulings with respect to these documents until Judge Platt ruled on the viability of Plaintiff's punitive damages claim, since the documents submitted pertained to that claim.

DE 121. On May 7, 2012, Judge Platt granted Defendants' motion for summary judgment on Plaintiffs' punitive damages claim. DE 122. Although the parties initially disputed whether Defendants were required to produce any of the documents submitted for in camera review in light of Judge Platt's ruling, see DE 123, 124, Defendants ultimately withdrew their objection and agreed to produce any documents that this Court determines are not privileged. DE 126.

Therefore, the Court reviewed the documents submitted by Defendants as well as Defendants' privilege log. The Court's rulings are as follows:

Bates Number Ruling

DEF 01721 Not privileged. Produce.

DEF 01984 Not privileged. Produce.

DEF 02006 to DEF 02012 Privileged.

DEF 02015 Produce in redacted form as noted.

DEF 02016 Privileged.

DEF 02025 Privileged (duplicate of DEF 02016).

DEF 02030 Redactions okay. Produce as is.

DEF 02113 Privileged.

DEF 02114 Privileged (duplicate of DEF 02113).

DEF 02115 Privileged (duplicate of DEF 02113).

DEF 02116 to DEF 02122 Privileged.

DEF 02127 Privileged.

DEF 02128 to 02130 Privileged.

DEF 02151 Deferred - further information needed.

DEF 02152 Deferred - further information needed.

DEF 02153 to DEF 02156 DEF 02153-54: Deferred - further information needed.

DEF 02155-56: Privileged.

DEF 02157 Deferred - further information needed.

DEF 02158 Deferred - further information needed.

DEF 02159 to DEF 02166 DEF 02159-60: Deferred - further information needed.

DEF 02161-66: Privileged.

DEF 02167 Privileged.

DEF 02174 to DEF 02176 Deferred (page missing; document incomplete). DEF 02177 Deferred - further information needed.

DEF 02178 Deferred - further information needed.

DEF 02179 to 02183 DEF 02179-80: Deferred - further information needed.

DEF 02181-83: Privileged.

DEF 02184 to DEF 02187 Privileged.

DEF 02203 Privileged.

DEF 02204 to DEF 02205 Privileged.

DEF 02206 to DEF 02208 Privileged.

DEF 02209 Privileged.

DEF 02229 Privileged.

DEF 02230 Privileged (duplicate of DEF 02229).

DEF 02231 Deferred - further information needed.

DEF 02232 Deferred - further information needed.

DEF 02233 to DEF 02237 DEF 02233: Deferred - further information needed.

DEF 02234-37: Privileged.

DEF 02238 to DEF 02240 Privileged.

DEF 02241 to DEF 02242 Privileged.

DEF 02323 Deferred - further information needed.

DEF 02324 Deferred - further information needed.

DEF 02327 Deferred - further information needed.

DEF 02328 Deferred - further information needed.

DEF 02329 Deferred - further information needed.

DEF 02330 Deferred - further information needed.

DEF 02331 Deferred - further information needed.

DEF 02502 to DEF 02503 Produce in redacted form as noted.

DEF 02504 to DEF 02505 Produce in redacted form as noted.

DEF 02507 to DEF 02510 Privileged.

DEF 02514 Privileged.

DEF 02515 to DEF 02519 Privileged.

DEF 02520 Privileged.

DEF 02521 to DEF 02525 Deferred - further information needed.

DEF 02537 to DEF 02538 Privileged.

DEF 02546 to DEF 02549 DEF 02546-47: Deferred - further information needed.

DEF 02548-49: Privileged.

DEF 02583 to DEF 02584 Privileged.

DEF 02588 Deferred - further information needed.

DEF 02590 Deferred - further information needed.

DEF 02593 to DEF 02604 Privileged.

DEF 02605 to DEF 02611 DEF 02605-06: Deferred - further information needed.

DEF 02607-11: Privileged.

DEF 02613 to DEF 02618 Privileged.

DEF 02621 Redactions okay. Produce as is.

DEF 02627 Deferred - further information needed.

DEF 02628 Deferred - further information needed.

DEF 02629 to DEF 02633 DEF 02629-30: Deferred - further information needed.

DEF 02631-33: Privileged.

DEF 02639 Privileged.

DEF 02642 Privileged.

DEF 02648 to DEF 02651 Privileged.

DEF 02671 to DEF 02679 Privileged.

DEF 02687 to DEF 02689 Produce in redacted form as noted. DEF 02693 Redactions okay. Produce as is. DEF 02705 Redactions okay. Produce as is. DEF 02708 Redactions okay. Produce as is. DEF 02712 Privileged.

DEF 02713 to DEF 02714 Privileged.

DEF 02715 Privileged.

DEF 02716 Privileged.

DEF 02717 Privileged.

DEF 02718 Privileged.

DEF 02724 Privileged.

DEF 02726 Privileged.

DEF 02727 Deferred - further information needed. DEF 02732 to DEF 02735 Privileged.

DEF 02736 to DEF 02738 Privileged.

DEF 02739 to DEF 02741 Privileged.

DEF 02742 to DEF 02743 Privileged.

DEF 02744 Privileged.

DEF 02745 to DEF 02746 Privileged.

DEF 02751 Privileged.

DEF 02821 Deferred - further information needed. DEF 02822 Privileged.

DEF 02912 to DEF 02913 Privileged.

DEF 02914 to DEF 02915 Privileged.

DEF 02916 to DEF 02917 Privileged.

DEF 02918 to DEF 02920 Privileged.

DEF 02921 to DEF 02969 Privileged.

DEF 02970 to DEF 02971 Deferred - further information needed. DEF 02972 to DEF 02973 Deferred - further information needed. DEF 03027 to DEF 03028 Privileged.

DEF 03029 to DEF 03030 Privileged.

DEF 03081 to DEF 03083 Privileged.

DEF 03084 to DEF 03085 Deferred - further information needed. DEF 03087 to DEF 03089 Redactions okay. Produce as is. DEF 03095 Privileged.

DEF 03096 Privileged (duplicate of DEF 3095). DEF 03144 to DEF 03145 Privileged.

DEF 03146 to DEF 03147 Privileged.

DEF 03197 Privileged.

DEF 03198 Privileged.

DEF 03199 Privileged.

DEF 03200 to DEF 03206 Deferred - further information needed. DEF 03207 Privileged (duplicate of DEF 3095).

Where the Court has indicated "Deferred - further information needed," the Court is unable to make a privilege determination based on the information provided to date. If Defendants wish to maintain the privilege, they must submit further information explaining the basis for the claim of privilege. Counsel for Defendants is to submit a letter containing this within 10 days. Where the Court has indicated that Defendants are to "Produce in redacted form as noted," the Court is mailing a copy of the document with the Court's notations to counsel for Defendants.

A status conference is scheduled in this matter for June 27, 2012 at 3:30 p.m. to discuss the remainder of the pre-trial schedule in this case.

SO ORDERED.

A. KATHLEEN TOMLINSON U.S. Magistrate Judge

20120605

© 1992-2012 VersusLaw Inc.



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