Opinion
Index No. 650957/2010
11-08-2012
CHINA DEVELOPMENT INDUSTRIAL BANK, Plaintiff, v. MORGAN STANLEY & CO. INCORPORATED, (n/k/a MORGAN STANLEY & CO. LLC), MORGAN STANLEY & CO. INTERNATIONAL PLC (f/k/a MORGAN STANLEY & CO. INTERNATIONAL LIMITED), TCW ASSET MANAGEMENT COMPANY, JEFFREY GUNDLACH, LOUIS LUCIDO and DOES 1-50, Defendants.
DECISION AND ORDER Motion Sequence Nos. 011 & 012 MELVIN L. SCHWEITZER, J. :
Since February 24, 2012, when the court issued prior orders with respect to the production of documents, the parties have not fully resolved their discovery disputes. They have requested that the court rule on the unresolved issues.
China Development Industrial Bank (CDIB) moves pursuant to CPLR 3124 to compel production of documents requested from defendants Morgan Stanley & Co. LLC and Morgan Stanley & Co. International plc (collectively, Morgan Stanley) (motion sequence No. 11). The court rules as follows:
Terms of General Application for Motion Sequence No. 11
Documents are to be produced for the period January 1, 2005 through April 31, 2007.
Defined terms are as defined in the plaintiff's Request for Production of Documents.
Document Production
Morgan Stanley is directed to produce the following documents:
All Due Diligence Reports and related communications with respect to the Stack Collateral Originators from the files of Anthony Tufariello, Jon Horowitz, Howard Hubler, Joseph Naggar, John Pearce, Erik Siegel, Graham Jones, Gary Mendelsohn, Frank Telesca and Steven Shapiro.
The December 9, 2011 deposition transcript (with exhibits) of Anton Peterson taken in Abu Dhabi Commercial Bank v Morgan Stanley & Co. Inc., et al., No. 1:08-CV-07508 (S.D.N.Y.).
All Summary Due Diligence Reports and related communications concerning the Stack CDO Collateral Assets that Morgan Stanley received from Clayton Holdings.
All Due Diligence Reports and related communications concerning the Morgan Stanley RMBS that were included in the Stack CDO.
Morgan Stanley moves pursuant to CPLR 3124 to compel production of documents requested from plaintiff CDIB (motion sequence No. 12). The court rules as follows.
Document Production
CDIB is directed to produce the following documents:
1. CDIB shall construct and deliver to Morgan Stanley a list of all investments CDIB made in U.S. mortgage-related securities similar to the CDIB Swap for the period January 1, 2005 to April 31, 2007.
2. CDIB shall search the files of the Custodians identified to CDIB by Morgan Stanley using the Supplemental Search Terms (other than the Search Term "S near2 P") provided to CDIB by Morgan Stanley. All Search Terms shall be run using English, and, when possible, their Chinese language equivalent. In addition to using these Supplemental Search Terms, CDIB may use additional
Search Terms or combine Search Terms in order to comply with the court's orders.
3. CDIB shall conduct a thorough search for metadata and electronic information associated with audio recordings produced to Morgan Stanley and deliver such data and information to Morgan Stanley.
ORDERED that CDIB's motion to compel is granted, and Morgan Stanley shall produce a copy of all responsive documents in accordance with the above not already produced within thirty days of the entry of this decision and order, and to the extent Morgan Stanley asserts that it has already produced responsive documents, it shall identify them by bates number; and it is further
ORDERED that Morgan Stanley's motion to compel is granted, and CDIB shall produce a copy of all responsive documents in accordance with the above not already produced within thirty days of the entry of this decision and order, and to the extent CDIB asserts that it has already produced responsive documents it shall identify them by bates number. Dated: November 8, 2012
ENTER:
/s/_________
J.S.C.