Petroni v. Blustein Shapiro Rich & Barone LLP

Full title: PETRONI, Plaintiff, v. BLUSTEIN SHAPIRO RICH & BARONE LLP, ET AL.…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Aug 7, 2020

19 Civ. 3823 (NSR)(PED) (S.D.N.Y. Aug. 7, 2020)

Opinion

19 Civ. 3823 (NSR)(PED)

08-07-2020

PETRONI, Plaintiff, v. BLUSTEIN SHAPIRO RICH & BARONE LLP, ET AL., Defendants.

PAUL E. DAVISON, U.S.M.J.

MEMORANDUM AND ORDER PAUL E. DAVISON, U.S.M.J.:

Plaintiff objects to defendants' withholding, on attorney-client privilege grounds, 47 documents which defendants have duly described on a privilege log. [Dkt. 21.] Defendants filed a letter-brief defending their invocation of privilege [Dkt. 22], and the Court heard argument on July 23, 2020. At that hearing, the Court denied without prejudice plaintiff's motion for disclosure of the 47 documents pursuant to the crime-fraud exception, but reserved decision regarding application of the "fiduciary exception" pending in camera review of the 47 documents in accordance with NAMA Holdings, LLC v. Greenberg Traurig LLP, 133 A.D.3d 46 (1^st Dept. 2015). Familiarity with the record is assumed.

The Court has completed in camera review of the 47 documents. Based on that review, the Court concludes that the following documents either 1) are not privileged; or 2) are privileged but may be disclosed to plaintiff pursuant to the "fiduciary exception." These documents shall be produced to plaintiff within 5 business days of this Order:

1, 6, 7, 8, 9, 12, 13, 14, 15, 21, 22, 27, 28, 34, 38, 39, 40, 44, 45, 47.¹

1 Document numbers correspond to defendants' privilege log [Dkt. 21-1 .] --------

Defendants' objection to producing the remaining documents described on the privilege log is SUSTAINED. Dated: August 7, 2020

White Plains, New York

SO ORDERED

/s/_________

Paul E. Davison, U.S.M.J.