Opinion
02 Civ. 5571 (RJH) (HBP).
January 5, 2007
MEMORANDUM OPINION AND ORDER
A conference having been held in this matter on January 4, 2007 during which various discovery disputes were discussed, for the reasons stated on the record in open court, it is hereby ORDERED that:
1. Liberty Media's application to compel Vivendi to direct Salustro Reydel ("Salustro") to produce documents is denied. It appears that Vivendi has already waived all protections it has under French law with respect to the Vivendi documents in Salustro's possession, custody of control, and that any remaining objections are personal to Salustro. These remaining objections relate to matters of French law and are currently being litigated before a French court. Accordingly, there does appear to be any basis for further relief against Vivendi at this time with respect to this aspect of discovery.
2. Liberty Media's application to preclude Vivendi from relying on advice or information it received from Salustro as a full or partial defense is denied.
3. Within ten (10) days of the date of this Order, Liberty Media is directed to make copies of the documents it received from Salustro available to counsel for all parties.
4. Liberty Media's application to compel production of additional USG documents is denied on the basis of Vivnedi's counsel's representation that all USG documents in Vivendi's possession, custody or control that are relevant and responsive to the document requests served in this matter (1) have either been produced or (2) have been/are being scheduled as privileged documents.
SO ORDERED