Nat'l Coal. on Black Civil Participation v. Wohl

Full title: NATIONAL COALITION ON BLACK CIVIL PARTICIPATION et al. Plaintiffs, v…

Court: United States District Court, S.D. New York

Date published: May 3, 2022

20-CV-8668 (VM) (OTW) (S.D.N.Y. May. 3, 2022)

Opinion

20-CV-8668 (VM) (OTW)

05-03-2022

NATIONAL COALITION ON BLACK CIVIL PARTICIPATION et al. Plaintiffs, v. JACOB WOHL et al., Defendants.

ONA T. WANG, UNITED STATES MAGISTRATE JUDGE

ORDER

ONA T. WANG, UNITED STATES MAGISTRATE JUDGE

The Court has reviewed and considered ECF 174-175, 177-179, 182, and 186-188. Because Defendants admitted to “participat[ing] in the preparation of the content of the message and its communication to plaintiffs, ” it is a foregone conclusion that they know the identity of “Tamika Taylor.” (ECF 53 at 15:14-21). See ECF 151. Additionally, J. Burkman & Associates, LLC (“JMBA”) does not have a Fifth Amendment right against self-incrimination. See Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 92 n.5 (2d. Cir. 2012). Defendants have stated that they have met their discovery obligations (ECF 177, ECF 186), but do not address plaintiffs' contentions in ECF 187, filed on April 22, 2022.

Accordingly, Defendants are directed to provide the following responsive, nonprivileged discovery to Plaintiffs by May 13, 2022:

1. Responses from JMBA to all interrogatories propounded in Plaintiffs' Second Set of Interrogatories, including the identity and contact information of the person self-identifying as “Tamika Taylor, ” who narrated the at-issue robocall. See ECF 174.

2. A complete production of Defendants' social media, including responsive posts, draft posts, and direct messages from Defendants' Facebook and OnlyFans accounts. See ECF 187 at 1.

3. A complete record of Defendants' financial relationships between JMBA and the other parties to this litigation. See ECF 187 at 2.

4. A complete net worth for JMBA. See ECF 187 at 2.

5. A complete production of the 118 SMS text messages Plaintiffs have identified, including any additional responsive messages and emails exchanged through any other messaging apps or email platforms. See ECF 182 at 3; ECF 187 at 2.

Any discovery that Defendants withhold must be detailed in a privilege log, also due on May 13, 2022. Failure to timely produce these documents may result in sanctions upon a timely motion by Plaintiffs.

The Clerk of Court is directed to close ECF 174 and ECF 182.

SO ORDERED.