Opinion
02 Civ. 0711 (LAK)
August 7, 2002
ORDER
Plaintiff seeks reconsideration of so much of the Court's order, dated July 27, 2002, as held that it waived any otherwise applicable privilege with respect to documents produced on June 25, 2002, suggesting that the Court may have overlooked the declarations of Messrs. Blessey, Goldman and Brown. Subsequent correspondence in response to that request raises a substantial question as to the accuracy of the declarations of Messrs. Hymowitz and Firley and underscores the existence of issues of fact concerning the manner in which certain of the defendants obtained copies of allegedly privileged documents on June 25, 2002 which may be material to determination of the waiver issue. Accordingly, the Court will conduct an evidentiary hearing on that matter at 10:30 a.m. on August 23, 2002.
SO ORDERED.
ORDER
The letter motion of defendant Bankers Trust Company for reconsideration, pursuant to Local Civ.R. 6.3, of so much of the Court's order, dated July 27, 2002, as held that the production of the EEC Documents, as there defined, was not waived by their production on July 16, 2002 and directed defendants' counsel to return them forthwith and to make no use of them, is denied. The motion is entirely inappropriate, as it relies principally on facts not previously before the Court, which by definition could not have been overlooked. The application neglects also the limited scope of the Court's ruling, which addressed only the contention that any applicable privilege was waived by the July 16 production. The parties, however, should provide logs of documents withheld from production on grounds of privilege on pain of a possible future determination that the failure to do so itself waives any otherwise applicable privilege.
SO ORDERED.