Opinion
21-CV-10130 (VEC)
05-02-2022
SINGULARDTV GmbH, Plaintiff, v. ZACHARY LEBEAU and KIMBERLY JACKSON, Defendants.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE:
WHEREAS on April 6, 2022, the Court granted Plaintiff's motion for expedited discovery, see Dkt. 88;
WHEREAS Plaintiff represents that Defendants have not complied with that order, see Dkt. 92; and
WHEREAS Defendants' responses to Plaintiff's allegations do not meaningfully address whether they have complied with the Court's April 6 order, see Dkts. 94-95;
IT IS HEREBY ORDERED that Defendants must produce all nonprivileged documents that are responsive to Plaintiff's request for expedited discovery, as is already required by the Court's prior order, not later than May 5, 2022.
IT IS FURTHER ORDERED that counsel for each Defendant must file a written certification with the Court describing in detail each Defendant's search for documents, including by identifying the person(s) who conducted it, all sources of documents reviewed (including, for example, e-mail accounts, computer files, and repositories of hardcopy documents), the number of responsive documents identified, and the bases for withholding any responsive documents not produced.
IT IS FURTHER ORDERED that Defendant Zachary LeBeau must appear for an expedited deposition within seven days of Defendants' completion of document production, i.e., not later than May 12, 2022.
IT IS FURTHER ORDERED that Plaintiff's request for attorneys' fees and costs associated with preparing its letter to the Court is DENIED without prejudice to Plaintiff reraising the request should document production and Defendant LeBeau's deposition reveal that Defendants were, in fact, willfully failing to comply with the Court's prior order.
SO ORDERED.