This column reports on discovery decisions filed in December and January in New York-area federal courts. Southern District Magistrate Judge James C. Francis filed a decision shifting the substantial costs of producing e-mail records to the requesting party. Southern District Magistrate Judge Henry Pitman held that depositions conducted of a witness both in his individual capacity and in a representative capacity under Rule 30(b)(6) are each subject to a separate presumptive seven-hour time limit, and Southern District Magistrate Judge Theodore H. Katz avoided burden and expense to a foreign plaintiff by directing that her deposition be conducted by telephone.
In other cases, Southern District Judge Lewis A. Kaplan denied a motion to preclude a document produced after the close of discovery, and Southern District Judge Robert W. Sweet found that documents related to a claims investigation conducted by the attorneys of an insurance company were neither work product nor subject to the attorney-client privilege. Finally, Southern District Judge William H. Pauley granted a partial stay of discovery in an antitrust case pending resolution of a motion to dismiss.
