Kenyon v. Clare
| Sherrilyn Kenyon |
| Cassandra Clare |
| Simon & Schuster, Inc. |
| 1:2016mc00327 |
| September 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Part One |
| Other |
| M 08-85 Motion to Compel |
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Filing
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OPINION & ORDER re: 1 MOTION to Compel Simon & Schuster, Inc. to appear. Other Court Name: USDC-MDTN. Other Court Case Number: 3:16-CV-0191. (Filing Fee $ 46.00, Receipt Number 465401161471), filed by Sherrilyn Kenyon. Subject to any subsequent order staying discovery in the Tennessee Action and Kenyon's re-service of the subpoena by personal delivery, S&S is directed to produce nonprivileged documents responsive to Request Nos. 2 through 8 and to provide Kenyon w ith a log for any responsive documents withheld on grounds of privilege within a reasonable time. Mindful of S&S's nonparty status, Kenyon and S&S are directed to meet and confer to decide upon a reasonable number of custodians and a reason able list of keywords to search to apply for potentially responsive documents within three weeks of personal service of the subpoena on S&S. To help ensure that these lists remain reasonable, S&S may apply to the Court for cost-shifting if the costs of responding to the subpoena become too onerous. To the extent that the existing protective order permits, Kenyon is directed to describe the documents it has received or later receives from Clare to (1) provide a starting point for approp riate custodians and keywords and (2) avoid duplicating production of such documents. Kenyon's motion to compel documents responsive to Request No. 9 is quashed without prejudice because it is unreasonably duplicative of documents sought from Clare. (As further set forth in this Opinion) (Signed by Judge John F. Keenan, Part I, on 10/11/2016) (kl)
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