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Law Office of David Tennant
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Order | Filed: May 22, 2024 | Entered: May 22, 2024 Cayuga Nation v. Parker et al
Racketeer/Corrupt Organization | New York Northern
Order on Letter Request
TEXT ORDER GRANTING 116 motion of the Meyer defendants to modify the terms of 105 the Amended Stipulated Protective Order ("Protective Order"). For reasons stated on the record during the recorded video discovery conference conducted on 5/22/2024, the Protective Order is modified to allow direct disclosure of documents designated "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" ("AEO") to defendant Paul Meyer and employees of Justice for Native First People, LLC and/or C.B. Brooks LLC who are required in good faith to provide assistance in the conduct of this litigation. Paul Meyer and any other employees or representatives of the defendant Meyer entities continue to be bound by all of the other provisions of the Protective Order, including those restricting them from re-disclosing any discovery designated as "Confidential" or AEO to non-authorized individuals or entities, including Dustin Parker, Nora Weber, Jose Verdugo, Jr., Andrew Hernandez, or any other employees or representatives of the Parker defendants. WILFUL VIOLATIONS OF THE TERMS OF THE PROTECTIVE ORDER, AS MODIFIED HEREIN, MAY RESULT IN THE IMPOSITION OF CONTEMPT OR OTHER SANCTIONS. SO ORDERED by Magistrate Judge Andrew T. Baxter on May 22, 2024. (rep)
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Minutes | Filed: May 22, 2024 | Entered: May 22, 2024 Cayuga Nation v. Parker et al
Racketeer/Corrupt Organization | New York Northern
Discovery Hearing
TEXT MINUTE ENTRY re: recorded video discovery conference conducted on 5/22/2024. The court addressed 105 the motion of the Meyer defendants to allow them direct access to discovery designated as "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY," as reflected in the accompanying text order. After reviewing those AEO materials with the Meyer defendants, Attorney Tennant will submit a status report, by 6/24/2024, regarding any discovery issues the Meyer defendants have not been able to work out with opposing counsel. The court noted that the Parker defendants withdrew their objections to plaintiffs' invocation of privilege with respect to certain spreadsheets prepared for plaintiffs by B.J. Radford, based on the representation of plaintiffs' counsel that the defendants have been provided with copies of all the underlying sales and other data upon which Ms. Radford relied in preparing those spreadsheets. The court, however, advised plaintiffs' counsel that a more fulsome supplementation of plaintiffs' mandatory disclosures regarding damage theories and calculations should be provided soon. While plaintiffs acknowledge that the Parker defendants have provided adequate information regarding their sales of tobacco products for the time period from February 2022 through the end of 2023, the Parker defendants represent that they have no corresponding sales data for tobacco products in 2021 and no sales records at all for cannabis products. The court directed the parties to cooperate in following up with "Square" - the Point of Sales ("POS") vendor for the Parker defendants in 2021 - to see if it could provide 2021 POS sales data in response to a subpoena or court order. The court also directed counsel for the Parker defendants to follow up with their client with respect to the troubling claim that they have no information reflecting sales volume for cannabis products, which they have sold for most of the time they were in business. The court directed plaintiffs' counsel to provide a status report by 6/6/2024 proposing a prompt plan to make an interim, supplemental damage disclosure which clarifies the methodology the plaintiffs will use to calculate damages, preferably with a partial, estimated damages calculation for a time period for which plaintiffs have sufficient information from the Parker defendants to estimate damages, at least for tobacco products. Counsel for the Parker defendants stated that a more fulsome damage disclosure from plaintiffs should help them clarify, and perhaps narrow, the additional discovery they may need to address plaintiffs' claims damages. The court finds that the parties' negotiated agreement with respect to mutual discovery with respect to the tobacco and cannabis sales volumes of the plaintiffs and the Parker defendants does not preclude reasonable and proportional discovery with respect to possible "intervening" causes for declines in plaintiffs' sales revenues, e.g. the impact of the COVID pandemic or product pricing on sales. The court directed the parties to meet and confer further with respect to focused discovery with respect to plausible intervening factors affecting plaintiffs' damages and provided some guidance on that subject. With respect to the counterclaim of the Parker defendants, plaintiffs counsel represented that the Cayuga Nation completed and disclosed a detailed inventory of the tobacco and cannabis products seized when the Nation took over the first business location of the Parker defendants. However, the Nation reportedly prepared no inventory of other items seized, and, to some extent, subsequently sold by the Nation at that location - e.g., fixtures, cash, gasoline, snack foods, and beverages. The Parker defendants asserts that this other seized property is a significant part of their damages on their counterclaim. The court noted that, to the extent either side represents that they do not have records or information relevant to damages that the opposing party believes should have been prepared or maintained, the aggrieved party may consider seeking spoliation sanctions-e.g., adverse inferences or instructions or preclusion of evidence-from the Chief District Judge Sannes. The court directed the parties to meet and confer with respect to necessary and proportional discovery that remains to be conduct and negotiate regarding any discovery disputes. The parties should be prepared to recommend, at a further status conference to be scheduled in July, a firm, expedited proposed schedule to complete pretrial proceedings. Appearances: Michael Nicholson, Esq. for plaintiff; Daniel Hurteau, Esq. and Robert McManigal, Esq. for defendants Dustin Parker, Nora Weber, Jose Verdugo, Jr., and Andrew Hernandez; David Tennant, Esq. for defendants Paul Meyer, Justice for Native First People, LLC, CB Brooks LLC. Court Repor... (truncated)
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Misc | Filed: May 13, 2024 | Entered: May 13, 2024 Cayuga Nation v. Parker et al
Racketeer/Corrupt Organization | New York Northern
Status Report
STATUS REPORT Regarding Discovery, Submitted in Accordance with Court's 111 TEXT ORDER by Andrew Hernandez, Dustin Parker, Nora Weber. (Attachments: # 1 Exhibit(s) A - Plaintiffs Responses and Objections to Parker Defendants Second Request for Production of Documents)(Hurteau, Daniel)
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