REPLY MEMORANDUM OF LAW in Support re: 1 MOTION to Compel Non-Party New York Media LLC to Produce Materials responsive to the Subpoena. Other Court Name: USDC-DM. Other Court Case Number: 14CV30211
Holding that a municipality has standing to challenge the zoning ordinance of a neighboring municipality upon demonstrating that its corporate interests and responsibilities are directly and adversely affected by the ordinance
Explaining the rules "contemplate[] discovery into any matter that bears on or that reasonably could lead to other matter that could bear on any issue that is or may be raised in a case"
749 F. Supp. 2d 170 (S.D.N.Y. 2010) Cited 50 times
Finding Donzgier's "failure to submit a privilege log . . . a deliberate attempt to structure the response to the subpoenas in a way that would create the maximum possibility for delay"
Interpreting In re Grand Jury Subpoenas Dated March 24, 2003 as having a "very narrow holding" and applicable only in "cases such as . . . high profile grand jury investigation"
Rejecting the contention that there is "an absolute First Amendment barrier to the compelled disclosure by a newsman of his confidential sources under any circumstances"
736 F. Supp. 2d 773 (S.D.N.Y. 2010) Cited 26 times
Noting journalist "has advanced no persuasive reason why he should not be compelled to claim privilege . . . in the same manner as any other litigant-providing a privilege log enumerating the documents as to which privilege is claimed and including as to each such information as may be necessary to make out his claim of qualified journalist privilege"
Denying motion to compel documents without an in camera review, where defendant provided a privilege log and declaration to support its claim of privilege
Finding that in that case the failure to provide a privilege log was "not flagrant enough" a violation of the rules to result in a waiver of the privilege