In accordance with the parties' agreement, the following shall serve as the revised schedule of deadlines in this matter: 1. The SEC's request for Rule 30(b)(6) testimony is denied in all other respects. The deposition shall be for the limited purpose of discussing the nature of Kik's business, including any business conducted through affiliates, from 2018 through the present. If Kik or Philp has any objections to Philp's serving as corporate representative, they shall object by Januat 5:00 p.m. ("Kik") on January 28, 2020, or on a mutually convenient date within ten days of January 28, 2020. Regarding the letter motion, Tanner Philp shall testify as corporate representative for Defendant Kik Interactive Inc. ORDER granting in part and denying in part 45 Letter Motion for Discovery. A court reporter will transcribe the conference. The status conference, scheduled to be held Decemat 10:00 am, will be held instead, by telephone, on Decemat 2:30 pm.
Defendant's discovery complaints should be made the subject of a separate joint letter pursuant to my Individual Rule of Practice 2.E. The SEC may reformulate its Requests to refer to specific subject matter. Emails concerning allegations of the complaint, or concerning the Investigation are susceptible to varying interpretations. 4 and 7 are overly broad defendant's objection to production is granted. Defendant's long argument that it had the right to delay the SEC's complaints to the court by "meet and confer" procedures equally is frivolous. Defendant's excuse as to its failure to produce timely, in the belief that the SEC's Request did not embrace emails, is frivolous. Obviously, agreements with witnesses, particularly regarding their compensation at seemingly high rates for time taken in testifying and preparing to testify, are relevant as to credibility. Defendant shall make production within two weeks from today. 5, asking for documents concerning oral or written agreements with employees, officers, directors or agents whom defendant identifies in its Initial Disclosures, is granted, as originally formulated and as restated on page 5 of the joint letter. My rulings follow, numbered as in the parties' joint letter. 38) and pursuant to my Individual Rule of Practice 2.E, ask me for rulings on discovery disputes. The parties, by joint letter of Novem(ECF No. ORDER granting in part 38 LETTER MOTION to Compel Defendant Kik Interactive Inc. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: ) Plaintiff's motion for extensions of time to file opposition briefs is denied as moot. The parties should be focused on completing discovery, and not on wasteful forays into inadmissible facts. There is no reason to wait for opposition and reply briefs when the invalidity of defendant's argument is apparent from its own papers. Proper discovery should be focused on what defendant did, and not why the agency decided to bring the case.I decide this motion on defendant's brief. If the law is vague, or confusing, or arbitrary, as defendant argues, that can be argued objectively. That is enough to deny the motion.Furthermore, as I originally held, the deliberations within an agency sheds no light on the application of the statute or regulation in issue. Defendant does not mention any new matter of fact or law, or any binding precedent that I failed to consider. Defendant's motion for reconsideration is a reargument of matters that were before me when I denied the discovery sought. ORDER denying 33 Motion for Reconsideration.