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S.D.N.Y.Procedural orderFiled June 24, 2020

Morgan Art Foundation Limited v. McKenzie d/b/a American Image Art

Judge
Barbara Moses
Docket
1:18-cv-04438
Court
U.S. District Court · Southern District of New York
Pages
1
DiscoveryCivil Procedure
In one sentence

In Morgan Art Foundation v. McKenzie, Judge Moses ordered private review of settlement-related documents sought by defendants.

Who this affects

The Estate and Thomas were required to submit the specified settlement-related documents for private court review; the defendants, including the AIA Defendants, sought copies of those documents.

What happened

Morgan Art Foundation Limited sued Michael McKenzie and others in the Southern District of New York. The court reviewed defendants’ joint letter concerning the AIA Defendants’ demand for the Estate and Thomas’s settlement agreement and related documents.

The court ordered the Estate and Thomas to submit the complete settlement agreement, attachments, exhibits, and related agreements for private court review. The requested agreements concern legal-fee payments or protection, settlement payments or judgments, and any obligation by Thomas to cooperate in these actions.

Judge Barbara Moses entered this discovery order on June 24, 2020, requiring the documents to be promptly emailed to the court. The order did not state whether the documents would ultimately be provided to defendants.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Morgan Art Foundation Limited v. McKenzie d/b/a American Image Art · No. 1:18-cv-04438
Judge
Barbara Moses
Date
June 24, 2020

Background

The court received and reviewed a June 19, 2020 joint letter from defendants. The letter concerned the AIA Defendants’ demand for copies of a settlement agreement between the Estate and Thomas, along with related documents.

Order

The court ordered the Estate and Thomas to submit for in camera review—that is, private review by the court—a complete copy of their settlement agreement, including all attachments and exhibits. They also had to submit related agreements concerning: (1) the advancement or reimbursement of, or indemnification against, Thomas’s legal fees, settlement payments, or judgments in these actions; and (2) any obligation by Thomas to cooperate with the Estate in these actions.

The documents were to be promptly emailed to the court. The order required submission for the court’s review and did not state whether the documents would ultimately be produced to defendants.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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