Global Net Lease, Inc. v. Blackwells Capital LLC
- James Oetken
- 1:22-cv-10702
- U.S. District Court · Southern District of New York
- 2
In Necessity Retail REIT v. Blackwells, Judge Oetken ordered discovery, consolidated the case with another action, and directed the clerk to mark it closed.
The defendants must conduct the ordered searches and produce responsive nonprivileged documents; Sue Perrotty’s responsive nonprivileged documents were subject to a February 24, 2023 production deadline; and all parties are affected by the consolidation and future-filing requirements.
What happened
The case is The Necessity Retail REIT, Inc. v. Blackwells Capital LLC, et al. After reviewing letters from the parties and hearing argument about a discovery dispute, the court ordered the defendants to search for specified terms and produce responsive, nonprivileged documents.
The court also required documents held by Sue Perrotty to be produced by February 24, 2023, and directed the parties to discuss revised deposition dates. It consolidated this action with Case Number 22-CV-10702 for all purposes, while stating that the cases would keep separate identities and that the order would not affect the parties’ rights.
Judge Oetken ordered that future filings be made in the lead case, 22-CV-10702, and directed the Clerk of Court to mark this case closed. The order did not decide the underlying claims.
The detailed version
- Global Net Lease, Inc. v. Blackwells Capital LLC · No. 1:22-cv-10702
- James Oetken
- Feb. 22, 2023
Discovery Order
After reviewing letters submitted by all parties and hearing argument on a discovery dispute, the court ordered the defendants to search for these terms:
- `jv`
- `venture`
- `stalking horse`
- `November 7`, `November 7th`, `Nov 7`, or `11/7`
- `management fee` or `mgmt fee`
The defendants must produce responsive documents that are not protected by attorney-client privilege or another applicable privilege. The court separately ordered production by February 24, 2023, of responsive nonprivileged documents in Sue Perrotty’s possession. The parties must meet and confer—communicate with one another—to set revised deposition dates in light of the discovery order.
Consolidation and Case Status
Under Federal Rule of Civil Procedure 42(a), the court consolidated this action with Case Number 22-CV-10702 for discovery, pretrial proceedings, and trial. The court stated that the consolidated cases retain separate identities and that the consolidation does not affect the parties’ rights in either case. All future filings must be made in the lead case, 22-CV-10702.
Disposition
Judge J. Paul Oetken directed the Clerk of Court to mark this case closed. The order addressed discovery, scheduling, consolidation, and case administration; it did not decide the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.