Symphony Investment Partners, Inc. v. Keeco, LLC

Background

Keeco, LLC asked the court to reopen discovery for the limited purpose of taking the deposition of Steven H. Tishman, a principal with Houlihan Lokey Capital, Inc. Keeco expected the deposition to take about half a day and requested permission to begin and complete it by June 30, depending on Tishman’s availability.

Keeco stated that Tishman had been involved in the Keeco/Ellery transaction and that his testimony could concern the transaction, his contacts with people involved in it, Houlihan Lokey’s services and transaction fee, and an alleged related finder’s-fee agreement involving Richard Platt. Keeco argued that Tishman’s testimony could help the court assess liability and damages, assist settlement discussions, and avoid surprise at trial. Keeco also said the requested discovery would not delay the proceedings or prejudice Symphony.

Parties’ Positions

Keeco acknowledged that it previously opposed Symphony’s request to reopen discovery for expert discovery. The court had granted Symphony’s earlier request for limited expert discovery concerning damages. Keeco argued that the same discretionary authority supported reopening discovery for Tishman’s deposition.

The letter states that Symphony opposed reopening discovery for the deposition. It also states that the parties were continuing settlement negotiations and that a settlement might be close.

Court’s Action

The court did not grant or deny Keeco’s request in the text provided. Instead, the May 18, 2023 order directed Symphony to file, by May 23, 2023, a letter of no more than three pages stating its position on Keeco’s motion to reopen discovery. The order therefore sets a response requirement rather than resolving the discovery motion.