Weng v. Kung Fu Little Steamed Buns Ramen, Inc.

Background

The court reviewed the parties’ letters concerning defense counsel’s motion to quash subpoenas served by the plaintiffs. The subpoenas sought documents and communications concerning payments received from or on behalf of Zhe Song, also known as Peter Song, since January 13, 2017. The requests included wire transfers, direct deposits, other money transfers, and information about the sending accounts, including banks, account numbers, and SWIFT codes.

Legal standard

The court explained that Federal Rule of Civil Procedure 69 permits a judgment creditor to obtain discovery from any person, including the judgment debtor, when the discovery will assist with collecting a judgment. The court also cited New York law concerning information subpoenas used to obtain information relevant to a judgment debtor’s satisfaction of a judgment.

The court held that client identities and information about fees paid or retainer agreements are not protected by attorney-client privilege absent special circumstances. It concluded that this was the type of information sought by the plaintiffs’ subpoenas.

Ruling

Judge Preska denied defense counsel’s motion to quash, identified as docket entry 165. The court ordered defense counsel to produce the requested information immediately and no later than September 21, 2023. The Clerk of Court was directed to close the motion.