PKF OConnor Davies LLP v. Giordano

Background

The parties submitted a joint letter concerning a discovery dispute. PKF O’Connor Davies LLP asked to compel Frank Giordano, III, under Federal Rule of Civil Procedure 37 to reproduce documents without redactions. The disputed materials included tax returns and bank statements. The letter states that the court had previously ordered Giordano to produce responsive documents by April 22, 2024, and had ruled that he waived objections to the document requests. Giordano produced documents but kept certain income, expense, profit-or-loss, payor, and payment-amount information redacted.

The Parties’ Positions

PKF O’Connor Davies argued that the unredacted financial records were relevant to whether Giordano violated a restrictive covenant and to the amount of damages. It also argued that the redactions violated the earlier discovery order and that a confidentiality order addressed any privacy concerns.

Giordano opposed production of unredacted tax returns. He argued that the information already produced, including information in tax forms and financial records obtained through subpoenas to nonparties, supplied the relevant information. He characterized the request for unredacted tax returns as a fishing expedition and argued that the heightened standard for obtaining tax returns had not been met. The letter also reports Giordano’s additional arguments concerning the alleged restrictive-covenant violation, the federal trade-secret claim, and a Federal Trade Commission rule concerning noncompete clauses.

Court’s Action

Judge Philip M. Halpern granted the application and scheduled an in-person conference for May 21, 2024, at 2:45 p.m. in Courtroom 520 of the White Plains courthouse concerning the matters raised in the parties’ joint letter and their April 30 meet-and-confer discussion. The Clerk was directed to terminate the motion sequence pending at Document 36. The provided text does not show a ruling granting or denying the requested production of unredacted documents.