Monterey Bay Military Housing, LLC et al v. Ambac Assurance Corporation et al, No. 1:2019cv09193 - Document 580 (S.D.N.Y. 2022)

Court Description: ORDER denying 529 Motion for Reconsideration re 529 MOTION for Reconsideration re; 523 Order on Motion to Compel,,,,,,,,,, . filed by Rucker Communities, LLC, Picerne-Fort Polk Funding, LLC, Bragg Communities LLC, AETC Housing LP, Riley Communities LLC, Carlisle/Picatinny Family Housing LP, Fort Leavenworth Frontier Heritage Communities, I, LLC, Lackland Family Housing, LLC, Sill Housing, LLC, Stewart Hunter Housing LLC, Fort Detrick/Walter R eed Army Medical Center LLC, Vandenberg Housing LP, AMC West Housing LP, Fort Leavenworth Frontier Heritage Communities, II, LLC, Meade Communities LLC, Fort Bliss/White Sands Missile Range Housing LP, Monterey Bay Land, LLC, Monterey Bay Military Housing, LLC, 559 LETTER MOTION to Compel Malvern Capital Partners, LLC to Comply addressed to Magistrate Judge Sarah L. Cave from Taylor L. Jones dated December 12, 2022. filed by AMBAC Assurance Corporation ; de nying without prejudice 559 Motion to Compel. Pursuant to the discovery conference held today, December 19, 2022 (the "Conference"), the Court orders as follows: 1. Plaintiffs shall promptly advise the Court of the identity of &quo t;CoreImpact" and its relationship to Plaintiffs. 2. Plaintiffs shall undertake to determine whether the document productions in D'Antonio v. Monterey Bay Military Housing, Case No. 21 Civ. 2607 (N. D. Cal.) and Addi v. Corvias, Case No. 19 Civ. 3253 (D. Md.) included any summary documents concerning (i) the conditions and (ii) maintenance of the Monterey and Meade Projects. Plaintiffs shall promptly advise Defendants if such summary documents exist and when such documents will be produced. 3. By Friday, December 23, 2022, the U.S. Department of the Army (the "Army") and the U.S. Department of the Air Force (the "Air Force") shall file a letter advising the Court of (i) the status of the Army's prod uctions, and (ii) the status of the Air Force's reasonable search of responsive documents to the Touhy request. a. The Army, Air Force, and Defendant Ambac Assurance Corporation ("Ambac") shall meet and confer to determine the Fede ral Rule of Civil Procedure 30(b)(6) topics to be addressed to the Army, in lieu of a deposition of General Edward M. Daly. 4. Malvern Capital Partners, LLC ("Malvern") shall undertake a reasonable search in response to the subpoena from Ambac for (i) communications concerning Ambac, the Jefferies Defendants, Defendant Dan Ray, Capmark, and GMAC, and (ii) contracts between Malvern and the Developers. Ambac shall provide to Malvern a proposed list of search terms. By Wednesd ay, December 28, 2022, Malvern shall file a letter to the Court advising the Court of the status of the search. a. Ambac is directed to serve a copy of this Order on Malvern and file proof of service by Tuesday, December 20, 2022. 5. By Friday, January 6, 2023, Plaintiffs shall produce to Defendants a spreadsheet identifying for all 19 non-MHPI projects: a. the names of each Project; b. the respective dates of each Project; and c. each Project's interest rate. 6. By Friday, Janu ary 6, 2023, Plaintiffs and the Jefferies Defendants shall meet and confer to resolve the outstanding Rule 30(b)(6) topics to the Jefferies Defendants. To the extent that any Rule 30(b)(6) topics remain in dispute, by January 6, 2023, the parties may file a joint letter by then providing to the Court a list of the topics and, if any, the parties' competing proposals for those that remain in dispute. 7. Plaintiffs' motion for reconsideration (ECF No. 529) is DENIED, and the Court s hall issue a written opinion and order forthwith. 8. To the extent Ambac's pre-conference letter requests leave to file a motion, pursuant to Federal Rule of Civil Procedure 37(c)(1), concerning Plaintiffs "new categories of damages&quo t; (the "Damages Motion") (ECF No. 568), the request is DENIED WITHOUT PREJDUICE. Ambac may renew its request to file the Damages Motion following the close of fact discovery. 9. The deadline for the parties to serve contention interrogat ories is EXTENDED to Monday, January 23, 2023. 10. The parties shall order a Transcript of the Conference and file it on the docket. 11. The Clerk of Court is respectfully directed to close ECF Nos. 529 and 559. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 12/19/2022) (ks)