KSP Holdings Inc. moved for disclosure of documents referenced in an affidavit by plaintiff's counsel, Marc Kestenberg, filed in response to KSP's motion for a stay.
KSP argued the documents were required under Rule 30.04(2), were relevant and not privileged, or that privilege had been waived.
The plaintiff claimed irrelevance and settlement privilege.
The court found the documents relevant to determining the true date of settlement between the plaintiff and a co-defendant, Secure Capital Advisors Inc., and that any settlement privilege was waived by extensive reference to the documents and negotiation details in the affidavit.
The court also held that Rule 30.04(2) mandates production of documents referred to in an affidavit, regardless of privilege.
The motion for disclosure was granted, and KSP was awarded costs.