Brian Schiller

This case conference endorsement addresses several procedural matters in related actions between Mr. Gerstel and Mr. Berkovits.

The court ordered peremptory examinations for discovery dates and scheduled a future case conference for trial management.

A key issue addressed was Mr. Gerstel's request for particulars regarding Mr. Berkovits's possession of documents sealed in Mr. Gerstel's matrimonial proceedings.

The court declined to order Mr. Berkovits to explain how he obtained the documents, reiterating that a sealing order only prevents public access from the court file and does not imply a confidentiality injunction preventing others from possessing or transmitting them.

The court emphasized that the admissibility of such documents was not currently in issue and there was no free-standing burden on a plaintiff to explain the origin of documents listed in an affidavit of documents.

In the context of an ongoing case-managed dispute, the defendant obtained draft documents that appeared to originate from a sealed matrimonial proceeding involving one of the plaintiffs.

The defendant sought to schedule a motion to lift the sealing order to use the financial information contained in the documents.

The court declined to schedule a motion to lift the sealing order, noting that a sealing order merely prevents public access to the court file and does not govern the use of documents obtained outside the file.

Instead, the court directed the defendant to bring a motion under Rule 34.15 regarding refusals to answer questions if he intended to use the documents during oral discovery.