The defendants brought a motion seeking orders to compel answers to refused questions and production of documents related to forensic accounting reports (Tartis and Crowe Soberman) and a digital forensic investigation (Duff and Phelps), as well as miscellaneous accounting and financial records.
The court largely granted the defendants' requests, ordering disclosure of foundational documents and retainers for the Tartis and Crowe Soberman reports, compelling answers to undertakings given by Filipowicz (Duff and Phelps) where no timely objection to cost was made, and requiring the plaintiffs to produce general ledgers, trial balances, financial statements, and bank statements at their expense.
However, the court upheld litigation privilege for internal drafts and notes of the reports, finding no evidence of improper conduct to warrant an exception.