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RMED International Inc. v. Sloan's Supermarkets Inc.

Fiduciary exception applies to defendants, who must produce documents on privilege log.

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Judge Leisure

RMED INTERNATIONAL, INC. v. SLOANS SUPERMARKETS, INC. Plaintiffs RMED International, Inc. (RMED) et al. bring this class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934, Rule 10(b) promulgated thereunder, and common law fraud by defendant Sloans Supermarkets, Inc. (Sloans) and John Catsimatidis. Plaintiffs allege that defendants failed to disclose material information and made material misstatements regarding an FTC investigation in connection with the acquisition of supermarkets in the metropolitan New York area. The trial in this matter is scheduled to commence on January 6, 2003. Plaintiffs now move pursuant to Rule 45 of the Federal Rules of Civil Procedure for an order compelling the production of certain documents subpoenaed by plaintiffs. For the reasons set forth below, plaintiffs motion is granted.

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