The following papers were considered by the court in determining two discovery motions:PAPERS NUMBEREDJPMorgan Chase’s Notice of Motion to Compel Lucy Waletzky to Comply with Discovery Demands, Affirmation of Zachary G. Newman, Esq., with Exhibits, and Memorandum of Law dated May 31, 2019, in Support of Motion 1, 2, 3Affirmation of Thomas J. Wiegand, Esq., with Exhibits, and Memorandum of Law, dated June 11, 2019, in Opposition to the Motion to Compel Dr. Waletzky to Comply with Discovery Demands 4, 5Reply Affirmation of Zachary G. Newman, Esq., dated June 17, 2019, in Further Support of Petitioner’s Motion to Compel Discovery from Lucy Waletzky 6JPMorgan Chase’s Notice of Motion to Compel Hamilton and Company to Comply with Document Demands, Affirmation of Zachary G. Newman, Esq., with Exhibits, and Memorandum of Law dated May 31, 2019, in Support of Motion 7, 8, 9Affirmation of Thomas J. Wiegand, Esq., dated June 11, 2019, and Memorandum of Law, in Opposition to the Motion to Compel Discovery from Hamilton and Company 10, 11Affidavit of James R. Hamilton, Esq., dated June 10, 2019, in Opposition to the Motion to Compel Discovery from Hamilton and Company 12Reply Memorandum of Law, dated June 17, 2019, in Further Support of Petitioner’s Motion to Compel Discovery from Hamilton and Company, with Exhibits 13DECISION and ORDER In this contested intermediate trust accounting proceeding, JPMorgan Chase Bank, N.A. (“JPMorgan Chase”), as petitioner and trustee of a trust created by John D. Rockefeller, Jr., on December 27, 1943, has moved to compel income beneficiary and objectant, Dr. Lucy Aldridge Rockefeller Waletzky (“Waletzky”), to comply with discovery demands and interrogatories, dated July 16, 2018, and has separately moved to compel non-party Hamilton and Company (“Hamilton”)1 to produce information demanded pursuant to a subpoena dated November 30, 2018. These two motions are, respectively, the fifth and sixth discovery motions filed in this accounting proceeding.2 At the call of the calendar on June 18, 2019, the court granted JPMorgan Chase’s motion to compel Waletzky to comply with the document demands and interrogatories to the extent indicated herein. Waletzky was directed to provide to the movant a response to each document demand and interrogatory by sworn affidavit, as opposed to the affirmation of counsel, no later than June 28, 2019. To the extent there are any documents that are subject to privilege, Waletzky was directed to identify the privilege and provide a privilege log. If Waletzky claims that she has no documents in her possession other than those included in the privilege log provided by Hamilton, she must indicate so in her response.As to JPMorgan Chase’s request for disclosure concerning objectant’s calculation of damages, the court declined to order full expert-witness disclosure (including the identity of any expert or the exchange of expert reports) but directed Waletzky to provide proper responses to document demands 25 and 26 and to interrogatories 28 and 29 no later than July 9, 2019.Finally, the court reserved decision on JPMorgan Chase’s motion to compel Hamilton to comply with the document demands pending its receipt of the following submissions: Hamilton is directed to provide, no later than July 3, 2019, a revised privilege log which includes a description of the subject matter of each of the communications or materials listed on the log. Upon receipt of the revised log, JPMorgan Chase may supplement its motion, in writing, no later than July 17, 2019. Hamilton may then supplement its opposition to the motion no later than July 29, 2019. JPMorgan Chase may serve and file a reply by August 7, 2019. All supplemental submissions (with the exception of the revised privilege log) are to be limited to five pages. After August 7, 2019, when the motion will be fully submitted, the court will determine whether an in camera review of the items contained in the privilege log is warranted.This decision, together with the transcript of the June 18, 2019 proceedings, constitutes the order of the court.Dated: July, 2019
