OK - in Joel & Mary Rich v. Fox, @SDNYLIVE Magistrate Judge Netburn is holding a discovery conference. Inner City Press will live tweet - thread 
Fox' lawyer Meeks says she's prepared to give a hit log about a set of documents, not the documents themselves.
Judge Netburn: We're talking about fewer than 700 documents that contain key players in this case. I have a hard time believe these are not relevant
Judge Netburn: We're talking about fewer than 700 documents that contain key players in this case. I have a hard time believe these are not relevant
Judge Netburn: These 700 documents contain hits on Butowsky and Wheeler - how are they not relevant?
Meeks: Wheeler was a consultant, Bukowsky was a guest. Many of the hits are about news that has nothing to do with this case, or the DNC leaks.
Meeks: Wheeler was a consultant, Bukowsky was a guest. Many of the hits are about news that has nothing to do with this case, or the DNC leaks.
Judge Netburn: But isn't there one document - it's confidential so I won't speak about it here - that is in fact related to this case?
Meeks: Yes, the one about Seth Rich and Wikileaks, we produced in redacted form. The rest was about other news reports.
Meeks: Yes, the one about Seth Rich and Wikileaks, we produced in redacted form. The rest was about other news reports.
Judge Netburn: But haven't the plaintiffs said they need to rebut Fox's argument that it was not working with Butowsky on a day to day basis?
Meeks: We're producing the documents about Ms. Zimmerman, so plaintiffs have enough information.
Meeks: We're producing the documents about Ms. Zimmerman, so plaintiffs have enough information.
Meeks: These documents are protecting by the news gathering privilege. This is a significant question under New York law. The standard is, according to the 2d Circuit, the documents have to be critical and necessary to their claim.
Meeks: They'd have to show this information is not available from any other source. They will be able to take Mr Butowsky's deposition.
Meeks' colleague Joseph Terry: We could put in a letter about the non Seth Rich documents we withheld.
Meeks' colleague Joseph Terry: We could put in a letter about the non Seth Rich documents we withheld.
Judge Netburn: Let me ask Ms. Barron [plaintiffs' lawyer]...
Barron: If Fox stipulates that it regularly worked with Mr. Bukowsky on politically motivated stories maybe we don't need the documents.
Meeks: But they are not alleging negligent supervision.
Barron: If Fox stipulates that it regularly worked with Mr. Bukowsky on politically motivated stories maybe we don't need the documents.
Meeks: But they are not alleging negligent supervision.
Barron: The complaint here alleges that Joel and Mary Rich "becam[e] collateral damage in a political war to which they were innocent bystanders."
Judge Netburn: Could you respond to Fox's claim of privilege?
Barron: No.
Judge Netburn: Could you respond to Fox's claim of privilege?
Barron: No.
Judge Netburn: I am going to direct that the defendants produce a full privilege log, and a letter on privilege, by Wednesday. If I think I need to see documents in camera I'll request that.
Barron: Nothing further from plaintiffs.
Judge: We're adjourned.
Barron: Nothing further from plaintiffs.
Judge: We're adjourned.
