Order: Sni/Si Networks L.L.C. v. Directv, Llc

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                                (FILED: NEW YORK COUNTY CLERK 04)2073015703759" P
NYSCEF     DOC.      NO.   34                        RECEIVED     NYSCEF:       04/29/2015
         SUPREME COURT OF THE STATE OF NEW YORK
         COUNTY OF NEW YORK: IAS PART 48
         SNI/ST NEPWORKS LLC,
                         Plaintiff,
                                                           Index No. :   652471/2014
                      - against   -
                                                           DECISION AND ORDER
         DIRECTV, LLC,
                         Defendant.
         ~                                            x
         JEFFREY K. OING, ge:
               Following consideration of the parties letter brief
         submissions dated January 7, 12, 16, and 19, 2015, respectively,
         together with all exhibits thereto, the Court hereby denies
         plaintiff’s request for a protective order pursuant to CPLR §
         3103 and directs plaintiff to produce the agreements it has with
         other distributors, including any related amendments or side
         letter agreements, subject to the parties’ entering into a
         confidentiality agreement and allowing for the redaction of any
         distributor names and of any provisions or other information that
         has no bearing on the direct or indirect economics of the other
         distributor deals or net effective rates, as well as any other
         identifying information
               The documents sought are material and necessary to
         defendant’s defenses as well as the claims in this case (CPLR §
         3101) as one of one of defendant's primary defenses to the
         complaint is its claim that plaintiff itself failed to perform
         its obligations under Sections 5 and 6 of the parties’ Agreement
         and thus cannot prove its breach of contract claim as a matter of
         law.    It is well established that under the broad standard
         articulated by CPLR § 3101, to obtain discovery defendant “need
         only show that the matter is relevant” (Pastor v DeGaetano, ~
         NYS3d - 2015 NY Slip Op 03307).     “The words ‘material and
         necessary, , as used in CPLR 3101 (a), are to be interpreted
          liberally to require disclosure of any facts bearing on the
         controversy” (In re Steam Pipe Explosion at 41* Street, ~ NYS3d
         = 2015 NY Slip Op 03269 [internal quotation and citation
         omitted])     (finding even ultimately non-admissible evidence may be
         discoverable) . Accordingly, plaintiff is directed to produce the
         documents sought by defendant within 14 days of service of this
         order, together with notice of entry, provided that the parties
         have entered into a confidentiality agreement for the production
         of confidential information.   In the event the parties have not
         entered into such an agreement, as contemplated by the PC Order.
         the parties are directed to contact the Court to resolve any
         issues with respect      thereto.
     Dated:          geri

                                                  JEFFRI   Ks OING, o.S.C.
                                                              ‘JEFFREY K. ome