[U] Fortnow V. Hughes Hubbard & Reed

In the motion at bar, defendants Hughes Hubbard & Reed LLP ("HHR") and Kenneth A. Lefkowitz ("Lefkowitz") (collectively "defendants"), move for an order striking the demand for punitive damages in the verified amended complaint of plaintiffs Matthew Fortnow, Michael Gersh, Khaled Matar, Peter Pezaris and James Price ("plaintiffs"), on the ground that they fail to set forth legally sufficient claims, or in the alternative, for a protective order staying discovery regarding punitive damages until after a determination has been made whether punitive damages are appropriate. Plaintiffs oppose this motion, and urge that defendants be directed to comply with plaintiffs' discovery demands 72 hours after the Jury Determination.*fn1 This motion was prompted by plaintiffs' Second Notice of Discovery and Inspection and Second Set of Interrogatories to defendants seeking financial information about defendants that would purportedly be needed only to determine the amount of punitive damages that should be awarded.