Eletson Holdings Inc. and Eletson Corporation, Cross-Respondents, -v- Levona...

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sanne KK DATE FILED:__ 9/8/2025 ELETSON HOLDINGS INC. and ELETSON : CORPORATION, : Cross-Respondents, : 23-cv-7331 (LJL) -v- : ORDER LEVONA HOLDINGS LTD., : Cross-Petitioner, : and : APARGO LIMITED, FENTALON : LIMITED, and DESIMUSCO TRADING : LIMITED, : Intervenors. : wee KX LEWIS J. LIMAN, United States District Judge: By no later than September 12, 2025, Reed Smith LLP (“Reed Smith”) is directed to produce documents 1—28 on Exhibit A to the letter of Levona Holdings Ltd. (“Levona”) of August 30, 2025. Dkt. No. 581-1. As to those documents, Levona has presented ““evidence sufficient to support a reasonable belief that in camera review may yield evidence that establishes the exception’s applicability.” United States v. Zolin, 491 U.S. 554, 574-75 (1989).

The Court has considered the facts and circumstances of the case, the volume of materials it has been asked to review, the relative importance of the allegedly privileged information, and the likelihood that the evidence reviewed in camera will establish the applicability of the crime- fraud exception. /d. at 572. Levona’s request that the Court review documents 29 and 30 is denied. In addition, Reed Smith’s request to submit ex parte an explanation as to why the crime- fraud exception does not apply to each document is granted. Reed Smith may submit one paragraph of no more than eight sentences for each of the twenty-eight documents. a bet = Dated: September 8, 2025 gle MO en New York, New York LEWIS J. LIMAN United States District Judge