He orders the next needed step and leaves later questions open
Justice Cohen limited disclosure to the unresolved question, sometimes restricting who could first see the documents. He left later decisions about wider disclosure, confidentiality and use of evidence until the needed information was available.
Preparation point
Propose the next necessary step and identify the questions it would leave open.
How it played outSituation, action, outcome
- The situation
- A party requested broad records before showing their connection to the disputed issue.
- What he did
- Ordered limited disclosure or use of evidence and left later questions open.
- What made a difference
- Late production cost a party further discovery, even where the evidence had some permitted uses.
In his words1 quote
“The Court will defer on the appropriate instruction (if any) until trial.”
Greason v Nahmad, printed p. 5. He postponed deciding a jury instruction after rejecting an inference that the painting was stolen.
In the cited cases3 rulings
YH Lex limited settlement-related records by date. New facts could support another request; broad business-record discovery was refused.
TCW ordered settlement and insurance records, with initial lawyers-only access to the settlement. Their effect on fee recovery remained undecided.
Greason allowed limited use of an old note. He left any unfavorable jury instruction until trial and denied more discovery to those who produced it late.