Tag Archives: Magistrate Judge Peck

SDNY Selects Three New Magistrate Judges

The Southern District has announced three new magistrate judges, who will fill the seats being vacated by Magistrate Judges Francis, Ellis, and Peck later this year. Joining the bench will be Stewart Aaron, of Arnold & Porter Kaye Scholer; Robert Lehrburger, of Patterson Belknap Webb & Tyler; and Ona Wang, of Baker & Hostetler. For … Continue Reading

Judge Peck: “We Have a Deal” Email from Lenny Dykstra’s Lawyer Creates a Binding Settlement

In an order Friday, Judge Peck enforced as a binding contract the terms of a settlement negotiated over email in a case against former Mets star Lenny Dykstra.  The plaintiff managed Mr. Dykstra’s social media presence, including “dealing with the fallout from Dykstra’s boorish behavior,” and claims to have not been paid (see complaint here). … Continue Reading

Judge Peck Publishes, For Guidance to Practitioners, Parties’ Protocol for Technology-Assisted Document Review

Magistrate Judge Peck, a widely recognized expert on e-discovery, published an opinion today approving a stipulated protocol for technology-assisted review of documents (or “TAR”). The opinion is notable because it contains a clear statement supporting a party’s right to choose TAR: “the case law has developed to the point that it is now black letter … Continue Reading

Magistrate Judge Peck Denies Recusal Motion Relating to His Predictive Coding Advocacy

Magistrate Judge Peck today denied the plaintiffs’ rather aggressive motion to recuse him in the gender discrimination case that we have covered at length. Judge Peck first determined the motion was untimely. He then ruled that his participation in ediscovery conferences and general support for predictive coding were not grounds for recusal:… Continue Reading

Plaintiffs Hire Ethics Expert to File Amicus Brief In “Scorched Earth” Recusal Motion

The temperature was just raised again in the motion to recuse Magistrate Judge Peck from the gender discrimination class action in which he broke new ground by formally authorizing predictive coding, and in which he (unsuccesfully) warned the plaintiffs to cease their “scorched earth” litigation tactics. (For prior posts on the case, click here.). The … Continue Reading

Recusal Reply Cites Contentious Hearing Occurring After Recusal Motion

We blogged before about the well-publicized gender discrimination class action in which the plaintiffs, ignoring Magistrate Judge Peck’s warnings about “scorched earth” tactics, moved to recuse him, in part, for his advocacy of predictive coding. In their reply brief filed yesterday, the plaintiffs claim there is further support for the alleged appearance of bias from … Continue Reading

Lawyers Ignore Judge Peck’s Warning Against “Scorched Earth” Tactics and Move to Recuse Him

Magistrate Judge Peck issued a widely-publicized opinion in February endorsing the use of “predictive coding” — using computer algorithms to help identify relevant documents — in a gender discrimination class action. (See coverage, e.g., in Reuters, law.com, ABA Journal.) The plaintiffs sent Judge Peck scathing letter the following month asking that Judge Peck recuse himself … Continue Reading