Docs. 282 and 283 and attachments now on the docket:
282 - Correction by IH (not informative)
283 - Appeal of Magistrate's ruling that Zalli Jaffe's emails are privileged
283.01 - Full transcript of discovery hearing on 2017-02-23 (Magistrate Sullivan)
283.02 - Full transcript of discovery hearing on 2017-05-09 (Magistrate Sullivan)
283.03 - Full transcript of discovery hearing on 2017-04-20 (Magistrate Sullivan)
283.04 - Darden email to Zalli Jaffe and Uzi Sha giving contact info of JMP/Rossi/Fabiani
283.05 - Levi's unsworn declaration that he felt pressured by Uzi Sha
283.06 - Darden deposition stating that he told Rossi prior to January 2014 that GPT performance could not occur
This appeal by Rossi has been addressed by the Magistrate three times in deposition hearings, and once by Judge Altonaga, where she referred the issue back to the Magistrate on procedural basis (without prejudice). The Magistrate ruled (multiple times) that the Zalli Jaffe emails are privileged. So now Rossi is appealing to Judge Altonaga, hoping that she will over-rule Magistrate Sullivan's decision.
Rossi (meaning his lawyers) are trying to establish that Darden committed perjury by saying that he told Rossi, some time prior to January 2014, that there was no possibility of accomplishing GPT performance, implying that there is some information in the Zalli emails stating that IH had not told Rossi that this is not the GPT. Rossi further alleges that Uzi Sha tried to bribe Levi, thus causing 'witness tampering' which should prevent attorney-client privilege of the Jaffe emails.
IH (successfully) argued to Magistrate Sullivan several points regarding why Rossi's arguments were without merit. They argued that there is no explicit bribery of Levi, that he is not a witness in the case, and that the timing makes it irrelevant as well. And specifically, in response to the perjury claim, that the time frames mentioned in the Zalli email (which we do not have access to because of attorney client privilege) were quite different resulting in them being taken out of context, as they were claimed by IH's lawyer to be regarding the Doral test, where there had already been clear communication that this could not be the GPT.
Also, from the transcript in 283-03, we have the full text of the Magistrate's deliberation regarding spoliation, where the Magistrate denies IH's motions for sanctions (where IH essentially asked the Magistrate to toss Rossi's case against IH).