HSH Nordbank AG New York Branch v. Swerdlow

OPINION AND ORDER

GERARD E. LYNCH, District Judge.

Plaintiff HSH Nordbank AG New York Branch (“Nordbank”), as administrative *68agent for five lenders (“non-party lenders”),1 brings this breach of contract action against defendants Michael Swerdlow, Brian Street, and James Cohen, seeking to enforce various guarantees of a $192 million loan. By letter dated June 9, 2009, the parties seek judicial resolution of a dispute that has arisen during the course of discovery. For the reasons discussed below, Nordbank’s request for relief is granted in part and denied in part.

BACKGROUND

I. The Dispute

The…