Feingold et al v. Cardinale et al
| David Feingold and Michael Dazzo |
| Richard Cardinale, Vania Cardinale, RVCNY LLC and RVCVSI LLC |
| 1:2023cv22323 |
| June 23, 2023 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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Filing 10
PAPERLESS ORDER: Previously, 9 the Court denied Movant Richard Cardinale's #1 motion to compel compliance with a subpoena of a non-party, without prejudice, because he failed to confer as required by the Court's Local Rules. Nearly three weeks have passed since the Court entered that order and the Movant has not refiled his motion. Since that motion represents the sole relief sought in this case, transferred from the United States District Court for the District of South Carolina, and because there is now no pending controversy before the Court, the Court directs the Clerk to administratively close this case. If the Movant seeks to renew his motion, he must do so by initiating a new case in this District. If his case is randomly assigned to a different district judge, the undersigned will accept transfer of the new case should that judge seek transfer it. Signed by Judge Robert N. Scola, Jr. (kbe)
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Filing 9
PAPERLESS ORDER denying, without prejudice, #1 the Defendant's motion to compel compliance with a subpoena of a non-party. This motion has been transferred to this Court, as the Court issuing the subpoena, from the United States District Court for the District of South Carolina based on exceptional circumstances as described in Federal Rule of Civil Procedure 45(f). Because this matter is now before the Southern District of Florida, the parties must comply with this Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The purpose of the rule is to ensure judicial economy, prevent courts from wasting time evaluating issues the parties might be in agreement on, inform the Court as to whether it need wait for a response from the opposing party before deciding the motion, and, importantly, force the parties to engage in the meaningful exchange of information and viewpoints. See, e.g., Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Because the Defendant's motion does not contain this pre-filing-conference certification and it does not appear that the Defendant has conferred with the targets of the subpoenasor even served themthe Court denies the Defendant's motion, without prejudice, subject to its refiling upon compliance with the Court's Local Rules. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 8 Bar Letter re: Admissions sent to attorney William Stevens Brown, mailing date June 23, 2023, (pt) |
| Filing 7 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 6 Case transferred in from South Carolina; Case Number 6:23-cv-02931. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 4 TEXT ORDER: On June 16, 2023, Defendant and "Ex Parte Movant" Richard Cardinale ("Cardinale") initiated this miscellaneous action by filing a motion to compel non-parties Century Restaurant Group I, LLC, Century Restaurant Group II, LLC, Century Restaurant Group RE I, LLC, and Century Restaurant Group RE II, LLC (collectively, the "Culver's Entities") to comply with subpoenas issued by Cardinale in connection with an action pending in the United States District Court for the Southern District of Florida, Feingold et al. v. Cardinale et al., C/A No. 1:22-cv-203754-RKA (the "Florida Action"). Although it is unclear from Cardinale's motion and memorandum in support, the court assumes this motion is made pursuant to Federal Rule of Civil Procedure 45(d)(1)(B)(i), which provides that, "on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection." As an initial matter, the court notes that the motion is defective in that Cardinale has failed to file any certificate of service indicating the Culver's Entities have been put on notice of the motion to compel as required by Rule 45(d)(1)(B)(i). Furthermore, Rule 45(f) permits that, "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court... if the court finds exceptional circumstances." Given the complexity of this matter, particularly the nature of the relationships between Cardinale and the Culver's Entities and how such relationships relate to the claims in the Florida Action, as well as the extensiveness of the motion and the subpoenas at issue - the motion and supporting documents exceed 800 pages, more than 230 of which are just the subpoenas issued by Cardinale to the Culver's Entities, see (ECF Nos. #1 through 1-47) - the court finds this matter raises the kind of exceptional circumstances contemplated by Rule 45(f). Accordingly, the court concludes this motion is more properly brought before the issuing court and hereby directs the Clerk of Court to assign this action a civil case number and to TRANSFER the case to the United States District Court for the Southern District of Florida. Cardinale shall serve the Culver's Entities with a copy of this order. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 6/22/23. (kmca) |
| Filing 3 NOTICE OF CHANGE OF CASE NUMBER to 6-23-cv-2931-TMC from Miscellaneous Case Number 6-23-mc-413-TMC. (kmca) |
| Filing 1 MOTION to Compel Compliance with Subpoena to Non-Party Culver's Restaurant Entities, by Richard Cardinale. (Filing fee $49 receipt number ASCDC-11160923) Response to Motion due by 6/30/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 Composite of Subpoenas to Culver's Restaurant Entities, #3 Exhibit 2 Composite of Objections by Culver's Restaurant Entities, #4 Exhibit 3 Opinion of Vice Chancellor Lori W. Will, Court of Chancery of the State of Delaware, #5 Exhibit 4 Declaration of Richard Cardinale dated March 3, 2023 with exhibits 1-23, #6 Exhibit 5 Excerpted Copy of Plaintiffs' Second Amended Complaint in the Florida Action, dated February 3, 2023, #7 Exhibit 6 Certificate of Organization for Alternative Global Five, LLC, #8 Exhibit 7 July 2, 2020 Operating Agreement for Alternative Global Five, LLC, #9 Exhibit 8 Excerpted Deposition of David Feingold, #10 Exhibit 9 Redacted November 20, 2020 Blackstream Development, LLC 2021 Business Plan, #11 Exhibit 10 Redacted October 31 2021 Alternative Global Five, LLC Bank Statement, #12 Exhibit 11 Redacted Composite of Outgoing Domestic Wire Records from Alternative Global Five, LLC to Blackstream Project Account, #13 Exhibit 12 Redacted January 19, 2022 Automatic Transfer Request from L3 Capital Income Fund to Alternative Global Five for $300,000, #14 Exhibit 13 Redacted Wire Transfer from Alternative Global Five LLC to Project Account., #15 Exhibit 14 Composite of Transfers from Alternative Global Four, LLC to Project Account, #16 Exhibit 15 Franchise Agreement, #17 Exhibit 16 October 16, 2020 Feingold text to Dazzo and Cardinale, #18 Exhibit 17 February 19, 2021 Articles of Organization of Century Restaurant Group I, LLC, #19 Exhibit 18 July 14 2021 Blackstream Development Progress Report Culver's Duncan, #20 Exhibit 19 October 5, 2021 Feingold text to Dazzo and Cardinale, #21 Exhibit 20 February 19, 2021 Century Restaurant Group RE I, LLC Articles of Organization, #22 Exhibit 21 Deed to Century Restaurant Group Group RE I, LLC, #23 Exhibit 22 July 13, 2021 Blackstream Development Progress Report, #24 Exhibit 23 July 13, 2021 Blackstream Development Progress Report, #25 Exhibit 24 June 16, 2021 Century Restaurant Group II, LLC Articles of Organization, #26 Exhibit 25 June 2, 2021 Turner email to Dazzo, #27 Exhibit 26 November 5, 2021 Articles of Organization for Century Restaurant Group RE II, LLC, #28 Exhibit 27 November 16, 2022 Deed to Century Restaurant Group Group RE II, LLC, #29 Exhibit 28 May 3, 2021 Feingold to Cardinale, #30 Exhibit 29 January 20, 2022 Excerpted Feingold email to Mormile, #31 Exhibit 30 March 25, 2021 Turner e-mail to Dazzo, #32 Exhibit 31 May 25, 2021 Turner e-mail to Dazzo, #33 Exhibit 32 March 22, 2021 Elliott email to Orth, #34 Exhibit 33 May 27, 2021 Dazzo email to Howard, #35 Exhibit 34 June 7, 2021 Turner email to Dazzo, #36 Exhibit 35 September 14, 2021 Turner to Dazzo e-mail, #37 Exhibit 36 September 14, 2021 Dazzo to Turner, #38 Exhibit 37 Excerpted December 22, 2020 Feingold email to Cardinale and Dazzo, #39 Exhibit 38 August 11, 2020 Feingold email to Dazzo, #40 Exhibit 39 Current Department of South Carolina Corporations Front Page for Each Corporation, #41 Exhibit 40 Affidavits of Michael E. Wallace reflecting service for Culver's Restaurant Entities, #42 Exhibit 41 James R. Hitchner, FINANCIAL VALUATION: APPLICATIONS AND MODELS, p. 13 (4th Ed.), #43 Exhibit 42 Shannon Pratt et al., VALUING A BUSINESS: THE ANALYSIS AND APPRAISAL OF CLOSELY HELD COMPANIES: 54 (3d ed 1996), #44 Exhibit 43 Shannon Pratt, THE LAWYER'S BUSINESS VALUATION HANDBOOK: UNDERSTANDING FINANCIAL STATEMENTS, APPRAISAL REPORTS, AND EXPERT TESTIMONY (2000), #45 Exhibit 44 UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE & ADVISORY OPINIONS, Standards Rule 9-4(a)-(b): 72 (2006), #46 Exhibit 45 Articles of Organization for Gulfstream Group, LLC, #47 Exhibit 46 Application to Transact Business for Contender Development, Inc)No proposed order.(kmca) |
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