Feingold et al v. Cardinale et al
| David Feingold and Michael Dazzo |
| Richard Cardinale, Vania Cardinale, RVCNY LLC and RVCVSI LLC |
| 1:2023cv23002 |
| August 9, 2023 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Contract: Other |
| None |
Docket Report
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| Filing 38 MOTION to Quash Subpoena Duces Tecum and Ad Testificandum, dated August 18, 2022, and revised August 24, 2023 (ECF No. 138-1) by Durham Homes LLC. Attorney Daniel Gielchinsky added to party Durham Homes LLC(pty:mov). Associated Cases: 1:22-cv-20375-RKA, 1:23-cv-23000-RKA, 1:23-cv-23002-RKA, 1:23-mc-22999-RKA, 1:23-mc-23001-RKA(Gielchinsky, Daniel) |
| Filing 37 NOTICE of Compliance With August 9, 2023 Order of the Honorable Timothy M. Cain (U.S. District Court, District of South Carolina) by Richard Cardinale. Attorney John Luger McManus added to party Richard Cardinale(pty:dft). (Attachments: #1 Exhibit Exhibit 1 - Revised Requests to Durham Homes, LLC, #2 Exhibit Exhibit 2 - Revised Requests to Blackstream LLC, #3 Exhibit Exhibit 3- Revised Requests to Broadstreet, Inc.) Associated Cases: 1:22-cv-20375-RKA, 1:23-cv-23000-RKA, 1:23-cv-23002-RKA, 1:23-mc-22999-RKA, 1:23-mc-23001-RKA (McManus, John) |
Filing 36
ORDER of Consolidation: Case is Consolidated with 23-cv-23002-RKA, 23-mc-23001-RKA, 23-cv-23000-RKA, and 23-mc-22999-RKA; Administratively Closing Cases 23-cv-23002-RKA, 23-mc-23001-RKA, 23-cv-23000-RKA, and 23-mc-22999-RKA. Signed by Judge Roy K. Altman on 8/15/2023. See attached document for full details. Associated Cases: 1:22-cv-20375-RKA, 1:23-cv-23000-RKA, 1:23-cv-23002-RKA, 1:23-mc-22999-RKA, 1:23-mc-23001-RKA (ls)
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| Civil Case Terminated. Closing Case. (ls) |
| Filing 34 Bar Letter re: Admissions sent to attorney Irwin Weltz, Lauren S Price, Lewis Walter Tollison, III, Gregory J English, Rita Bolt Barker, William Stevens Brown, mailing date August 10, 2023, (pt) |
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Filing 35
ORDER TRANSFERRING CASE to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid for all further proceedings, accepted and signed on 8/10/2023. Judge Rodolfo A. Ruiz, II no longer assigned to case. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2023. See attached document for full details. (nan)
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| Filing 33 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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 32 Case transferred in from South Carolina; Case Number 6:23-cv-02345. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 30 TEXT ORDER: On August 9, 2023, the undersigned held a hearing on Movant Maxine A. Turner's Motion to Quash (ECF No. #1 ), along with three other motions to quash pending before the court, all of which arise from subpoenas issued by Defendant 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"). (ECF No. 29 ). During the hearing, both counsel for the Movants and counsel for Defendants indicated their consent to have these motions transferred to the Southern District of Florida. Additionally, 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 these matters, including the extensiveness of the motions to quash and the subpoenas at issue, and the consent of the parties, the court finds these matters raise the kind of exceptional circumstances contemplated by Rule 45(f). Accordingly, the court concludes these motions are more properly brought before the issuing court and hereby directs the Clerk of Court to TRANSFER the cases to the United States District Court for the Southern District of Florida.Furthermore, Defendants are DIRECTED to file with the Florida court supplements to the subject subpoenas, streamlining their requests within fifteen (15) days. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 8/9/23. (kmca) |
| Filing 29 Minute Entry. Proceedings held before Honorable Timothy M Cain: Motion Hearing held on 8/9/2023 re (1 in 6:22-cv-03366-TMC) MOTION to Quash filed by Durham Homes LLC, (1 in 6:22-cv-03390-TMC) MOTION to Quash filed by Blackstream LLC, (1 in 6:23-cv-02345-TMC) MOTION to Quash filed by Maxine A Turner, (1 in 6:22-cv-03365-TMC) MOTION to Quash filed by Broadstreet Inc. Court Reporter Teresa Johnson. Associated Cases: 6:22-cv-03365-TMC, 6:22-cv-03366-TMC, 6:22-cv-03390-TMC, 6:23-cv-02345-TMC(abuc) |
| Filing 28 TEXT ORDER granting (38) Motion to Appear Pro Hac Vice in case 6:22-cv-03366-TMC; granting (47) Motion to Appear Pro Hac Vice in case 6:22-cv-03365-TMC; granting (36) Motion to Appear Pro Hac Vice in case 6:22-cv-03390-TMC; granting (27) Motion to Appear Pro Hac Vice in case 6:23-cv-02345-TMC. Attorney John L McManus added for Defendants. Entered at the direction of the Honorable Timothy M Cain on 8/9/23.Associated Cases: 6:22-cv-03365-TMC, 6:22-cv-03366-TMC, 6:22-cv-03390-TMC, 6:23-cv-02345-TMC(kmca) |
| Filing 27 MOTION to Appear Pro Hac Vice by John L. McManus ( Filing fee $ 350 receipt number ASCDC-11254948) by Richard Cardinale, Vania Cardinale, RVCNY LLC, RVCVSI LLC. Response to Motion due by 8/22/2023. 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 Application/Affidavit for Pro Hac Vice Admission)No proposed order.(Brown, William) Modified on 8/9/2023: to add filers as verified by filing user (kmca). |
| Filing 25 NOTICE OF RESCHEDULED HEARING - LOCATION CHANGE ONLY: Motion Hearing set for Wednesday, 8/9/2023, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson CANCELLED AND RESCHEDULED to: Motion Hearing set for 8/9/2023 10:00 AM in Greenville #6100, Carroll A Campbell Jr Courthouse, 250 East North St, Greenville before Honorable Timothy M Cain. NOTE: POWER OUT IN ANDERSON COURTHOUSE. Associated Cases: 6:22-cv-03365-TMC, 6:22-cv-03366-TMC, 6:22-cv-03390-TMC, 6:23-cv-02345-TMC(kmca) |
| Filing 23 TEXT ORDER granting #21 Motion to Appear Pro Hac Vice. Attorney Irwin Weltz added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 8/8/23.(kmca) |
| Filing 21 MOTION to Appear Pro Hac Vice by Irwin Weltz ( Filing fee $ 350 receipt number ASCDC-11251427) by Michael Dazzo, David Feingold. Response to Motion due by 8/21/2023. 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 Supporting Documents)No proposed order.(Tollison, Lewis) |
| Filing 20 Joint STATUS REPORT by Maxine A Turner, Richard Cardinale, Vania Cardinale, RVCNY LLC, RVCSI LLC, David Feingold, Michael Dazzo. (English, Gregory) Modified on 8/7/2023: to add joint filers as listed (kmca). |
| Filing 18 NOTICE OF RESCHEDULED HEARING on MOTION to Quash: Motion Hearing set for Monday, 7/10/2023, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain; CANCELLED AND RESCHEDULED to: Motion Hearing set for Wednesday, 8/9/2023, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (kmca) |
| Filing 16 TEXT ORDER granting #15 Joint Motion to Continue and Stay Deadlines. The parties have jointly moved to continue the hearing on Movant Maxine Turner's motion to quash (ECF No. #1 ) currently scheduled for July 18, 2023 (ECF No. 12 ), and to stay all deadlines in this matter based on an order from the United States District Court for the Southern District of Florida entered in the underlying action, Feingold et al. v. Cardinale et al., C/A No. 1:22-cv-203754-RKA (ECF No. #15 -1). In its order, the Florida court stayed all deadlines and administratively closed the case to allow the parties thirty (30) days in which to reach a global settlement. (ECF Nos. #15 at 2; #15 -1). The court agrees with the Florida court and finds it appropriate to grant the parties' motion to continue the hearing and stay all current deadlines in this matter so the parties may work towards resolving the matters raised in this case. Accordingly, the parties' joint motion (ECF No. #15 ) is GRANTED and all further action in this case is STAYED until August 7, 2023. Additionally, the hearing on Movant's motion to quash (ECF Nos. #1 ; 12 ) shall be CONTINUED and, if the parties are unable to reach a global settlement, shall be RESCHEDULED for August 9, 2023, at 10:00a.m. Finally, the parties shall file a joint status report on or before August 7, 2023, indicating whether a global settlement has been reached. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 7/12/23.(kmca) |
| Filing 15 Joint MOTION to Continue and Stay Deadlines by Richard Cardinale, Vania Cardinale, RVCNY LLC, RVCVSI LLC, David Feingold, Michael Dazzo, Maxine A Turner. Response to Motion due by 7/24/2023. 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 Exhibit A - 7.9.23 Florida Paperless Order)No proposed order.(Brown, William) Modified on 7/11/2023: to add joint filers as listed (kmca). |
| Filing 13 NOTICE of Appearance by Lewis Walter Tollison, III on behalf of Michael Dazzo, David Feingold (Tollison, Lewis) |
| Filing 12 NOTICE OF RESCHEDULED HEARING on MOTIONS to Quash: Motion Hearing set for Monday, 7/10/2023, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. CANCELLED AND RESCHEDULED to: Motion Hearing set for Tuesday, 7/18/2023, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. Associated Cases: 6:22-cv-03365-TMC, 6:22-cv-03366-TMC, 6:22-cv-03390-TMC, 6:23-cv-02345-TMC(kmca) |
| Filing 10 NOTICE of Hearing on Motions: MOTION to Quash, ( #1 in 6:22-cv-03365-TMC), ( #1 in 6:22-cv-03366-TMC), ( #1 in 6:22-cv-03390-TMC), ( #1 in 6:23-cv-02345-TMC): Motion Hearing set for Monday, 7/10/2023, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. The court will rule on these motions based on the extensive briefing and arguments of the lawyers. Additionally, each movant will be limited to twenty (20) minutes in which to make their arguments to the court. Defendant will be limited to thirty (30) minutes total to respond to all motions.Associated Cases: 6:22-cv-03365-TMC, 6:22-cv-03366-TMC, 6:22-cv-03390-TMC, 6:23-cv-02345-TMC(kmca) |
| Filing 8 REPLY to Response to Motion re #1 MOTION to Quash Response filed by Maxine A Turner. (Attachments: #1 Exhibit Reply Declaration of Maxine A. Turner)(English, Gregory) |
| Filing 7 TEXT ORDER granting #6 Consent Motion for Extension of Time to File Reply re #1 MOTION to Quash. Reply due by 6/13/2023. Entered at the direction of the Honorable Timothy M Cain on 6/2/23.(kmca) |
| Filing 6 Consent MOTION for Extension of Time to File Response/Reply as to #2 Response in Opposition to Motion,,,,,,,,,,,,, TO QUASH by Maxine A Turner. Response to Motion due by 6/15/2023. 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. No proposed order.(English, Gregory) |
| Filing 5 NOTICE OF CHANGE OF CASE NUMBER from Miscellaneous Case Number 6-23-mc-326-TMC to Civil Case Number 6-23-cv-2345-TMC. Please make a note of this for all future filings. (kmca) |
| Filing 2 RESPONSE in Opposition re #1 MOTION to Quash Response filed by Richard Cardinale.Reply to Response to Motion due by 6/6/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 Opinion from Court of Chancery re managers, #2 Exhibit 2 Cardinale Declaration with Exhibits 1-23, #3 Exhibit 3 McManus Declaration with Exhibits A-C, #4 Exhibit 4 - James R. Hitchner, FINANCIAL VALUATION: APPLICATIONS AND MODELS, #5 Exhibit 5 - Shannon Pratt et al., VALUING A BUSINESS: THE ANALYSIS AND APPRAISAL OF CLOSELY HELD COMPANIES, #6 Exhibit 6 - Shannon Pratt, The Lawyers Business Valuation Handbook: Understanding Financial Statements, Appraisal Reports, and Expert Testimony, #7 Exhibit 7 - UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE & ADVISORY OPINIONS, Standards Rule 9-4(a)-(b): 72 (2006), #8 Exhibit 8 - Excerpted Deposition of David Feingold, #9 Exhibit 9 - March 22, 2021 Koah Orth email, #10 Exhibit 10 - October 16, 2020 Feingold text to Dazzo and Cardinale, #11 Exhibit 11 - July 14, 2021 Blackstream Development Progress Report Culvers Duncan, #12 Exhibit 12 - October 5, 2021 Feingold text to Dazzo and Cardinale, #13 Exhibit 13 - July 13, 2021 Blackstream Development Progress Report, #14 Exhibit 14 - June 2, 2021 Turner email to Dazzo and others, #15 Exhibit 15 - March 25, 2021 Turner email to Dazzo and others, #16 Exhibit 16 - May 25, 2021 Turner email to Dazzo, #17 Exhibit 17 - March 22, 2021 Ford Elliott email to Koah Orth, #18 Exhibit 18 - May 27, 2021 Dazzo to Josh Howard email, #19 Exhibit 19 - June 7, 2021 Turner email to Dazzo, #20 Exhibit 20 - September 14, 2021 Turner email to Dazzo, #21 Exhibit 21 - September 14, 2021 Dazzo to Turner, #22 Exhibit 22 - December 22, 2020 Feingold email to Cardinale and Dazzo, #23 Exhibit 23 - August 11, 2020 Feingold email to Dazzo, #24 Exhibit 24 - December 17, 2020 Title to Real Estate to Anderson Ridge Development, LLC with Exhibit A, #25 Exhibit 25 - April 8, 2020 Blackstream Total Funding Forecast to Feingold with Gap Creek bills, #26 Exhibit 26 - October 8, 2020 Letter of Intent between D.R. Horton and Blackstream, #27 Exhibit 27 - May 11, 2021 Letter of Intent for $21,700,000 loan with Exhibits A-C, #28 Exhibit 28 - November 3, 2021 Mortgage, Assignment of Rents, Security Agreement and Fixture Filing with Exhibit A, #29 Exhibit 29 - March 23, 2023 Title to Real Estate from Gap Creek Group, LLC to D.R. Horton, Inc. with Exhibit A, #30 Exhibit 30 - October 26, 2022 Partial Release of Mortgage by Lot SP IV, LLC to Wilson Bridge, #31 Exhibit 31 - September 25, 2020 Feingold email to Cardinale and Dazzo, #32 Exhibit 32 - October 8, 2020 Feingold email to Dazzo and Cardinale with Exhibit A, #33 Exhibit 33 - Excerpted Summary: Sources & Uses (Proforma) for Harper Land Farm, #34 Exhibit 34 - October 10 2020 Feingold email to Cardinale and Dazzo, #35 Exhibit 35 - October 8, 2020 Cardinale to Feingold, #36 Exhibit 36 - October 10, 2020 Feingold email to Cardinale and Dazzo, #37 Exhibit 37 - Excerpted Deposition of Richard Cardinale, #38 Exhibit 38 - Confidentiality Order from Florida Action)(Brown, William) Modified on 5/31/2023: to add text to attachments (with Exhibits...) (kmca). |
| Filing 1 MOTION to Quash Subpoena (Filing fee $49 receipt number ASCDC-11104291), by Maxine A Turner. Response to Motion due by 5/30/2023. 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 Declaration of Maxine A. Turner, #3 Exhibit A - Maxine Turner Subpoena, #4 Declaration of Joshua L. Howard, #5 Exhibit A - Second Amended Complaint, #6 Exhibit B - Order on Davick Subpoena, #7 Exhibit C - Orders on Titan subpoenas, #8 Exhibit D - FTC Settlement, #9 Exhibit E - NYAG Complaint, #10 Exhibit F - Giardina's Deposition and other Court decisions, #11 Exhibit G - Order on Sequencing Motion, #12 Exhibit H- Delaware Dismissal, #13 Exhibit I - RC Investor Update)No proposed order.(kmca) |
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