Feingold et al v. Cardinale et al
| David Feingold and Michael Dazzo |
| Richard Cardinale, Vania Cardinale, RVCNY LLC and RVCVSI LLC |
| 1:2023mc22999 |
| August 9, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Contract: Other |
| None |
Docket Report
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| Filing 58 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 57 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 56
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) |
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Filing 55
ORDER OF TRANSFER. TRANSFERRING CASE to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid for all further proceedings, accepted and signed on 8/14/2023. Judge Beth Bloom no longer assigned to case Signed by Judge Beth Bloom on 8/10/2023. See attached document for full details. (nwn)
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| Filing 54 Bar Letter re: Admissions sent to attorney Irwin Weltz, Lauren S Price, Lewis Walter Tollison, III, Gregory J English, Rita Bolt Barker, Stuart Shalom Zisholtz, William Stevens Brown, mailing date August 10, 2023, (pt) |
| Filing 53 Clerks Notice of Judge Assignment to Judge Beth Bloom. (jua) |
| Filing 52 Case transferred in from South Carolina; Case Number 6:22-cv-03365. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 50 TEXT ORDER: On August 9, 2023, the undersigned held a hearing on Movant Broadstreet Inc.'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. 49 ). 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 49 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 48 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 47 MOTION to Appear Pro Hac Vice by John L. McManus ( Filing fee $ 350 receipt number ASCDC-11254968) 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 46 NOTICE of Appearance by Rita Bolt Barker on behalf of Broadstreet Inc (Barker, Rita) |
| Filing 44 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 42 TEXT ORDER granting #40 Motion to Appear Pro Hac Vice. Irwin Weltz added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 8/8/23.(kmca) |
| Filing 40 MOTION to Appear Pro Hac Vice by Irwin Weltz ( Filing fee $ 350 receipt number ASCDC-11251316) 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 39 Joint STATUS REPORT by Broadstreet Inc, Richard Cardinale, Vania Cardinale, RVCNY LLC, and RVCSI LLC, David Feingold, Michael Dazzo. (English, Gregory) Modified on 8/7/2023: to add joint filers as listed (kmca). |
| Filing 37 NOTICE OF RESCHEDULED HEARING on MOTION to Quash: 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; 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 35 TEXT ORDER granting #33 Joint Motion to Continue and Stay Deadlines. The parties have jointly moved to continue the hearing on Movant Broadstreet Inc.'s motion to quash (ECF No. #1 ) currently scheduled for July 18, 2023 (ECF No. 24 ), 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. #33 -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. #33 at 2; #33 -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. #33 ) 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 ; 24 ) 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 33 Joint MOTION to Continue and Stay Deadlines by Richard Cardinale, Vania Cardinale, RVCNY LLC, RVCVSI LLC, David Feingold, Michael Dazzo, Broadstreet Inc. 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 31 NOTICE of Appearance by Lewis Walter Tollison, III on behalf of Michael Dazzo, David Feingold (Tollison, Lewis) |
| Filing 30 STATUS REPORT by Richard Cardinale, Vania Cardinale, RVCNY LLC, RVCVSI LLC. (Attachments: #1 Exhibit A - Status of Discovery re Florida Action, #2 Exhibit B - FL Docket Sheet, #3 Exhibit C - So District FL Second Amended Complaint, #4 Exhibit D - So District FL Defendants' Motion to Dismiss 2nd Amended Complaint, #5 Exhibit E - So District FL Reponse in Opposition to Motion to Dismiss 2nd Amended Complaint, #6 Exhibit F - So District FL Defendants' Reply IFSO Motion to Dismiss, #7 Exhibit G - So District FL Order Granting Plaintiffs Motion for Order Re Seq. of Discovery, #8 Exhibit H -So District FL Order on Davick Capital's Motion to Quash and for PO, #9 Exhibit I - So Dist FL Order on Titan Communications' Motion to Quash and for PO, #10 Exhibit J - SO Dist FL Paperless Order re 6.15.23 Discovery Hearing - Titan Dep)(Brown, William) |
| Filing 28 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 27 TEXT ORDER granting the parties' #26 Joint Motion to Continue the hearing currently scheduled for July 10, 2023 (ECF No. 24 ). The hearing shall be rescheduled for July 18, 2023 at 10:00 a.m. The court notes, however, that prior to scheduling the hearing, no requests for protection from court appearance pursuant to Local Rule 6.02 (D.S.C.) had been filed. Accordingly, the court directs the parties to comply with Local Rule 6.02 going forward and the court is not inclined to continue any future proceedings scheduled in the absence of such requests absent a showing of extraordinary circumstances. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 6/29/23.(kmca) |
| Filing 26 Joint MOTION to Continue Hearing by Broadstreet Inc, Richard Cardinale. Response to Motion due by 7/12/2023. 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) Modified on 6/28/2023: to add joint filer as listed (kmca). |
| Filing 24 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 23 TEXT ORDER: Pending before the court is Movant Broadstreet Inc.'s Motion to Quash Subpoena (ECF No. #1 ) issued by Defendants Richard Cardinale, Vania Cardinale, RVCNY LLC, and RVCSI LLC (collectively, "Defendants") in 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"). In order to rule on the motion to quash, the court hereby DIRECTS Defendants to file a status report on or before Friday, June 30, 2023 as to the status of the Florida Action, setting forth (1) the status of discovery in the Florida Action, including any depositions that have been taken or are scheduled to be taken, (2) a copy of the docket sheet, (3) a copy of the operative pleadings, and (4) any discovery orders, including orders on motions to quash or to compel compliance with subpoenas, that have been entered to date in the case. Defendants shall also mail a courtesy copy of their status report and any attachments thereto to the undersigneds chambers at The G. Ross Anderson Federal Courthouse, 315 South McDuffie Street, 2nd Floor, Anderson, South Carolina 29624. Finally, Defendants shall promptly supplement their status report with any changes to the matters addressed therein up until the time the court holds a hearing on the motion to quash (ECF No. #1 ). IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 6/22/23. (kmca) |
| Filing 22 OBJECTIONS by Richard Cardinale to #21 Supplement,. (Brown, William) |
| Filing 21 SUPPLEMENT Notice of Subsequent Authority by Broadstreet Inc to #1 MOTION to Quash. (Attachments: #1 Exhibit A - Order on Sequencing, #2 Exhibit B - Davick Order, #3 Exhibit C - Titan Order)(English, Gregory) Modified on 10/26/2022: to remove duplicate text (exhibit exhibit) (kmca). Modified on 11/2/2022: to add text (kmca). |
| Filing 20 TEXT ORDER granting #19 Motion to Appear Pro Hac Vice. Attorney Stuart S. Zisholtz added for movant Broadstreet Inc. Entered at the direction of the Honorable Timothy M Cain on 10/24/22.(kmca) |
| Filing 19 MOTION to Appear Pro Hac Vice by Stuart S. Zisholtz ( Filing fee $ 350 receipt number ASCDC-10761856) by Broadstreet Inc. Response to Motion due by 11/4/2022. 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 Application for Admission Pro Hac Vice, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(English, Gregory) (Attachment 1 replaced on 10/24/2022: to replace with corrected document as provided by filing user) (kmca). |
| Filing 18 Richard Cardinale's Notice of Errata re: #8 Response in Opposition to Motion. (Brown, William) Modified on 10/11/2022 to edit text (alew, ). |
| Filing 17 REPLY to Response to Motion re #1 MOTION to Quash Response filed by Broadstreet Inc. (Attachments: #1 Exhibit Declaration of Steven Baldassarra with Exhibits A - D)(English, Gregory) Modified on 10/19/2022: to add text (Exhibits A-D) (kmca). |
| Filing 16 TEXT ORDER. On September 9, 2022, Broadstreet Inc. initiated these proceedings by filing a Motion to Quash a Subpoena issued in connection with ongoing litigation pending in the United States District Court for the Southern District of Florida. (ECF No. #1 ). On September 27, 2022, Richard Cardinale, a defendant in the South Florida litigation, filed a response in opposition to the Motion to Quash. (ECF No. #8 ). Broadstreet's reply is due by October 4, 2022.On October 3, 2022, Broadstreet filed a Motion to Stay proceedings in the instant case before this court "until 14 days after the discovery stay in the Florida Action is lifted" or, alternatively, to extend the deadline for filing a reply to Cardinale's response in opposition to the Motion to Quash until "at least October 18, 2022." (ECF No. #13 ). Counsel for Broadstreet certifies that he consulted with opposing counsel who declined to consent to either a stay or an extension of time to file the reply. Id. at 2. That same day, Cardinale filed his response in opposition to the motion to stay or extend the reply deadline, asserting that the issue before this court - i.e., whether to quash Cardinale's subpoena to Broadstreet - is distinct from the purpose of the discovery stay in the Florida District Court, which is to determine the proper sequencing of discovery. (ECF No. #15 at 3-4). As such, Cardinale asserts that "any decision... this Court makes will not impact the decision being made by the court in the Underlying Case" and vice versa. Id. at 4. Cardinale, therefore, argues there is no reason to delay Broadstreet's reply deadline or stay the issues in this case. See id. at 4-5.The court agrees with Cardinale - the issues before this court are distinct and separate from those before the District Court in Florida and, as such, a stay of this action pending the discovery stay in the underlying litigation is unnecessary and will cause unnecessary delay to the resolution of this matter. Accordingly, the court DENIES Broadstreet's motion to the extent it seeks a stay of this action. (ECF No. #13 ). Given that Broadstreet's reply in support of its Motion to Quash is currently due today, October 4, 2022, the court GRANTS in part Broadstreet's request for an extension of time to file its reply and Broadstreet must file its reply no later than Friday, October 7, 2022. Id. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 10/4/22.(kmca) |
| Filing 15 RESPONSE in Opposition re #13 MOTION to Stay re #1 MOTION to Quash or for Extension MOTION for Extension of Time Response filed by Richard Cardinale.Reply to Response to Motion due by 10/11/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Order Staying Discovery)(Brown, William) |
| Filing 13 MOTION to Stay re #1 MOTION to Quash or MOTION for Extension, by Broadstreet Inc. Response to Motion due by 10/17/2022. 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 Stay Order and Hearing Transcript)No proposed order.(English, Gregory). Added MOTION for Extension of Time on 10/3/2022: to add additional relief listed (kmca). |
| Filing 12 NOTICE OF CHANGE OF CASE NUMBER to 6-22-cv-3365-TMC (Broadstreet) from Miscellaneous Case Number 6-22-mc-534-TMC (Broadstreet). Please make a note of this for all future filings. (kmca) |
| Filing 9 DELETION OF DOCKET ENTRY NUMBER #5 Notice of Appearance and #6 Response in Opposition. Reason: re-filed by attorney to correct movant and case number. Corrected Filing Document Number #7 Notice of Appearance, #8 Response in Opposition. Re-filed same date as original filing: 9/27/22. Response due date same date as original filing: 10/4/22. (kmca) Modified on 9/28/2022: to correct typo (docket numbers of first filing (#5 and #6)) (kmca). |
| Filing 8 RESPONSE in Opposition re #1 MOTION to Quash Response filed by Richard Cardinale.Reply to Response to Motion due by 10/4/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit 1 - Declaration of Richard Cardinale -, #2 Exhibit 1 to Declaration - Photo, #3 Exhibit 2 to Declaration - 2022-02-03 S. Cohen to D. Feingold re Notice of Resignation Communication, #4 Exhibit 2 - First Amended Complaint, #5 Exhibit 3 - Disc Responses of Feinfold and Dazzo, #6 Exhibit 4 - 9.21.22 Trial Order, #7 Exhibit 5 - 8.31.22 Joint Scheduling Report)(Brown, William) (Attachment 3 replaced on 9/28/2022: to replace with corrected document (legible) as provided by filing user) Modified on 9/28/2022: to add text (Exhibit 1 & 2 "to Declaration") (kmca). Modified on 10/11/2022; see #18 Richard Cardinale's Notice of Errata filed 10/7/22 (alew, ). |
| Filing 7 NOTICE of Appearance by William Stevens Brown on behalf of Richard Cardinale (Brown, William) |
| Filing 3 CERTIFICATE OF SERVICE by Broadstreet Inc re #1 MOTION to Quash (English, Gregory) |
| Filing 1 MOTION to Quash Subpoena (Filing fee $49 receipt number ASCDC-10690067) by Broadstreet Inc. Response to Motion due by 9/23/2022. (Attachments: #1 Memo in Support, #2 Declaration of Steven Baldassarra with exhibits)No proposed order.(kmca) (Attachment 2 replaced on 9/12/2022: to replace with corrected document as request by and provided by filing user) (kmca). Modified on 10/26/2022: See #21 Supplement (kmca). |
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