Feingold et al v. Cardinale et al
| David Feingold and Michael Dazzo |
| Richard Cardinale, Vania Cardinale, RVCNY LLC and RVCVSI LLC |
| 1:2023mc23001 |
| 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 46 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 45 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 44
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 43
ORDER REASSIGNING CASE to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid for all further proceedings, Chief Judge Cecilia M. Altonaga no longer assigned to case Signed by Chief Judge Cecilia M. Altonaga on 8/10/2023. See attached document for full details. (pc)
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| Filing 42 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. (jua) |
| Filing 41 Case transferred in from South Carolina; Case Number 6:22-cv-03390. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 39 TEXT ORDER: On August 9, 2023, the undersigned held a hearing on Movant Blackstream LLC'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. 38 ). 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 38 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 37 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 36 MOTION to Appear Pro Hac Vice by John L. McManus ( Filing fee $ 350 receipt number ASCDC-11255039) 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 35 NOTICE of Appearance by Rita Bolt Barker on behalf of Blackstream LLC (Barker, Rita) |
| Filing 33 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 31 TEXT ORDER granting #29 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 29 MOTION to Appear Pro Hac Vice by Irwin Weltz ( Filing fee $ 350 receipt number ASCDC-11251399) 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 28 Joint STATUS REPORT by Blackstream LLC, David Feingold, Michael Dazzo, Richard Cardinale, Vania Cardinale, RVCNY LLC, RVCVSI LLC. (English, Gregory) Modified on 8/7/2023: to add joint filers as listed (kmca). |
| Filing 26 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 24 TEXT ORDER granting #22 Joint Motion to Continue and Stay Deadlines. The parties have jointly moved to continue the hearing on Movant Blackstream LLC's motion to quash (ECF No. #1 ) currently scheduled for July 18, 2023 (ECF No. 17 ), 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. #22 -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. #22 at 2; #22 -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. #22 ) 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 ; 17 ) 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 22 Joint MOTION to Continue and Stay Deadlines by Richard Cardinale, Vania Cardinale, RVCNY LLC, RVCVSI LLC, David Feingold, Michael Dazzo, Blackstream LLC. 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 20 NOTICE of Appearance by Lewis Walter Tollison, III on behalf of Michael Dazzo, David Feingold (Tollison, Lewis) |
| Filing 19 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 17 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 16 OBJECTIONS by Richard Cardinale to #14 Supplement. (Brown, William) |
| Filing 15 TEXT ORDER granting #13 Motion to Appear Pro Hac Vice. Attorney Anthony Galano, III added for movant Blackstream LLC. Entered at the direction of the Honorable Timothy M Cain on 10/26/22.(kmca) |
| Filing 14 SUPPLEMENT Notice of Subsequent Authority by Blackstream LLC 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 (kmca). Modified on 11/2/2022: to add text (kmca). |
| Filing 13 MOTION to Appear Pro Hac Vice by Anthony Galano, III ( Filing fee $ 350 receipt number ASCDC-10764987) by Blackstream LLC. Response to Motion due by 11/7/2022. 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) |
| Filing 12 REPLY to Response to Motion re #1 MOTION to Quash Response filed by Blackstream LLC. (Attachments: #1 Exhibit Declaration of Josh Howard)(English, Gregory) |
| Filing 11 TEXT ORDER. On September 13, 2022, Blackstream LLC 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. #5 ). Blackstream's reply is due by October 4, 2022.On October 3, 2022, Blackstream 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. #8 ). Counsel for Blackstream 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 Blackstream - 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. #10 at 24). 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 Blackstream's reply deadline or stay the issues in this case. See id. 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 Blackstream's motion to the extent it seeks a stay of this action. (ECF No. #8 ). Given that Blackstream's reply in support of its Motion to Quash is currently due today, October 4, 2022, the court GRANTS in part Blackstream's request for an extension of time to file its reply and Blackstream 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 10 RESPONSE in Opposition re #8 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 8 MOTION to Stay re #1 MOTION to Quash or MOTION for Extension by Blackstream LLC. 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 7 NOTICE OF CHANGE OF CASE NUMBER to 6-22-cv-339-TMC (Blackstream) from Miscellaneous Case Number 6-22-mc-543-TMC (Blackstream). (kmca) |
| Filing 5 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 - 2019-11-26 TPS Asheville and Morrisville Draw Needs through January 2020, #4 Exhibit 3 to Declaration - 2020-01-09 Ford Elliot Promise of Detailed Report, #5 Exhibit 4 to Declaration - 2020-02-13 J. Howard to R. Cardinale re Project Status, #6 Exhibit 5 to Declaration - 2020-06-09 R. Cardinale to J. Howard re project, #7 Exhibit 6 to Declaration - 2020-06-11 D. Feingold to R. Cardinale re DR Horton Alternative Global Two, #8 Exhibit 7 to Declaration - 2020-07-16 D. Feingold to R. Cardinale re one pager, #9 Exhibit 8 to Declaration - 2020-09-25 Blackstream Update, #10 Exhibit 9 to Declaration - 2020-12-15 F. Elliot to R. Cardinale re Project Status, #11 Exhibit 10 to Declaration - 2021-01-21 D. Feingold to R. Cardinale re Blackstream, #12 Exhibit 11 to Declaration - 2021-03-04 A. Mormile to F. Elliott, #13 Exhibit 12 to Declaration - 2021-03-8 J. Howard to R. Cardinale re Update on Project, #14 Exhibit 13 to Declaration - 2021-10-05 Text from D. Feingold to R. Cardinale re Culver, #15 Exhibit 14 to Declaration - 2021-11-04 Ford Elliot Text Message, #16 Exhibit 15 to Declaration - Communication from Feingold, #17 Exhibit 16 to Declaration - 2022-02-03 S. Cohen to D. Feingold re Notice of Resignation Communication, #18 Exhibit 17 to Declaration - 2022-02-14 Records Demand for Blackstream, #19 Exhibit 18 to Declaration - 2022-02-05 Text Message to Ford Elliot, #20 Exhibit 19 to Declaration - 2022-07-01 Text Message to Josh Howard, #21 Exhibit 20 to Declaration - 2022-07-01 Records Demand to Blackstream, #22 Exhibit 21 to Declaration - Message from Finegold, #23 Exhibit 2 - First Amended Complaint, #24 Exhibit 3- Disc Responses of Feinfold and Dazzo, #25 Exhibit 4 -9.21.22 Trial Order, #26 Exhibit 5 - 8.31.22 Joint Scheduling Report)(Brown, William) Modified on 9/28/2022: to edit text (Exhibits 1-21 "to Declaration") (kmca). |
| Filing 4 NOTICE of Appearance by William Stevens Brown on behalf of Richard Cardinale (Brown, William) |
| Filing 3 CERTIFICATE OF SERVICE by Blackstream LLC re #1 MOTION to Quash (English, Gregory) |
| Filing 1 MOTION to Quash Subpoena (Filing fee $49 receipt number ASCDC-10696365) by Blackstream LLC. Response to Motion due by 9/27/2022. (Attachments: #1 Memo in Support, #2 Declaration of Joshua L. Howard with exhibits)No proposed order.(kmca) Modified on 10/26/2022: See #14 Supplement (kmca). |
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