On December 20, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
James Davis Ii,
Medisale, Inc,
and
Addy Source, Llc,
Azriel Inzelbuch
A K A David B. Frank,
Bryan Baker
D B A Baker Cap Funding, D B A Baker Capital Funding,
Gtr Source, Llc,
Influx Capital Group, Llc
A K A Influx Capital, Llc,
Jonathan Braun,
Michelle Gregg,
Rebar Capital, Llc,
Richmond Capital Group, Llc,
Robert Giardina,
Spg Advance, Llc,
Tsvi Davis
A K A Steven Davis,
Tzvi Reich
A K A Steve Reich,
Yes Capital Funding Group, Llc
D B A Yes Funding Services, Llc,
for Commercial - Other (Vacate Judgment)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 06/29/2020 09:30 AM INDEX NO. 656346/2018
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 06/29/2020
From: Ashlee Colonna Cohen
To: Nathan Cohen
Cc: Evan Newman
Subject: Re: Davis II et al v. Richmond Capital Group et al, 656346/2018 - 3rd Party Subpoenas
Date: Wednesday, June 24, 2020 4:18:10 PM
Please let me know if this works:
https://drive.google.com/file/d/17Xs2aSt_OWGTWePmtv4lNCwIUVD1m2G5/view?
usp=sharing
On June 23, 2020 4:10 PM Nathan Cohen wrote:
Ashlee,
On behalf of my clients, Influx Capital Group, LLC a/k/a Influx Capital, LLC,
GTR Source, LLC and Addy Source, LLC, we acknowledge receipt of copies of
plaintiffs’ subpoenas to third parties Wells Fargo Bank, N.A. ( “Wells Fargo”)
and Actum Processing (“Actum”). Please confirm that you have not yet received
any documents in response to either subpoena. Alternatively, if you have already
received documents, please let us know immediately and provide copies of
everything you have received to date.
Further, I note that the subpoenas are dated June 16, 2020; yet, we first received
copies on July 22, 2018. We, therefore, object to the subpoenas to the extent that
my clients did not receive copies “promptly after service on the witness and
before production of books, papers or other things.” CPLR 2303(a).
Please also note that my clients object to the Actum subpoena as overbroad
insofar as it seeks “[a]ll information and documentation pertaining to the bank
accounts belonging to Influx Capital, LLC, Influx Capital Group, LLC, Addy
Source, LLC, GTR Source, LLC …[,]” to the extent not limited to transactions
involving Medisale, as such information and documentation is not relevant to any
of the claims or defenses in this action.
Similarly, my clients object to the Actum subpoena as overbroad insofar as it
seeks “[a]ll other information pertaining to … Influx Capital, LLC, Influx Capital
Group, LLC, Addy Source, LLC, GTR Source, LLC … in Actum Processing’s
possession[,]” to the extent not limited to transactions involving Medisale, as such
information also is not relevant to any of the claims or defenses in this action.
FILED: NEW YORK COUNTY CLERK 06/29/2020 09:30 AM INDEX NO. 656346/2018
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 06/29/2020
In the interest of avoiding motion practice, please confirm by no later than 5pm
on Wednesday, June 24, 2020 that you will narrow the Actum Subpoena
consistent with my clients’ objections and limit the foregoing requests to apply
only to transactions involving Medisale.
Best regards,
Nathan
Nathan Cohen, Esq.
Jacobowitz Newman Tversky LLP
377 Pearsall Ave, Suite C, Cedarhurst NY 11516
T: (212) 612-1110 Ext: 109 | F: (212) 671 1883
E: ncohen@jntllp.com
W: http://www.jntllp.com
The information contained in this communication, including any attachments, is
privileged and confidential information intended only for the use of the individual
to whom it was addressed. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution or copying
of this communication is strictly prohibited. If you received this in error, please
contact the sender and delete or destroy the material. IRS Circular 230
Disclosure: To ensure compliance with requirements imposed by the IRS, we
inform you that any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and cannot be
used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii) promoting, marketing, or recommending to another party any transaction or
matter addressed herein
Preview
FILED: NEW YORK COUNTY CLERK 06/29/2020 09:30 AM INDEX NO. 656346/2018 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 06/29/2020 From: Ashlee Colonna Cohen To: Nathan Cohen Cc: Evan Newman Subject: Re: Davis II et al v. Richmond Capital Group et al, 656346/2018 - 3rd Party Subpoenas Date: Wednesday, June 24, 2020 4:18:10 PM Please let me know if this works: https://drive.google.com/file/d/17Xs2aSt_OWGTWePmtv4lNCwIUVD1m2G5/view? usp=sharing On June 23, 2020 4:10 PM Nathan Cohen wrote: Ashlee, On behalf of my clients, Influx Capital Group, LLC a/k/a Influx Capital, LLC, GTR Source, LLC and Addy Source, LLC, we acknowledge receipt of copies of plaintiffs’ subpoenas to third parties Wells Fargo Bank, N.A. ( “Wells Fargo”) and Actum Processing (“Actum”). Please confirm that you have not yet received any documents in response to either subpoena. Alternatively, if you have already received documents, please let us know immediately and provide copies of everything you have received to date. Further, I note that the subpoenas are dated June 16, 2020; yet, we first received copies on July 22, 2018. We, therefore, object to the subpoenas to the extent that my clients did not receive copies “promptly after service on the witness and before production of books, papers or other things.” CPLR 2303(a). Please also note that my clients object to the Actum subpoena as overbroad insofar as it seeks “[a]ll information and documentation pertaining to the bank accounts belonging to Influx Capital, LLC, Influx Capital Group, LLC, Addy Source, LLC, GTR Source, LLC …[,]” to the extent not limited to transactions involving Medisale, as such information and documentation is not relevant to any of the claims or defenses in this action. Similarly, my clients object to the Actum subpoena as overbroad insofar as it seeks “[a]ll other information pertaining to … Influx Capital, LLC, Influx Capital Group, LLC, Addy Source, LLC, GTR Source, LLC … in Actum Processing’s possession[,]” to the extent not limited to transactions involving Medisale, as such information also is not relevant to any of the claims or defenses in this action. FILED: NEW YORK COUNTY CLERK 06/29/2020 09:30 AM INDEX NO. 656346/2018 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 06/29/2020 In the interest of avoiding motion practice, please confirm by no later than 5pm on Wednesday, June 24, 2020 that you will narrow the Actum Subpoena consistent with my clients’ objections and limit the foregoing requests to apply only to transactions involving Medisale. Best regards, Nathan Nathan Cohen, Esq. Jacobowitz Newman Tversky LLP 377 Pearsall Ave, Suite C, Cedarhurst NY 11516 T: (212) 612-1110 Ext: 109 | F: (212) 671 1883 E: ncohen@jntllp.com W: http://www.jntllp.com The information contained in this communication, including any attachments, is privileged and confidential information intended only for the use of the individual to whom it was addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this in error, please contact the sender and delete or destroy the material. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein