Preview
FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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PLYMOUTH STREET LLC, derivatively on behalf of :
GOLD CAPITAL FUND LLC, :
: NOTICE OF SUBPOENA
Plaintiff, : DUCES TECUM
:
-against- :
:
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, :
and SIMMONS CAPITAL LLC, :
:
Defendants, :
-and- :
:
GOLD CAPITAL FUND LLC, :
:
Nominal Defendant. :
:
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PLEASE TAKE NOTICE that, pursuant to CPLR 3120, plaintiff PLYMOUTH STREET
LLC, by and through its attorney, Sasson Law PLLC, issued the annexed non-party subpoena
duces tecum, on Automatic Data Processing (“ADP”) in connection with the above-captioned
action on June 20, 2023.
Dated: New York, New York
June 21, 2023
SASSON LAW PLLC
_____________________________
By: Moshe Sasson, Esq.
Attorneys for Plaintiff
1350 Broadway, Suite 212
New York, New York 10018
(212) 949-7501
TO: NYSCEF E-file service list
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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PLYMOUTH STREET LLC, derivatively on behalf of :
GOLD CAPITAL FUND LLC, :
: SUBPOENA DUCES TECUM
Plaintiff, :
:
-against- :
:
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, :
and SIMMONS CAPITAL LLC, :
:
Defendants, :
-and- :
:
GOLD CAPITAL FUND LLC, :
:
Nominal Defendant. :
:
------------------------------------------x
THE PEOPLE OF THE STATE OF NEW YORK
TO: Automatic Data Processing (“ADP”)
530 Seventh Avenue
New York, New York 10018
WE COMMAND YOU, that all business and excuses being laid aside, to appear and attend
before a notary public or other person authorized to administer oaths in the State of New York, at the
offices of Sasson Law PLLC, located at 1350 Broadway, Suite 212, New York, NY 10018, twenty
days from the date this subpoena is served on you, or at such other place and time as the parties shall
agree, to produce all documents requested on “Exhibit A,” a copy of which is attached hereto.
The above-referenced action involves claims for, inter alia, breach of fiduciary duty,
conversion, unjust enrichment and constructive trust. The information and documents sought from
you are necessary, material and relevant to the prosecution of the above-captioned action and are not
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023
otherwise available.
Failure to comply with this subpoena may result in application being made for an order
compelling your attendance which, if disobeyed, can be punished as a contempt of Court and shall
make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed
fifty dollars and all damages sustained by reason of your failure to comply.
DATED: New York, New York SASSON LAW PLLC
June 15, 2023
By: /s/ Moshe Sasson
Moshe Sasson, Esq.
1350 Broadway, Suite 212
New York, New York 10018
212.949.7501 - phone
212.949.7500 - main office
msasson@sassonlawpllc.com
Attorneys for Plaintiff
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023
SCHEDULE A
DOCUMENTS TO BE PRODUCED
1. Copy of all data and records associated with the account of GOLD CAPITAL
FUND LLC.
2. All available reports for the account for GOLD CAPITAL FUND LLC.
3. All documents concerning GOLD CAPITAL FUND LLC or any communications
with any employees or agents of GOLD CAPITAL FUND LLC including but not limited to
josh@goldcapitalfund.com, Abraham@goldcapitalfund.com or steve@goldcapitalfund.com.
DEFINITIONS
1. “All” means “any and all”; “any” means “any and all.”
2. “Communication” means any transmission, conveyance, or exchange of
information whether by written, oral, or other means, including but not limited to discussions,
conferences, letters, memoranda, notes, personal meetings, telephone calls, voice mail messages,
electronic communications, instant messages, Tweets, blog posts, Facebook status updates and
postings, all manner of social media uploads and communications, and electronic mail.
3. The terms “concern,” “concerning,” “evidence,” “evidencing,” “referring,” "refer
to,” “regarding,” “with regard to,” “relate to,” or “relating,” shall mean summarize, demonstrate,
constitute, reflect, contain, study, analyze, consider, explain, mention, show, discuss, describe,
comment upon, or result from.
-3-
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4. “Documents” is an all-inclusive term referring to any writing and/or recorded or
graphic matter, however produced or reproduced. The term ”Documents” includes, without
limitation, the originals (absent any original, a copy) of any recordation of any intelligence or
information, whether handwritten, typed, printed or otherwise visually or aurally reproduced, letters,
correspondence, electronic mail, memoranda, inter-office communications, minutes, reports, notes,
notebooks, work papers, schedules, analyses, drawings, diagrams, tables, graphs, charts, blueprints,
maps, surveys, books, pamphlets, brochures, circulars, manuals, instructions, book of account,
ledgers, invoices, purchase orders, pleadings, questionnaires, agreements, contracts, bills, checks,
drafts, diaries, logs, proposals, print-outs, computer disks and files, software, recordings, telegrams,
drawings, photographs, films, sales literature, advertising literature, all types of electronically stored
information, instant messages, Tweets, blog posts, Facebook status updates and postings, all manner
of social media uploads and communications, calendar appointments, videotapes and sound
reproductions, summaries or records of telephone conversations, voice mail messages, personal
conversations or interviews, and/or any and all other writings, typings, printings, drafts, red-lines,
mark-ups, margin notes, copies and/or electronic, manual, mechanical or photographic reproductions
or recordations thereof that are tangible or retrievable of any kind, whether or not prepared by you,
and/or any of your representatives. Documents also include any preliminary notes and drafts of all
the foregoing, in whatever form, for example: printed, typed, longhand, shorthand, on paper, paper
tape, on computer disk, on computer software, tabulating coins, ribbon blueprints, magnetic tape,
microfilm, film, motion picture film, or other form.
5. “Including” means “including but not limited to.”
6. The word “or” means “and/or”.
7. "Person" or “persons” shall mean any natural individual or any corporation, corporate
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division, firm, partnership, proprietorship, joint venture, company, trust, incorporated or
unincorporated association, governmental entity or agency, or any other business entity of any
nature.
8. “You” or “your” refers to the person(s) to whom the following requests are
addressed
RULES OF CONSTRUCTION AND INSTRUCTIONS
For purposes of each of these document requests, please adhere to the following rules of
construction:
1. The terms “all” and “each” shall be construed as all and each.
2. The connectives “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of these requests all responses that might
otherwise be construed to be outside of their scope.
3. The use of the singular form of any word includes the plural and vice versa.
4. The present tense includes the past and future tenses.
5. Any objection shall state with specificity all grounds. Any ground not stated
within the time provided by the CPLR, or any extension thereof, shall be waived.
6. These requests are deemed continuing and require further and supplemental
production, on a prompt basis, in the event plaintiff or any other person who participates in
responding to these requests obtains or discovers additional responsive documents.
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7. If a portion of a document is responsive, produce the entire document. If there are
no documents responsive to any particular request or category, state in writing.
8. If any documents or parts of documents called for by this document request are
withheld under a claim of privilege, furnish a list identifying each document so withheld
(including the type of document, the date of the document, the author(s) of the document, the
addressee(s) and all recipients of the document, and the subject matter of the document), the
privilege claimed, the grounds therefor, and such other information as is sufficient to identify the
document for a subpoena duces tecum. If a document is in part privileged and in part not
privileged, supply the information required above and produce the non-privileged portion with
an indication wherever privileged portions have been withheld.
9. If any documents or parts of documents called for by this document request have
been lost, discarded or destroyed, furnish a list describing each such document (including the
nature of the document, the author(s) of the document, the addressee(s) of the document, the date
of the document and the subject matter of the document), describing the disposition of the
document (including the date of disposal, manner of disposal, reasons for disposal, person(s)
authorizing the disposal and person(s) disposing of the document), and identifying the persons
with knowledge of the document.
10. If a document requested to be produced is known to exist and to have once been
in your possession, custody or control, but is no longer so, so state and furnish a list describing
each such document (including the type of document, the author(s) of the document, the
addressee(s) of the document, the date of the document and the subject matter of the document)
and identify the present custodians, if known.
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11. Each paragraph and subparagraph herein shall be construed independently and not
with reference to any other paragraph or subparagraph for the purpose of limitation.
12. Each request herein for a document or documents to be produced contemplates
production of the document or documents in its entirety without abbreviation or expurgation.
13. Unless stated otherwise, the production shall encompass all documents created or
dated on or after October 16, 2018.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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PLYMOUTH STREET LLC, derivatively on behalf of :
GOLD CAPITAL FUND LLC, :
:
Plaintiff, :
:
-against- :
:
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, :
and SIMMONS CAPITAL LLC, :
:
Defendants, :
-and- :
:
GOLD CAPITAL FUND LLC, :
:
Nominal Defendant. :
:
------------------------------------------x
SUBPOENA DUCES TECUM
TO
AUTOMATIC DATA PROCESSING
SASSON LAW PLLC
1350 Broadway, Suite 212
New York, New York 10018
(212) 949-7501
Attorneys for Plaintiff
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INDEX NO. 652864/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------x
PLYMOUTH STREET LLC, derivatively on behalf of :
GOLD CAPITAL FUND LLC, :
:
Plaintiff, :
:
-against- :
:
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, :
and SIMMONS CAPITAL LLC, :
:
Defendants, :
-and- :
:
GOLD CAPITAL FUND LLC, :
:
Nominal Defendant. :
:
------------------------------------------x
NOTICE OF SUBPOENA DUCES TECUM
SASSON LAW PLLC
Attorneys for Plaintiff
1350 Broadway, Suite 212
New York, New York 10018
(212) 949-7501
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Preview
FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x INDEX NO. 652864/2023 PLYMOUTH STREET LLC, derivatively on behalf of : GOLD CAPITAL FUND LLC, : : NOTICE OF SUBPOENA Plaintiff, : DUCES TECUM : -against- : : ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, : and SIMMONS CAPITAL LLC, : : Defendants, : -and- : : GOLD CAPITAL FUND LLC, : : Nominal Defendant. : : ------------------------------------------x PLEASE TAKE NOTICE that, pursuant to CPLR 3120, plaintiff PLYMOUTH STREET LLC, by and through its attorney, Sasson Law PLLC, issued the annexed non-party subpoena duces tecum, on Automatic Data Processing (“ADP”) in connection with the above-captioned action on June 20, 2023. Dated: New York, New York June 21, 2023 SASSON LAW PLLC _____________________________ By: Moshe Sasson, Esq. Attorneys for Plaintiff 1350 Broadway, Suite 212 New York, New York 10018 (212) 949-7501 TO: NYSCEF E-file service list 1 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x INDEX NO. 652864/2023 PLYMOUTH STREET LLC, derivatively on behalf of : GOLD CAPITAL FUND LLC, : : SUBPOENA DUCES TECUM Plaintiff, : : -against- : : ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, : and SIMMONS CAPITAL LLC, : : Defendants, : -and- : : GOLD CAPITAL FUND LLC, : : Nominal Defendant. : : ------------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK TO: Automatic Data Processing (“ADP”) 530 Seventh Avenue New York, New York 10018 WE COMMAND YOU, that all business and excuses being laid aside, to appear and attend before a notary public or other person authorized to administer oaths in the State of New York, at the offices of Sasson Law PLLC, located at 1350 Broadway, Suite 212, New York, NY 10018, twenty days from the date this subpoena is served on you, or at such other place and time as the parties shall agree, to produce all documents requested on “Exhibit A,” a copy of which is attached hereto. The above-referenced action involves claims for, inter alia, breach of fiduciary duty, conversion, unjust enrichment and constructive trust. The information and documents sought from you are necessary, material and relevant to the prosecution of the above-captioned action and are not 2 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 otherwise available. Failure to comply with this subpoena may result in application being made for an order compelling your attendance which, if disobeyed, can be punished as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. DATED: New York, New York SASSON LAW PLLC June 15, 2023 By: /s/ Moshe Sasson Moshe Sasson, Esq. 1350 Broadway, Suite 212 New York, New York 10018 212.949.7501 - phone 212.949.7500 - main office msasson@sassonlawpllc.com Attorneys for Plaintiff -2- 3 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 SCHEDULE A DOCUMENTS TO BE PRODUCED 1. Copy of all data and records associated with the account of GOLD CAPITAL FUND LLC. 2. All available reports for the account for GOLD CAPITAL FUND LLC. 3. All documents concerning GOLD CAPITAL FUND LLC or any communications with any employees or agents of GOLD CAPITAL FUND LLC including but not limited to josh@goldcapitalfund.com, Abraham@goldcapitalfund.com or steve@goldcapitalfund.com. DEFINITIONS 1. “All” means “any and all”; “any” means “any and all.” 2. “Communication” means any transmission, conveyance, or exchange of information whether by written, oral, or other means, including but not limited to discussions, conferences, letters, memoranda, notes, personal meetings, telephone calls, voice mail messages, electronic communications, instant messages, Tweets, blog posts, Facebook status updates and postings, all manner of social media uploads and communications, and electronic mail. 3. The terms “concern,” “concerning,” “evidence,” “evidencing,” “referring,” "refer to,” “regarding,” “with regard to,” “relate to,” or “relating,” shall mean summarize, demonstrate, constitute, reflect, contain, study, analyze, consider, explain, mention, show, discuss, describe, comment upon, or result from. -3- 4 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 4. “Documents” is an all-inclusive term referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term ”Documents” includes, without limitation, the originals (absent any original, a copy) of any recordation of any intelligence or information, whether handwritten, typed, printed or otherwise visually or aurally reproduced, letters, correspondence, electronic mail, memoranda, inter-office communications, minutes, reports, notes, notebooks, work papers, schedules, analyses, drawings, diagrams, tables, graphs, charts, blueprints, maps, surveys, books, pamphlets, brochures, circulars, manuals, instructions, book of account, ledgers, invoices, purchase orders, pleadings, questionnaires, agreements, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, computer disks and files, software, recordings, telegrams, drawings, photographs, films, sales literature, advertising literature, all types of electronically stored information, instant messages, Tweets, blog posts, Facebook status updates and postings, all manner of social media uploads and communications, calendar appointments, videotapes and sound reproductions, summaries or records of telephone conversations, voice mail messages, personal conversations or interviews, and/or any and all other writings, typings, printings, drafts, red-lines, mark-ups, margin notes, copies and/or electronic, manual, mechanical or photographic reproductions or recordations thereof that are tangible or retrievable of any kind, whether or not prepared by you, and/or any of your representatives. Documents also include any preliminary notes and drafts of all the foregoing, in whatever form, for example: printed, typed, longhand, shorthand, on paper, paper tape, on computer disk, on computer software, tabulating coins, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, or other form. 5. “Including” means “including but not limited to.” 6. The word “or” means “and/or”. 7. "Person" or “persons” shall mean any natural individual or any corporation, corporate -4- 5 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 division, firm, partnership, proprietorship, joint venture, company, trust, incorporated or unincorporated association, governmental entity or agency, or any other business entity of any nature. 8. “You” or “your” refers to the person(s) to whom the following requests are addressed RULES OF CONSTRUCTION AND INSTRUCTIONS For purposes of each of these document requests, please adhere to the following rules of construction: 1. The terms “all” and “each” shall be construed as all and each. 2. The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of these requests all responses that might otherwise be construed to be outside of their scope. 3. The use of the singular form of any word includes the plural and vice versa. 4. The present tense includes the past and future tenses. 5. Any objection shall state with specificity all grounds. Any ground not stated within the time provided by the CPLR, or any extension thereof, shall be waived. 6. These requests are deemed continuing and require further and supplemental production, on a prompt basis, in the event plaintiff or any other person who participates in responding to these requests obtains or discovers additional responsive documents. -5- 6 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 7. If a portion of a document is responsive, produce the entire document. If there are no documents responsive to any particular request or category, state in writing. 8. If any documents or parts of documents called for by this document request are withheld under a claim of privilege, furnish a list identifying each document so withheld (including the type of document, the date of the document, the author(s) of the document, the addressee(s) and all recipients of the document, and the subject matter of the document), the privilege claimed, the grounds therefor, and such other information as is sufficient to identify the document for a subpoena duces tecum. If a document is in part privileged and in part not privileged, supply the information required above and produce the non-privileged portion with an indication wherever privileged portions have been withheld. 9. If any documents or parts of documents called for by this document request have been lost, discarded or destroyed, furnish a list describing each such document (including the nature of the document, the author(s) of the document, the addressee(s) of the document, the date of the document and the subject matter of the document), describing the disposition of the document (including the date of disposal, manner of disposal, reasons for disposal, person(s) authorizing the disposal and person(s) disposing of the document), and identifying the persons with knowledge of the document. 10. If a document requested to be produced is known to exist and to have once been in your possession, custody or control, but is no longer so, so state and furnish a list describing each such document (including the type of document, the author(s) of the document, the addressee(s) of the document, the date of the document and the subject matter of the document) and identify the present custodians, if known. -6- 7 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 11. Each paragraph and subparagraph herein shall be construed independently and not with reference to any other paragraph or subparagraph for the purpose of limitation. 12. Each request herein for a document or documents to be produced contemplates production of the document or documents in its entirety without abbreviation or expurgation. 13. Unless stated otherwise, the production shall encompass all documents created or dated on or after October 16, 2018. -7- 8 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x INDEX NO. 652864/2023 PLYMOUTH STREET LLC, derivatively on behalf of : GOLD CAPITAL FUND LLC, : : Plaintiff, : : -against- : : ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, : and SIMMONS CAPITAL LLC, : : Defendants, : -and- : : GOLD CAPITAL FUND LLC, : : Nominal Defendant. : : ------------------------------------------x SUBPOENA DUCES TECUM TO AUTOMATIC DATA PROCESSING SASSON LAW PLLC 1350 Broadway, Suite 212 New York, New York 10018 (212) 949-7501 Attorneys for Plaintiff -8- 9 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 10 of 11 FILED: NEW YORK COUNTY CLERK 06/21/2023 02:26 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/21/2023 INDEX NO. 652864/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------x PLYMOUTH STREET LLC, derivatively on behalf of : GOLD CAPITAL FUND LLC, : : Plaintiff, : : -against- : : ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, : and SIMMONS CAPITAL LLC, : : Defendants, : -and- : : GOLD CAPITAL FUND LLC, : : Nominal Defendant. : : ------------------------------------------x NOTICE OF SUBPOENA DUCES TECUM SASSON LAW PLLC Attorneys for Plaintiff 1350 Broadway, Suite 212 New York, New York 10018 (212) 949-7501 -3- 11 of 11