On June 14, 2023 a
Order
was filed
involving a dispute between
Plymouth Street Llc, Derivatively On Behalf Of Gold Capital Fund Llc,
and
Abraham Sitt,
Dumbo Capital Holdings Llc,
Gold Capital Fund Llc,
Simmons Capital Llc,
for Commercial - Other - Commercial Division (Breach of Fiduciary Duty)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 08/04/2023 05:09 PM INDEX NO. 652864/2023
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY: COMMERCIAL DIVISION
PRESENT: HON. JENNIFER G. SCHECTER PART 54
Justice
---------------------------------------------------------------------------------X INDEX NO. 652864/2023
PLYMOUTH STREET LLC,DERIVATIVELY ON BEHALF
OF GOLD CAPITAL FUND LLC, MOTION SEQ. NO. 001
Plaintiff,
-v-
DECISION + ORDER ON
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS MOTION
LLC,SIMMONS CAPITAL LLC,GOLD CAPITAL FUND LLC
Defendants.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 17,
18, 19, 20, 21, 22, 23, 24, 25, 27, 28
were read on this motion to/for QUASH SUBPOENA, FIX CONDITIONS .
Plaintiff served the subpoenas on the non-parties prior to the complaint even being served
on defendants, which is problematic since that prevented defendants from moving to quash
before a possible production may have been made. There also is a pending motion to
dismiss in this derivative action. Thus, in the exercise of discretion, it is ORDERED that
defendants' motion to quash the subpoenas served on non-parties Automatic Data
Processing and NewCo Capital Group (Dkts. 19, 20) and for a protective order is
GRANTED, and plaintiff shall promptly serve a copy of this order on the subpoenaed
parties and e-file proof of service.
8/4/2023
DATE JENNIFER G. SCHECTER, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
652864/2023 PLYMOUTH STREET LLC, DERIVATIVELY ON BEHALF OF GOLD CAPITAL FUND Page 1 of 1
LLC vs. SITT, ABRAHAM ET AL
Motion No. 001
1 of 1
Document Filed Date
August 04, 2023
Case Filing Date
June 14, 2023
Category
Commercial - Other - Commercial Division (Breach of Fiduciary Duty)
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FILED: NEW YORK COUNTY CLERK 08/04/2023 05:09 PM INDEX NO. 652864/2023 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/04/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY: COMMERCIAL DIVISION PRESENT: HON. JENNIFER G. SCHECTER PART 54 Justice ---------------------------------------------------------------------------------X INDEX NO. 652864/2023 PLYMOUTH STREET LLC,DERIVATIVELY ON BEHALF OF GOLD CAPITAL FUND LLC, MOTION SEQ. NO. 001 Plaintiff, -v- DECISION + ORDER ON ABRAHAM SITT, DUMBO CAPITAL HOLDINGS MOTION LLC,SIMMONS CAPITAL LLC,GOLD CAPITAL FUND LLC Defendants. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28 were read on this motion to/for QUASH SUBPOENA, FIX CONDITIONS . Plaintiff served the subpoenas on the non-parties prior to the complaint even being served on defendants, which is problematic since that prevented defendants from moving to quash before a possible production may have been made. There also is a pending motion to dismiss in this derivative action. Thus, in the exercise of discretion, it is ORDERED that defendants' motion to quash the subpoenas served on non-parties Automatic Data Processing and NewCo Capital Group (Dkts. 19, 20) and for a protective order is GRANTED, and plaintiff shall promptly serve a copy of this order on the subpoenaed parties and e-file proof of service. 8/4/2023 DATE JENNIFER G. SCHECTER, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER 652864/2023 PLYMOUTH STREET LLC, DERIVATIVELY ON BEHALF OF GOLD CAPITAL FUND Page 1 of 1 LLC vs. SITT, ABRAHAM ET AL Motion No. 001 1 of 1