On December 07, 2023 a
Motion-Secondary
was filed
involving a dispute between
Fox Paine Capital Fund Ii International, L.P.,
Fox Paine & Company, Llc,
Fox Paine International Gp, Ltd.,
Fp International Lph, L.P.,
Saul A Fox,
and
Mitchell Presser,
for Special Proceedings - Other (Enforce Subp - CPLR 3119)
in the District Court of New York County.
Preview
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of: Index No.
FOX PAINE & COMPANY, LLC; FOX PAINE Originating State: California
CAPITAL FUND II INTERNATIONAL, L.P.; FP
INTERNATIONAL LPH, L.P.; FOX PAINE Originating Court: Superior Court of
INTERNATIONAL GP, LTD.; and SAUL A. FOX, California
Petitioners, Originating Case No.: Civil Action
No. CGC-17-557275
To compel compliance with Subpoena ad
Testificandum issued to non-party: ORDER TO SHOW CAUSE WHY
THE COURT SHOULD NOT
MITCHELL PRESSER, GRANT PETITION TO COMPEL
COMPLIANCE WITH
Respondent, SUBPOENA AD
TESTIFICANDUM
In the action entitled FOX PAINE & COMPANY,
LLC, et al. v. TWIN CITY FIRE INSURANCE
COMPANY, et al.
Upon the Petition of Fox Paine & Company, LLC; Fox Paine Capital Fund II
International, L.P.; FP International LPH, LP.; Fox Paine International LPH GP, Ltd.; and Saul
A. Fox (collectively, “Petitioners”) to Compel Compliance with Subpoena Ad Testificandum, the
accompanying Memorandum of Law, and the Affidavit of Hal M. Shimkoski and exhibits
thereto, and all other papers and proceedings had herein,
SUFFICIENT CAUSE THEREFORE BEING ALLEGED, IT IS HEREBY
ORDERED that Respondent Mitchell Presser, or his counsel, appear and show cause at Part
________ of this Court, to be held at ____________________, on the ___ day of
________________, 2023 at __________ AM / PM, or as soon thereafter as counsel can be
heard, why an order should not be entered as follows:
1. Pursuant to CPLR §§ 3124 and 2308, compelling Respondent to comply with the
subpoena issued by Petitioners, dated October 11, 2023, which had required Respondent to
appear for deposition at the offices of McKool Smith, P.C., in New York, NY on October 27,
2023, at 9 AM.
2. Awarding such other and further relief as the Court may deem just and proper.
IT IS FURTHER ORDERED, sufficient cause having been shown, that service of a
copy of this Order, together with the papers upon which it was granted, upon Respondent or his
counsel on or before _____________, 2023, be deemed good and sufficient service. Proof of
service shall be filed with the Court on or before the return date indicated above
ENTER:
___________________________________
Justice of the Supreme Court
Dated: New York, New York
__________________, 2023
2
Preview
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of: Index No. FOX PAINE & COMPANY, LLC; FOX PAINE Originating State: California CAPITAL FUND II INTERNATIONAL, L.P.; FP INTERNATIONAL LPH, L.P.; FOX PAINE Originating Court: Superior Court of INTERNATIONAL GP, LTD.; and SAUL A. FOX, California Petitioners, Originating Case No.: Civil Action No. CGC-17-557275 To compel compliance with Subpoena ad Testificandum issued to non-party: ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT MITCHELL PRESSER, GRANT PETITION TO COMPEL COMPLIANCE WITH Respondent, SUBPOENA AD TESTIFICANDUM In the action entitled FOX PAINE & COMPANY, LLC, et al. v. TWIN CITY FIRE INSURANCE COMPANY, et al. Upon the Petition of Fox Paine & Company, LLC; Fox Paine Capital Fund II International, L.P.; FP International LPH, LP.; Fox Paine International LPH GP, Ltd.; and Saul A. Fox (collectively, “Petitioners”) to Compel Compliance with Subpoena Ad Testificandum, the accompanying Memorandum of Law, and the Affidavit of Hal M. Shimkoski and exhibits thereto, and all other papers and proceedings had herein, SUFFICIENT CAUSE THEREFORE BEING ALLEGED, IT IS HEREBY ORDERED that Respondent Mitchell Presser, or his counsel, appear and show cause at Part ________ of this Court, to be held at ____________________, on the ___ day of ________________, 2023 at __________ AM / PM, or as soon thereafter as counsel can be heard, why an order should not be entered as follows: 1. Pursuant to CPLR §§ 3124 and 2308, compelling Respondent to comply with the subpoena issued by Petitioners, dated October 11, 2023, which had required Respondent to appear for deposition at the offices of McKool Smith, P.C., in New York, NY on October 27, 2023, at 9 AM. 2. Awarding such other and further relief as the Court may deem just and proper. IT IS FURTHER ORDERED, sufficient cause having been shown, that service of a copy of this Order, together with the papers upon which it was granted, upon Respondent or his counsel on or before _____________, 2023, be deemed good and sufficient service. Proof of service shall be filed with the Court on or before the return date indicated above ENTER: ___________________________________ Justice of the Supreme Court Dated: New York, New York __________________, 2023 2