On December 07, 2023 a
Exhibit,Appendix
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
FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023
Exhibit 18
FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023
F 8
I L D
1
2 NOV 272023
sy
5
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10 DEPARTMENT 613
11
FOX PAINE & COMPANY, LLC; FOX PAINE Case No. CGC-17-557275
12 CAPITAL FUND II FOX PAINE
GP, LLC;
CAPITAL MANAGEMENT II, LLC; FOX
13
PAINE CAPITAL INTERNATIONAL GP, L.P.;
FOX PAINE INTERNATIONAL ORDER DENYING PLAINTIFF'S EX
14 GP, LTD.;
FOX PAINE INTERNATIONAL PARTE APPLICATION FOR AN ORDER
LPH, L.P.;
FOX PAINE INTERNATIONAL GRANTING LEAVE TO TAKE CERTAIN
15 LPH, GP,
and SAUL A.
THIRD PARTY DEPOSITIONS AFTER THE
LTD., LLC; FOX,
16 DISCOVERY CUTOFF
*'
17
V·
18
19 TWIN CITY FIRE INSURANCE COMPANY;
ST. PAUL MERCURY INSURANCE
20 LIBERTY MUTUAL
COMPANY;
INSURANCE COMPANY; EQUITY RISK
21
PARTNERS, INC.; and DOES 1-10,
22 INCLUSIVE,
23 Defendants.
24
Plaintiffs'
After having reviewed ex parte application for an order granting leave to take certain
25
third party depositions after the discovery cutoff and Twin City's respective opposition, the Court
26
Plaintiffs'
determines that this matter can be decided without hearing and DENIES ex parte application.
27
Plaintiffs seek an order granting leave to Plaintiffs to take the depositions of Dan Doebele, Rena
28
- 1 -
Plaintiffs'
Fox Paine & Co., LLC, et al. v. Twin City Fire Insurance, et al., CGC-17-557275 Order Denying Ex Parte
Applications
FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023
1 Boltax, and Paine Schwartz after the November 17, 2023 discovery cut off without altering the trial date.
2 Plaintiffs moved to compel Liberty Mutual, St. Paul, Paine Schwartz Partners, LLC, and Mitchell
Plaintiffs'
3 Pressner to appear at deposition. If motion to compel Paine Schwartz Partners, LLC is granted,
4 then Plaintiffs will be allowed leave to take Paine Schwartz Partners, LLC's deposition after the discovery
5 cutoff. However, at this time, this request is premature as the Court has not ruled on the motion to
6 compel.
7 As to Dan Doebele and Rena Boltax, Plaintiffs argue that "Plaintiffs are confident the issuing
Plaintiffs' attendance."
8 courts will agree with the propriety of action in this regard, and will compel (App.
9 at 2.) However, Plaintiffs have not moved to compel Dan Doebele and Rena Boltax to appear at
10 deposition. It is unclear how the Court will compel attendance. This request is premature.
11
12 IT IS SO ORDERED.
Dated: November 27, 2023
14
ANDREW Y.S. CHENG
Judge of the Superior Court
15
16
17
18
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- 2 -
Fox Paine & Co., LLC, et al. v. Twin Plaintiffs'
City Fire Insurance, et al., CGC-17-557275 Order Denying Ex Parte
Applications
FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023
CERTIFICATE OF ELECTRONIC SERVICE
(CCP 1010.6(6) & CRC 2.251)
I, CLARK BANAYAD, a Deputy Clerk of the Superior Court of the County of San
Francisco, certify that I am not a party to the within action.
On November 27, 2023, I electronically served the ATTACHED DOCUMENT(S) via
File&ServeXpress on the recipients designated on the Transaction Receipt located on the
File&ServeXpress website.
I also served via email transmission the attached document(s) on the following party/parties
as shown below.
Dated: November 27, 2023
Brandon E. Riley, Clerk
By:
CLARK BAN Ab, Deputy Clerk
Preview
FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023 Exhibit 18 FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023 F 8 I L D 1 2 NOV 272023 sy 5 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 DEPARTMENT 613 11 FOX PAINE & COMPANY, LLC; FOX PAINE Case No. CGC-17-557275 12 CAPITAL FUND II FOX PAINE GP, LLC; CAPITAL MANAGEMENT II, LLC; FOX 13 PAINE CAPITAL INTERNATIONAL GP, L.P.; FOX PAINE INTERNATIONAL ORDER DENYING PLAINTIFF'S EX 14 GP, LTD.; FOX PAINE INTERNATIONAL PARTE APPLICATION FOR AN ORDER LPH, L.P.; FOX PAINE INTERNATIONAL GRANTING LEAVE TO TAKE CERTAIN 15 LPH, GP, and SAUL A. THIRD PARTY DEPOSITIONS AFTER THE LTD., LLC; FOX, 16 DISCOVERY CUTOFF *' 17 V· 18 19 TWIN CITY FIRE INSURANCE COMPANY; ST. PAUL MERCURY INSURANCE 20 LIBERTY MUTUAL COMPANY; INSURANCE COMPANY; EQUITY RISK 21 PARTNERS, INC.; and DOES 1-10, 22 INCLUSIVE, 23 Defendants. 24 Plaintiffs' After having reviewed ex parte application for an order granting leave to take certain 25 third party depositions after the discovery cutoff and Twin City's respective opposition, the Court 26 Plaintiffs' determines that this matter can be decided without hearing and DENIES ex parte application. 27 Plaintiffs seek an order granting leave to Plaintiffs to take the depositions of Dan Doebele, Rena 28 - 1 - Plaintiffs' Fox Paine & Co., LLC, et al. v. Twin City Fire Insurance, et al., CGC-17-557275 Order Denying Ex Parte Applications FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023 1 Boltax, and Paine Schwartz after the November 17, 2023 discovery cut off without altering the trial date. 2 Plaintiffs moved to compel Liberty Mutual, St. Paul, Paine Schwartz Partners, LLC, and Mitchell Plaintiffs' 3 Pressner to appear at deposition. If motion to compel Paine Schwartz Partners, LLC is granted, 4 then Plaintiffs will be allowed leave to take Paine Schwartz Partners, LLC's deposition after the discovery 5 cutoff. However, at this time, this request is premature as the Court has not ruled on the motion to 6 compel. 7 As to Dan Doebele and Rena Boltax, Plaintiffs argue that "Plaintiffs are confident the issuing Plaintiffs' attendance." 8 courts will agree with the propriety of action in this regard, and will compel (App. 9 at 2.) However, Plaintiffs have not moved to compel Dan Doebele and Rena Boltax to appear at 10 deposition. It is unclear how the Court will compel attendance. This request is premature. 11 12 IT IS SO ORDERED. Dated: November 27, 2023 14 ANDREW Y.S. CHENG Judge of the Superior Court 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - Fox Paine & Co., LLC, et al. v. Twin Plaintiffs' City Fire Insurance, et al., CGC-17-557275 Order Denying Ex Parte Applications FILED: NEW YORK COUNTY CLERK 12/28/2023 07:42 PM INDEX NO. 161881/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/28/2023 CERTIFICATE OF ELECTRONIC SERVICE (CCP 1010.6(6) & CRC 2.251) I, CLARK BANAYAD, a Deputy Clerk of the Superior Court of the County of San Francisco, certify that I am not a party to the within action. On November 27, 2023, I electronically served the ATTACHED DOCUMENT(S) via File&ServeXpress on the recipients designated on the Transaction Receipt located on the File&ServeXpress website. I also served via email transmission the attached document(s) on the following party/parties as shown below. Dated: November 27, 2023 Brandon E. Riley, Clerk By: CLARK BAN Ab, Deputy Clerk