Motion for Discovery in Plymouth Street Llc, Derivatively On Behalf Of Gold Capital Fund Llc (Counterclaim Defendant) v. Abraham Sitt (Counterclaim Plaintiff), Dumbo Capital Holdings Llc (Counterclaim Plaintiff), Simmons Capital Llc, Gold Capital Fund Llc (Nominal Defendant) (Crossclaim Defendant)| Trellis.Law

On June 14, 2023 a Party Notice 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 12/20/2023 03:56 PM INDEX NO. 652864/2023
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/20/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PLYMOUTH STREET LLC, derivatively on behalf of : Index No. 652864/2023
GOLD CAPITAL FUND LLC, :
: Hon. Jennifer G. Schecter
Plaintiff, :
: PLAINTIFF’S FIRST
-against- : REQUEST FOR THE
: PRODUCTION OF
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, : DOCUMENTS
and SIMMONS CAPITAL LLC, :
:
Defendants, :
-and- :
:
GOLD CAPITAL FUND LLC, :
:
Nominal Defendant. :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and

Rules (“CPLR”), the Rules of the Commercial Division of the Supreme Court (the “CD Rules”),

and the Preliminary Conference Order entered in this action on December 4, 2023 (the “PC

Order”), Plaintiff Plymouth Street LLC, derivatively on behalf of Gold Capital Fund LLC,

hereby demands that Defendants Abraham Sitt and Dumbo Capital Holdings LLC produce for

discovery, inspection and copying at the offices of Sasson Law PLLC, 1370 Broadway, 5th

Floor, New York, NY 10018 on or before the deadline set forth in the PC Order, all documents

described below, which constitute Plaintiff’s First Request for the Production of Documents

(hereinafter, the “Requests”).

DEFINITIONS

1. All definitions set forth in the CPLR are incorporated herein by reference.

2. “Action” refers to the instant litigation in the Supreme Court of the State of New

York, County of New York, assigned Index No. 652864/2023.

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3. “ADP” refers to the company Automatic Data Processing.

4. “Answer” refers to Defendants’ Answer with Counterclaim and Third-Party

Complaint, which was filed in this Action on December 4, 2023, under NYSCEF Doc. No. 47.

5. “Communication” refers to every manner or means of disclosure, transfer or

exchange of information, of any kind in the form of facts, ideas, inquiries, or otherwise, whether

orally or by Document, whether face-to-face, by telephone, text message, telecopy, e-mail, fax,

mail, personal delivery or otherwise.

6. “Complaint” refers to the Complaint dated June 14, 2023, which was filed in this

Action under NYSCEF Doc. No. 1.

7. The term “concerning” shall mean refers to, relates to, comments on, reflects,

mirrors, addresses, discusses, embodies, constitutes, contains information on, indicates, or

pertains to, in any way, directly or indirectly, a document subject, topic, issue, act or occurrence,

and includes, without limitation, comprising, constituting, analyzing, evidencing, comparing,

summarizing, discussing, showing, referring to, forming the basis of, containing, in connection

with, responding to, demonstrating, declaring, describing, or supporting any event, act, or

occurrence.

8. “Document” is used in its broadest sense and shall have the full meaning ascribed

to that term by the CPLR and shall include, without limitation, the following terms, whether

printed, recorded, filmed, produced by hand, and whether an original, master or copy, in draft or

final form, namely: notes; studies; analyses; evaluations, reports; reviews; agreements; e-mails;

Communications, including, without limitation, intracompany Communications; correspondence;

telegrams; cables; memoranda; records; books; summaries of records or personal conversations

or interviews; test messages; diaries; forecasts; statistical statements; accountants’ work papers;

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graphs; charts; maps; diagrams; blueprints; tables; indices; pictures; recordings; tapes; microfilm;

charges; accounts; analytical records; minutes or records of meetings or conferences; reports or

summaries of interviews; reports or summaries of investigations; opinions or reports of

consultants; appraisals; reports or summaries of negotiations; brochures; pamphlets; circulars;

trade letters; press releases; contracts; stenographic; handwritten or other notes; projections;

working papers; checks, front and back; check stubs or receipts; invoice vouchers; tape data

sheets or data processing cards or computer discs or documents sorted by computer, electronic

mail or any other written, recorded, transcribed, punched, taped, filed, or graphic matter,

however produced or reproduced; and any other documents or writing of whatever description.

The term also includes all information stored in a computer system although not printed out, all

information stored in computer hard drives, all information stored on computer tape backups, all

information stored on floppy diskettes, all information stored on CD-ROM, all information

stored in electronic mail, all information stored on zip drives, USB drives and any other form of

electronic storage. The term also includes all information stored in or originating from personal

computers or laptops, Bloomberg Terminals, Palm Pilots, Blackberrys, iPhones, iPads or other

personal digital assistants (PDAs), telephones or tablets used by You, Your officers, employees

or representatives, whether or not such documents were sent or received through any of Your

computer networks. A draft or non-identical copy is a separate document within the meaning of

this term.

9. “Dumbo” refers to Dumbo Capital Holdings LLC, one of the named defendants in

this Action.

10. “GCF” refers to Gold Capital Fund LLC, which is more fully described in

paragraph 9 of the Complaint.

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11. “GoDaddy” refers to the Internet domain registry, domain registrar and web

hosting company GoDaddy Inc.

12. The terms “include” and “including” shall be interpreted in every instance as

being illustrative of the document requested, shall be read as “including, but not limited to,” and

shall not be interpreted to exclude any documents otherwise within the scope of these Requests.

13. “MTD” refers to the motion to dismiss that Defendants filed in this Action on July

25, 2023, under NYSCEF Doc. No. 15, and all supporting documents filed in connection

therewith.

14. “NewCo” refers to the company NewCo Capital Group.

15. “Person” includes natural persons, corporations, partnerships, joint ventures, sole

proprietorships, unincorporated associations, governmental units and subdivisions and other

entities of all types.

16. “Plaintiff” or “Plymouth” refers to the Plaintiff in this Action, Plymouth Street

LLC, acting derivatively on behalf of Gold Capital Fund LLC.

17. The terms “relating to,” “related to,” “regarding” mean affecting, comprising,

containing, constituting, concerning, describing, detailing, disclosing, discussing, embodying,

evidencing, explaining, identifying, referencing, reflecting, showing, stating, supporting, or in

any manner relating or referring to the subject, directly or indirectly.

18. “Request” or “Requests” refers generally to the requests for documents set forth

herein; “Request No(s)” refers specifically to the applicable numbered request or requests set

forth herein.

19. “Simmons” refers to the other named defendant in this Action, Simmons Capital

LLC.

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20. “Sitt” refers to Abraham Sitt, one of the named defendants in this Action.

21. The terms “You,” “Your,” or “Defendants” should be understood to refer to the

Defendants to which these Requests are directed, Abraham Sitt and Dumbo Capital Holdings

LLC, and all other persons acting or purporting to act on behalf of, or who are subject to the

direction or control of, Defendants.

22. Each of the foregoing definitions is incorporated by reference into each Request

set forth below.

INSTRUCTIONS

1. The time period applicable to all Requests is January 1, 2018 to the present,

except if a different time period is set forth in a specific Request No.

2. Pursuant to CPLR § 3101(h), these Requests are continuing in nature. If, after the

production of Documents made pursuant to these Requests, You obtain or become aware of any

further Documents responsive to these Requests, including receiving, producing, creating,

discovering, or acquiring further Documents, You are required to produce such Documents.

3. In the event the parties do not otherwise reach an agreement regarding the scope

of information to be provided in a privilege log as provided in Rule 11-b(a) of the CD Rules, if a

Request calls for the production of a writing or Document to which You claim a privilege as a

ground for not producing, please set forth with respect to the writing or Document it is (e.g.,

letter, memorandum, telegram, chart, report, tape recording), the Document or Documents by

title and date to which the objection applies or the production of which You are withholding, the

author or authors of the Document and all recipients of the Document, including those to whom

the Document was distributed, shown, or explained, the subject matter (without revealing the

information as to which privilege is claimed), the present custodian, number of pages,

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attachments or appendices, the privilege upon which You are relying, the holder of the privilege

and, within sufficient specificity to permit the Court to make a full determination whether the

claim or privilege is valid, each and every fact or basis which the claim for such privilege is

made. If a Document is in part privileged and in part not privileged, supply the foregoing

information regarding the privileged portion and produce the non-privileged portion with an

indication wherever privileged portions have been withheld.

4. If any Document requested herein was at one time in existence but has been lost,

discarded or destroyed, identify such Documents as completely as possible, including the type of

Document, its date; author, addressee, subject matter, number of pages, attachments or

appendices, all persons to whom distributed, shown or explained, the date or approximate date it

was lost, discarded or destroyed; the circumstances and manner in which it was lost, discarded or

destroyed; the reason(s) for disposing of the Document (if discarded or destroyed); the identity of

all persons authorizing or having knowledge of the circumstances surrounding the disposal of the

Document; the identity of the person(s) who lost, discarded or destroyed such Document; and the

identity of all persons having knowledge of the contents thereof.

5. A Request for any Document shall be deemed to include, in addition to the

Document itself, a Request for exhibits and attachments to the Document and enclosures sent or

kept with the Document. To the extent that a portion or part of any Document is responsive to

this Request, this Request shall be construed to call for production of the entire Document.

6. These Requests seek the production of all originals or legible copies of the

Documents and tangible things requested herein which are within Defendants’ possession,

custody, or control from any source whatsoever, including, without limitation, their offices

wherever located, their employees or former employees, agents or former agents, counsel or

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former counsel, accountants or former accountants, advisers or former advisers, representatives

or former representatives, directors or former directors, and/or officers or former officers.

7. Reference to an entity or individual includes the present and former subsidiaries,

affiliates, divisions, joint ventures, partners, present and former officers, present and former

directors, present and former advisers, present and former employees, present and former

trustees and administrators, present and former agents, present and former accountants, present

and former counsel, representatives or former representatives, and/or any other person or entity

acting or purporting to act on its or his behalf, either at the time of the events in question or at the

present, unless otherwise provided.

8. In interpreting these Requests, the singular form of a word shall be considered to

include within its meaning the plural form of the word so used, and vice versa; the masculine

form of a word shall be considered to include within its meaning the feminine and neutral forms

so used, and vice versa; the use of any tense of any verb shall be considered to include within its

meaning all other tenses of the verb so used; whenever the term “all” is used herein, it shall also

be construed to mean “any” and “each” and vice versa; and the use of “and” shall be considered

to include “or” and vice versa, in each instance so that these Requests are more rather than less

inclusive.

9. To the extent that You object to any Request, Your responses and objections must

comply strictly with Rule 11-e of the CD Rules.

10. Plaintiff reserves the right to supplement or amend these Requests up to and

including the time of trial.

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REQUESTS

REQUEST NO. 1 All documents and communications regarding or relating to GCF.

REQUEST NO. 2 All documents and communications regarding or relating to

Plymouth.

REQUEST NO. 3 All documents and communications regarding or relating to

Dumbo.

REQUEST NO. 4 All bank statements of GCF.

REQUEST NO. 5 All bank statements of Dumbo.

REQUEST NO. 6 All documents regarding or relating to NewCo, including without

limitation, all data and reports associated with any loan funded or syndicated with NewCo and all

periodic statements of account for any NewCo account for which You maintain access rights.

REQUEST NO. 7 All communications regarding or relating to NewCo, including

without limitation all communications with any representative of NewCo.

REQUEST NO. 8 All documents regarding or relating to ADP, including without

limitation, all data, reports, payroll and/or other periodic statements of account for any ADP

account for which You maintain access rights.

REQUEST NO. 9 All communications regarding or relating to ADP, including

without limitation all communications with any representative of ADP.

REQUEST NO. 10 All agreements (including, but not limited to, syndication

agreements, contractor agreements, employment agreements or broker/agent agreements)

between GCF and each of the following:

a. Aaron Abramov
b. Alby Baby Company LLC
c. Allstate Property Solutions

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d. Ally Merchant Services LLC
e. Albert Beyda
f. BH Success Consulting LLC
g. Louis Bildirici
h. Moses Borgere
i. Brojay Properties LLC
j. Chabad of Dumbo Inc
k. Avi Chait
l. Cryptic Express LLC
m. Crypto Holdings LLC
n. DLD interests LLC
o. Dumbo Capital Holdings LLC
p. EL Tech Holding LLC
q. Encore capital Finance INC
r. FAST FUND PROS LLC
s. Ashley Gittens
t. Albert Halawani
u. Shane Himmelman
v. Chaim Holman
w. Hustle And Grind Holdings LLC
x. JAHS LLC
y. Jet Smart Holdings LLC
z. Lucky Star Licensing LLC
aa. MAHS LLC
bb. Merchant Sources USA INC
cc. MI CONSULTING SERVICES LLC
dd. Jallah E Nelson
ee. Plymouth Street LLC
ff. RSJ Productions LLC
gg. Joshua Saadia
hh. Zacharia Setton

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ii. Sims Eleven LLC
jj. Steven Sitt
kk. SKNY Capital Solutions LLC
ll. Smash Tech LLC
mm. SS Jemal Inc Defined benefits plan
nn. Ephraim Uzan
oo. Joshua Uzan
pp. Dwayne Webster

REQUEST NO. 11 All agreements (including, but not limited to, syndication

agreements, contractor agreements, employment agreements or broker/agent agreements), if any,

between Sitt (including any entities under his control) or Dumbo and each of the following:

a. Aaron Abramov
b. Alby Baby Company LLC
c. Allstate Property Solutions
d. Ally Merchant Services LLC
e. Albert Beyda
f. BH Success Consulting LLC
g. Louis Bildirici
h. Moses Borgere
i. Brojay Properties LLC
j. Chabad of Dumbo Inc
k. Avi Chait
l. Cryptic Express LLC
m. Crypto Holdings LLC
n. DLD interests LLC
o. Dumbo Capital Holdings LLC
p. EL Tech Holding LLC
q. Encore capital Finance INC
r. FAST FUND PROS LLC

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s. Ashley Gittens
t. Albert Halawani
u. Shane Himmelman
v. Chaim Holman
w. Hustle And Grind Holdings LLC
x. JAHS LLC
y. Jet Smart Holdings LLC
z. Lucky Star Licensing LLC
aa. MAHS LLC
bb. Merchant Sources USA INC
cc. MI CONSULTING SERVICES LLC
dd. Jallah E Nelson
ee. Plymouth Street LLC
ff. RSJ Productions LLC
gg. Joshua Saadia
hh. Zacharia Setton
ii. Sims Eleven LLC
jj. Steven Sitt
kk. SKNY Capital Solutions LLC
ll. Smash Tech LLC
mm. SS Jemal Inc Defined benefits plan
nn. Ephraim Uzan
oo. Joshua Uzan
pp. Dwayne Webster

REQUEST NO. 12 All agreements (including, but not limited to, syndication

agreements, contractor agreements, employment agreements or broker/agent agreements), if any,

between Simmons and each of the following:

a. Aaron Abramov
b. Alby Baby Company LLC

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c. Allstate Property Solutions
d. Ally Merchant Services LLC
e. Albert Beyda
f. BH Success Consulting LLC
g. Louis Bildirici
h. Moses Borgere
i. Brojay Properties LLC
j. Chabad of Dumbo Inc
k. Avi Chait
l. Cryptic Express LLC
m. Crypto Holdings LLC
n. DLD interests LLC
o. Dumbo Capital Holdings LLC
p. EL Tech Holding LLC
q. Encore capital Finance INC
r. FAST FUND PROS LLC
s. Ashley Gittens
t. Albert Halawani
u. Shane Himmelman
v. Chaim Holman
w. Hustle And Grind Holdings LLC
x. JAHS LLC
y. Jet Smart Holdings LLC
z. Lucky Star Licensing LLC
aa. MAHS LLC
bb. Merchant Sources USA INC
cc. MI CONSULTING SERVICES LLC
dd. Jallah E Nelson
ee. Plymouth Street LLC
ff. RSJ Productions LLC
gg. Joshua Saadia

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hh. Zacharia Setton
ii. Sims Eleven LLC
jj. Steven Sitt
kk. SKNY Capital Solutions LLC
ll. Smash Tech LLC
mm. SS Jemal Inc Defined benefits plan
nn. Ephraim Uzan
oo. Joshua Uzan
pp. Dwayne Webster

REQUEST NO. 13 All correspondence with each of the following:

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u. Shane Himmelman
v. Chaim Holman
w. Hustle And Grind Holdings LLC
x. JAHS LLC
y. Jet Smart Holdings LLC
z. Lucky Star Licensing LLC
aa. MAHS LLC
bb. Merchant Sources USA INC
cc. MI CONSULTING SERVICES LLC
dd. Jallah E Nelson
ee. Plymouth Street LLC
ff. RSJ Productions LLC
gg. Joshua Saadia
hh. Zacharia Setton
ii. Sims Eleven LLC
jj. Steven Sitt
kk. SKNY Capital Solutions LLC
ll. Smash Tech LLC
mm. SS Jemal Inc Defined benefits plan
nn. Ephraim Uzan
oo. Joshua Uzan
pp. Dwayne Webster

REQUEST NO. 14 All documents and communications regarding or relating to

Abraham Mishaan (“Mishaan”), including without limitation, all Your communications with

Mishaan.

REQUEST NO. 15 All documents and communications regarding or relating to Jacob

Setton (“Setton”), including without limitation, all Your communications with Setton.

REQUEST NO. 16 All documents and communications regarding or relating to

Solomon Dahan (“Dahan”), including without limitation, all Your communications with Dahan.

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REQUEST NO. 17 All documents regarding or relating to any current business entity

in which Defendant Abraham Sitt is associated (either as an owner, principal, director, member,

employee, consultant or agent) which provides cash advance, loans or other forms of financing to

its customers.

REQUEST NO. 18 All documents regarding or relating to Simmons.

REQUEST NO. 19 All documents regarding or relating to any compensation,

distribution or other payment from Simmons to Defendant Abraham Sitt or any entity in which

he has an interest.

REQUEST NO. 20 All documents regarding or relating to Dumbo.

REQUEST NO. 21 All documents regarding or relating to any compensation,

distribution or other payment from Dumbo to Defendant Abraham Sitt or any entity in which he

has an interest.

REQUEST NO. 22 All communications regarding or relating to Simmons and any

other current business entity in which Defendant Abraham Sitt acts as an owner, director,

member, employee or agent, including without limitation, all Your communications with any

employee of, or anyone else purporting to act on behalf of, Simmons.

REQUEST NO. 23 All communications with any individual or other entity associated

with the email domain “@simmonscap.com” or any other previous or future iteration of that

email domain.

REQUEST NO. 24 All documents regarding or relating to GoDaddy.

REQUEST NO. 25 All communications regarding or relating to GoDaddy, including

without limitation, all Your communications with any representative of GoDaddy.

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REQUEST NO. 26 The Proprietary Leads that were stored on a hard drive that

belonged to GCF, as described in paragraphs 37-42 and 46-47 of the Complaint.

REQUEST NO. 27 All documents and data relating to the business leads that

Defendants purchased using GCF’s credit card but which were not incorporated into the

Proprietary Leads, as described in paragraphs 48-49 of the Complaint, including without

limitation, all such business leads themselves.

REQUEST NO. 28 All documents that You reviewed or otherwise relied on in

preparing Defendants’ Answer.

REQUEST NO. 29 All documents that You reviewed or otherwise relied on in

preparing Defendants’ MTD.

REQUEST NO. 30 All documents and communications that support, rebut, or

otherwise relate to any of the allegations, affirmative defenses and counterclaims asserted in

Defendants’ Answer.

REQUEST NO. 31 All other documents that Defendants intend to introduce into

evidence or otherwise rely on in this Action.

Dated: New York, New York SASSON LAW PLLC
December 20, 2023

By: /s/ Moshe Sasson
Moshe Sasson
1370 Broadway, 5th Floor
New York, New York 10018
212.949.7501 - phone
212.949.7500 - main office
msasson@sassonlawpllc.com
Attorneys for Plaintiff

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Case Info

Judge

Jennifer G. Schecter Track Judge’s New Case

Case No.

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Document Filed Date

December 20, 2023

Case Filing Date

June 14, 2023

County

Parties

Abraham Sitt (Counterclaim Plaintiff) Defendant
BERTACCINI, DANIEL NOAH Attorney for the Plaintiff
BORELLI, JOHN ANTHONY Attorney for the Defendant
DUMBO CAPITAL HOLDINGS LLC (Counterclaim Plaintiff) Defendant
GOLD CAPITAL FUND LLC (Nominal Defendant) (Crossclaim Defendant) Defendant
PLYMOUTH STREET LLC, derivatively on behalf of GOLD CAPITAL FUND LLC (Counterclaim Defendant) Plaintiff
REBHUN, JASON J. Attorney for the Defendant
SASSON, MOSHE Attorney for the Plaintiff
SIMMONS CAPITAL LLC Defendant
TRACY, ALEXANDREA Attorney for the Defendant

For full print and download access, please subscribe at https://www.trellis.law/.

Party Notice: Plymouth Street Llc, Derivatively On Behalf Of Gold Capital Fund Llc (Counterclaim Defendant) v. Abraham Sitt (Counterclaim Plaintiff), Dumbo Capital Holdings Llc (Counterclaim Plaintiff), Simmons Capital Llc, Gold Capital Fund Llc (Nominal Defendant) (Crossclaim Defendant)

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