Sound Around, Inc. v. Friedman

Background

Defendants Moises Friedman, Shulim Eliezer Friedman, ML Imports, Inc., CYRF, Inc., LRI Group, LLC, MDF Marketing, Inc., and World Group Import, LLC requested a pre-motion conference concerning an anticipated motion to quash, meaning to cancel or limit, a subpoena served by Sound Around, Inc. on the Human Resources Administration at the New York City Department of Social Services.

The subpoena sought all documents and records, including benefit applications, periodic reports, and certifications, related to any defendant, as well as all communications between the agency and any defendant from 2019 to the present. The defendants argued that this request covered numerous social-service programs and was overly broad and improper.

Parties’ Positions

The defendants said Sound Around pursued the subpoena after questioning Shulim Eliezer Friedman during a deposition about whether an application for benefits for his family would have been inappropriate or possibly illegal given his income in 2022. They argued that the subpoena was intended to find material that could be used to attack the defendants’ credibility, rather than to obtain evidence relevant to the claims and defenses in the business dispute.

Sound Around declined to withdraw the subpoena after the parties conferred. The defendants’ letter asserted that a hope of finding a falsehood for impeachment does not justify an expansive subpoena for information unrelated to the dispute, citing prior decisions concerning limits on discovery sought only to challenge credibility.

Court’s Action

The court granted the application for a pre-motion conference. It directed the parties to be prepared to discuss the subpoena issues at a conference scheduled for April 28, 2025, at 2:00 p.m. The Clerk was directed to terminate the motion at ECF No. 167. The order did not decide the anticipated motion to quash or otherwise resolve whether the subpoena should be enforced. Judge Katharine H. Parker signed the order.