Antolini v. McCloskey
- George Daniels
- 1:19-cv-09038
- U.S. District Court · Southern District of New York
- 5
In Antolini v. McCloskey, Judge Aaron sanctioned counsel, denied part of his sanctions motion without prejudice, and set procedures for completing the deposition.
Attorney Stuart H. Finkelstein was sanctioned for violating deposition-related court orders, although the amount or extent of the sanctions was left for a later order. Dino Antolini’s deposition was allowed to continue under limits, and Finkelstein’s request for sanctions against defense counsel based on the deposition was denied without prejudice.
What happened
In Antolini v. McCloskey, the court reviewed attorney Stuart H. Finkelstein’s conduct during Dino Antolini’s deposition. An earlier order limited objections and prohibited instructions not to answer except for privilege, but Finkelstein made speaking objections, continued doing so after the court’s warning, and stopped the deposition during questions about matters potentially relevant to whether Antolini authorized the lawsuit.
The court found that Finkelstein violated the earlier order and the court’s deposition rulings. It decided to impose sanctions on him, but said it would determine their extent or amount after the deposition was completed. The court also considered Finkelstein’s motion seeking sanctions against defense counsel, termination of the deposition, and removal of the transcript from the docket.
The court found no basis to terminate the deposition or strike its transcript. It denied without prejudice the portion of Finkelstein’s motion seeking sanctions for defense counsel’s conduct during the deposition, allowing a later motion after the deposition was completed. Judge Aaron ordered that any continued deposition end by July 23, 2021, with up to three additional hours of questioning, and warned that continued violations could lead to severe sanctions, including a recommendation that the case be dismissed unless Antolini obtained new counsel.
The detailed version
- Antolini v. McCloskey · No. 1:19-cv-09038
- George Daniels
- June 19, 2021
Background
On May 6, 2021, the court ordered Plaintiff’s attorney, Stuart H. Finkelstein, to show why he should not be sanctioned under Federal Rules of Civil Procedure 37(b)(2) and 16(f), 28 U.S.C. § 1927, and the court’s inherent authority. The proposed sanctions concerned violations of the court’s March 2, 2021 order and rulings made during Dino Antolini’s deposition. The court had granted Finkelstein two extensions to respond, but he filed his response one day late.
The March 2 order allowed only objections to the form of a question or based on privilege during Antolini’s deposition. Only a privilege objection allowed Antolini to decline to answer. The court found that Finkelstein made speaking objections, repeatedly instructed Antolini not to answer certain questions, continued making speaking objections after the court directed him to stop, and halted the deposition when defense counsel asked about Finkelstein’s arrest warrant and criminal complaint. The court stated that those subjects could relate to whether Antolini authorized Finkelstein to bring the case, an issue the court had previously identified as appropriate for questioning.
Rulings
The court determined that Finkelstein violated the March 2 order and the court’s deposition rulings and imposed sanctions on him. It did not determine the extent or amount of the sanctions in this order. Instead, it stated that it would consider the totality of Finkelstein’s conduct during the remaining deposition and issue a later written opinion and order about the sanctions.
Finkelstein separately moved for sanctions against defense counsel and sought, among other relief, to terminate Antolini’s deposition and strike the deposition transcript from the docket. The court found no basis to terminate the deposition because defendants were entitled to ask questions about whether Antolini authorized Finkelstein to commence the action, including relevant questions concerning the criminal complaint and indictment involving Finkelstein. The court also found no basis to strike the transcript, noting that Finkelstein had expected a complete transcript to be filed, the court had ordered its filing, and Finkelstein had quoted from the transcript in his own publicly filed motion.
The court denied without prejudice the portion of Finkelstein’s sanctions motion concerning defense counsel’s conduct during the deposition. It stated that, after the deposition was completed, Finkelstein could file a motion addressing defense counsel’s conduct during the entire deposition. If defendants continued the deposition, the court ordered that it conclude by July 23, 2021, that defendants could use up to three hours for remaining questions, and that defendants file any remaining transcript within seven days. Defendants were required to notify the court by June 28, 2021, if they chose not to continue the deposition. Judge Stewart D. Aaron also warned that continued violations by Finkelstein could result in severe sanctions, potentially including a recommendation to District Judge Daniels that the case be dismissed unless Antolini obtained new counsel.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.