Aquavit Pharmaceuticals, Inc. v. U-Bio Med, Inc.
- Valerie Caproni
- 1:19-cv-03351
- U.S. District Court · Southern District of New York
- 2
In Jacoby Donner, P.C. v. Aristone Realty Capital, LLC, Judge Caproni ordered letters addressing how related Pennsylvania discovery affects the pending motion.
Jacoby Donner, P.C.; Aristone Realty Capital, LLC; and the nonparties Patrick McGrath, Mansfield Loan Acquisition LLC, and Castlestone Mansfield Inn, LLC.
What happened
Jacoby Donner, P.C. asked the Southern District of New York to require Aristone Realty Capital, LLC, and three nonparties to respond to subpoenas, document requests, and interrogatories seeking to enforce a Pennsylvania judgment. Judge Caproni noted that related discovery proceedings were already continuing in the Eastern District of Pennsylvania.
The Pennsylvania court had recently held Aristone and Patrick McGrath in contempt and ordered them to provide complete responses to outstanding discovery. Because obtaining discovery in one court can reduce the need to seek the same materials from the same parties in another court, the New York court requested more information before deciding the motion.
Judge Valerie Caproni ordered Jacoby Donner, P.C. to submit a letter by November 10, 2022, explaining the Pennsylvania order’s effect on the pending motion to compel. Aristone’s response was due by November 18, 2022. The order did not decide the motion to compel.
The detailed version
- Aquavit Pharmaceuticals, Inc. v. U-Bio Med, Inc. · No. 1:19-cv-03351
- Valerie Caproni
- Nov. 8, 2022
Background
Jacoby Donner, P.C. moved on July 21, 2022, to compel Aristone Realty Capital, LLC, and nonparties Patrick McGrath, Mansfield Loan Acquisition LLC, and Castlestone Mansfield Inn, LLC, to respond to subpoenas, document requests, and interrogatories issued on June 2, 2022. The requested discovery was intended to enforce a judgment issued in the Eastern District of Pennsylvania. Aristone opposed the motion on August 5, 2022.
Related Pennsylvania Proceedings
The court noted that parallel litigation concerning discovery to enforce the judgment was ongoing in the Eastern District of Pennsylvania. That court had recently held Aristone Realty Capital, LLC, and Patrick McGrath in contempt and ordered them to provide full and complete responses to all outstanding discovery. The court also noted that an order granting discovery in one jurisdiction reduces the need to seek the same materials from the same parties in another jurisdiction.
Order
The court did not rule on the pending motion to compel. Instead, Judge Valerie Caproni ordered Jacoby Donner, P.C. to submit, by November 10, 2022, a letter of no more than two single-spaced pages addressing the effect of the Pennsylvania court’s order on the motion to compel. Aristone’s response, also limited to two single-spaced pages, was due by November 18, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.