Petitioners maintain that Schwed was subpoenaed because he is purportedly in exclusive possession of the administrator credentials to a Microsoft Office 365 email account that all employees in RTI Cable utilized.

Accordingto the petition, the subpoena duces tecum seeks, inter alia, “the companies’ operating documents, sale of stock in the companies, shareholder meeting information, and outside investor information, and communications regarding all of those categories.” Generally, pre-action disclosure in connection with an out-of-court arbitration is frowned uponby the courts since the parties have elected to proceed using an arbitral, as opposed to a judicial, tribunal to resolve their dispute (see De Sapio v. Kohlmeyer, 35 NY2d 402, 406 [1974]).

Accordingto the affidavit submitted by Schwed,the ownership ofthe email accounts from whichPetitioners seek to access various communications, remain in dispute.

Schwed’s affidavit and his counsel’s affirmation further indicate that, as ofthe date Schwed’s responsive papers werefiled, there was an application for a protective order relating to the email accounts pendingin the San Francisco State Court Action.

or otherwise, or a majority ofthem, may summonin writing any person to attend before them or any of them as a witness and in a propercase to bring with him or them any book, record, document, or paper which may be deemed material as evidencein the case.

Defendants, Jordan M. Linker and EAN Holdings, LLC, by their attorneys, CARMAN, CALLAHAN & INGHAM, LLP, as and for their Answer to the Plaintiff’s Complaint, respectfully set forth and allege, upon information and belief, as follows:

Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph Nos. 13, 14, 15, 16 and 17 of the Plaintiff’s Complaint and respectfully refer all questions of law to the Court at the time of trial.

Duly executed and acknowledged written authorizations permitting the undersigned to obtain copies of all hospital, and physician’s records, including x-rays and films, for those institutions and physicians that have treated the party seeking recovery for any prior or subsequent injuries to the same and/or similar body part allegedly injured in the subject accident.

PLEASE TAKE FURTHER NOTICE, that the said documents and information are to be provided, or copies of the same served upon the offices of Carman, Callahan & Ingham, LLP, 266 Main Street, Farmingdale, New York 11735, within twenty (20) days after service of this demand upon you.

Pursuant to CPLR §3017, within fifteen (15) days form the date of service of this request, you are hereby required to set forth the total damages to which plaintiffs deem himself/herself entitled and list same separately for each cause of action.

Upon reading and filing the annexed affidavit of Confession of Judgment, sworn to on the 4th day of February, 2022 , by defendant(s) Deva Little Neck Inc DBA Toskana Pizzeria Or Toskana Pizzeria Restaurant AND DEVA HOLDINGS LLC, and Cefli Deva, the Affidavit of Andrew Parker, President of Plaintiff The LCF Group, Inc. AND ON MOTION OF The Feldman Law Firm, P.C., Attorney for plaintiff herein, it is.

ADJUDGED that the plaintiff, The LCF Group, Inc., residing at 3000 Marcus Avenue, Suite 2W15, Lake Success, NY 11042, recover of the defendants Deva Little Neck Inc DBA Toskana Pizzeria Or Toskana Pizzeria Restaurant and DEVA HOLDINGS LLC, residing at 24825 Northern Boulevard Unit 1A 1B, Little Neck, NY 11362 and Cefli Deva residing at 17 Mead Avenue, Hicksville, NY 11801, the sum of $52,015.00 together with interest from June 14, 2022 thereon amounting to $585.17, Attorneys fees as provided for within the Confession of Judgment in the amount of $17,336.60, No Stacking Fees in the amount of $19,760.00, Default Fee(s) as provided for within the Confession of Judgment in the amount $2,500.00, costs in the amount of $15.00 and disbursements in the amount of $210.00, amounting in toto to $92,421.77 Dollars, and that the plaintiff have execution therefor.

Judgment signed this ______________ day of ___________, 2022

At a(an) IAS/Special Term Part ___ of the Supreme Court of the State of New York, held in and for the County of Nassau, at the Courthouse thereof, located at 100 Supreme Court Drive, Mineola, New York on the ___ day of 20___

Justice of the Supreme Court In the Matter of the Application of RTI Connectivity PTE Ltd. and Russell A. Matulich to Enforce Subpoenas for the Production of Documents and Testimony of David L. Schwed (Motion Seq.

Oral Argument Requested Upon the annexed Petition, dated July 28, 2022, the annexed affirmation of Kete Barnes, dated August 1, 2022, the annexed affidavit of Russell Matulich, sworn to on July 27, 2022, the annexed affidavit of Chase Tajima, sworn to on July 28, 2022, and the exhibits annexed thereto, the accompanying memorandum of law, and the pleadings in this action, and good cause appearing therefor: Let David L. Schwed show cause at IAS PART ____ Room ___, of this Court, to be held at the Courthouse, 100 Supreme Court Drive, Mineola, New York, on __________________, 20_____, at _____ o’clock in the _____noon or as soon as the parties to this proceeding may be heard why an order should not be made, providing the following relief:

Ordering Schwed to immediately comply with the Subpoena Duces Tecum served on him by Petitioners on June 18, 2022; 2.

Ordering Schwed to comply with the Subpoena for a Personal Appearance and Testimony served on him by petitioners on June 18, 2022, and sit for deposition by August 18, 2022; 3.

Original Confessed Amount Less Credits on Account Amount Due Cause of Action (Start) Date Anticipated Judgment (End) Date Judgment Interest Rate Interest Claim & Interest

The undersigned, attorney at law of the State of New York, A Member of The Feldman Law Firm, P.C., attorney of record for the plaintiff(s) states that the disbursements above specified are correct and true and have been or will necessarily be made or incurred herein and are reasonable in amount; that the defendant(s) has confessed judgment herein in the amount of $72,661.77.

The undersigned affirms this statement to be true under the penalties of perjury.

In the Matter of the Application of RTI Connectivity Pte Ltd and Russell A. Matulich to Enforce Subpoenas for the Production of Documents and Testimony of David L. Schwed, Index No. 610052/2022 Judge Peterson: We represent Petitioners RTI Connectivity Pte.

We respectfully submit this letter to inform Your Honor of an update to the arbitration proceedings in which Petitioners first obtained the subpoenas for Mr. Schwed’s documents and testimony, and which is the basis of Petitioners’ proceeding here to enforce said subpoenas.

As indicated in Petitioners’ supporting Memorandum of Law, the live portion of the arbitration began on August 22, 2022.

Final oral argument for the arbitration is scheduled for November 11, 2022.

While Petitioners had requested the Court order Mr. Schwed to comply with the subpoenas, produce documents, and sit for deposition by August 18, the issue has not been mooted by the fact that the live arbitration proceeding has been completed.

610052/2022 RECEIVED NYSCEF: 08/11/2022 greater problems because multiple entities—none of which are parties to the Arbitration—claim ownership over the emails in question and are currently litigating these competing ownership ...

As noted above, the ownership of these emails is fiercely contested by RTI-S, RTI-I and RAM— none of which is a party to the Arbitration or this special proceeding. In fact, none of the parties to the Arbitration, including the Petitioners, ...