[1] Debtor is suing JBI, Inc. in a separate action. YA Global believes he is attempting to obtain discovery for that action through his discovery requests in this Action.
5. YA Global altered its responses to Schedule A to respond to the Requests that were not precluded under the Protective Order.[1] Requests 3, 4, 5, and 6 were specifically not responded to because they were barred under the Protective Order.
6. Schedule A’s Request No. 3 asked for “All documents identifying any money or other tangible or intangible property obtained by YA Global on or before July 18, 2005, from any named litigant in the civil action entitled Cornell Capital Partners, LP, v. ASGA, Inc., Tom Kidd, et al. Docket No. L-7634-02, Superior Ct. of New Jersey, that is a result of or otherwise pertains to the claims asserted in that civil action.” This inquiry is barred by the Protective Order because it asks for documents relating to “the underlying issues relating to the judgment,” is “behind the New Jersey judgment,” and relates “to the merits of that judgment.”
7. Schedule A’s Request No. 4 asked for “All documents identifying any money or other tangible or intangible property obtained by YA Global subsequent to July 18, 2005, from any named litigant in the civil action entitled Cornell Capital Partners, LP, v. ASGA, Inc., Tom Kidd, et al. Docket No. L-7634-02, Superior Ct. of New Jersey.” Again, this inquiry was not responded to because it pertains to documents regarding “the underlying issues relating to the judgment,” is “behind the New Jersey judgment,” and relates “to the merits of that judgment.”
[1] Debtor is suing JBI, Inc. in a separate action. YA Global believes he is attempting to obtain discovery for that action through his discovery requests in this Action. Notably, Kidd’s action against JBI should have been included in the estate, however, Debtor failed to disclose its existence.
Extract -
Doc 106 PDF file
viewer.zoho.com |
