INTL FCStone Markets, LLC v. Intercambio Mexicano de Comercio S.A. de C.V.

Filing 116

MEMO ENDORSED ORDER denying as moot 115 Motion for Discovery. ENDORSEMENT: Motion is denied as moot in light of my Order granting an extension of time to take depositions. See ECF No. 116. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/5/23) (yv)

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Motion is denied as moot in light of my Order granting an
extension of time to take depositions. See ECF No. 116.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________
INTL FCSTONE MARKETS LLC,
Plaintiff,

SO ORDERED.
/s/ Alvin Hellerstein
July 5, 2023
Case No. 18-CV-1004-DAB

v.
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.,
Defendant.
__________________________________
DEFENDANT’S MOTION TO COMPEL DEPOSITIONS
Defendant INTERCAMBIO MEXICANO de COMERCIO S.A. de C.V. moves pursuant
to Fed.R.Civ.P. 37(a)(1) to compel plaintiff and its officers and representative to appear for
depositions pursuant to Notice of Depositions duly and timely served..
Dated: June 30, 2023

LAW OFFICE OF DENNIS GROSSMAN
Attorney for Defendant
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.
/s/ Dennis Grossman
by:__________________________
Dennis Grossman
10 Bond Street (#600)
Great Neck, New York 11021
[phone]
[e-mail]
Of Counsel to:
FISCHER & BURSTEIN, P.C.
Attorneys for Defendant
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.
98 Cutter Mill Road (Suite 294N)
Great Neck, New York 11021
[phone]

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CERTIFICATE OF SERVICE
I certify that on this June 30, 2023 I served copies of the foregoing document by ECF on
the attorneys for plaintiff by filing this document with this Court which then served the attorneys
for plaintiff through this Court ECF’s system.
/s/ Dennis Grossman
Dennis Grossman
10 Bond Street (#600)
Great Neck, New York 11021
[phone]
[e-mail]

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________
INTL FCSTONE MARKETS LLC,
Plaintiff,

Case No. 18-CV-1004-DAB

v.
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.,
Defendant.
__________________________________
DECLARATION OF DEFENDANT’S COUNSEL IN SUPPORT OF DEFENDANT’S
MOTION TO COMPEL DEPOSITIONS
Dennis Grossman declares under penalties of perjury that:
1. I am the attorney for Defendant INTERCAMBIO MEXICANO de COMERCIO S.A.
and am of counsel to Fischer & Burstein, P.C.
2. I make this declaration in support of Defendant’s motion to compel depositions
pursuant to the attached Notice of Depositions duly and timely served.
3. The depositions could not proceed as noticed because of a surgery in the family of
plaintiff’s counsel – I consented to the postponement as a courtesy – but Defendant is compelled
to make this motion to preserve its right to the depositions.
4. I have conferred with plaintiff’s counsel in connection with this request which resulted
in our joint motion yesterday for an extension of time to take the depositions, failing which this
motion is necessary.

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Declarant respectfully submits that the joint request yesterday for an extension of time
should be granted, failing which this motion should be granted.
Dated: June 30, 2023

LAW OFFICE OF DENNIS GROSSMAN
Attorney for Defendant
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.
/s/ Dennis Grossman
by:__________________________
Dennis Grossman
10 Bond Street (#600)
Great Neck, New York 11021
[phone]
[e-mail]
Of Counsel to:
FISCHER & BURSTEIN, P.C.
Attorneys for Defendant
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.
98 Cutter Mill Road (Suite 294N)
Great Neck, New York 11021
[phone]

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CERTIFICATE OF SERVICE
I certify that on this June 30, 2023 I served copies of the foregoing document by ECF on
the attorneys for plaintiff by filing this document with this Court which then served the attorneys
for plaintiff through this Court ECF’s system.
/s/ Dennis Grossman
Dennis Grossman
10 Bond Street (#600)
Great Neck, New York 11021
[phone]
[e-mail]

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________
INTL FCSTONE MARKETS LLC,
Plaintiff,
v.
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.,
Defendant.
__________________________________

Case No.18-CV-1004-AKH

DEFENDANT’S NOTICE TO TAKE DEPOSITIONS
PLEASE TAKE NOTICE that pursuant to Rule 30 of the Federal Rules of Civil
Procedure, Defendant INTERCAMBIO MEXICANO de COMERCIO S.A. de C.V. will take the
following depositions upon oral examination – before a reporter duly qualified to take testimony
and not disqualified under the Federal Rules of Civil Procedure, at the offices of defendant’s
counsel Fischer & Burstein P.C., located at 80-02 Kew Gardens Road, 9th floor, Kew Gardens
(Queens), New York 11415:
1. on June 29, 2023 beginning at 10:00 AM EDT, the deposition of plaintiff INTL
FCSTONE MARKETS LLC by one or more officers, managing agents, directors or
other persons designated by plaintiff pursuant to Federal Rule of Civil Procedure
30(b)(6) to testify on behalf of plaintiff concerning the following matters: the trades
and transactions on the account of defendant maintained at plaintiff; plaintiff’s
Responses dated June 22, 2022 to defendant’s Superseding Interrogatories #1 & #2;
the confirmations issued by plaintiff to defendant purporting to confirm transactions
and/or stop loss orders on defendant’s account; communications between plaintiff and
defendant; plaintiff’s decision to issue to defendant the Notice of Failure to Pay
attached to the Second Amended Complaint as exhibit F (ECF 68-6) and the

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calculation of the amount allegedly due pursuant to such Notice of Failure to Pay; and
plaintiff’s decisions to demand variation margin on the account of defendant; and
2. on June 30, 2023 at 10:00 AM EDT, the deposition of plaintiff’s officer, managing
agent and/or director Albert Scalla;
3. on June 30, 2023 at 1:00 PM EDT, the deposition of plaintiff’s officer, managing
agent and/or director Jason Estrada;
4. on June 30, 2023 at 3:00 PM EDT, the deposition of plaintiff’s officer, managing
agent and/or director Scott Thein.
The depositions will be stenographically transcribed by a reporter who is not disqualified
under the Federal Rules of Civil Procedure.
The deponents are required to bring with them to the above-mentioned depositions, and
to permit defendant to copy and use as exhibits at the depositions, the following documents:
a. all documents which plaintiff contends are confirmations of orders for the
purchase, sale or placement on defendant’s account of securities, stocks, options,
futures positions or contracts, stop loss orders, or any other transactions on
defendant’s account; and
b. all documents which show the market price for the positions in defendant’s account
which triggered the sale(s) of such position(s) pursuant to each and every stop loss
order placed on defendant’s account; and
c. all documents which show the sale(s) in defendant’s account pursuant to each and
every stop loss order placed on defendant’s account; and
d. all documents which plaintiff contends justify each and every stop loss order placed
on defendant’s account; and
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e. all documents which plaintiff contends justify the sale(s) in defendant’s account
pursuant to each and every stop loss order placed on defendant’s account.
DEFINITIONS AND INSTRUCTIONS
(1) The definitions and instructions in S.D.N.Y. Local Civil Rule 26.3 apply.
(2) The terms "and", "or", "and/or", "any", "all", "any and all", "each", "every", "each
and every", "such", "either", "both", "either or both", "either/or", "one or more", "one or both",
"two or more", "(s)", "(es)", "(ies)", "(d)" and "(ed)" shall be construed conjunctively or
disjunctively to make their meanings inclusive rather than exclusive.
(3) “Account” or “defendant’s account” means the account of defendant Intercambio
Mexicano de Comercio S.A. de C.V. maintained or held at plaintiff.
(4) "Between" means between or among.
(5) "Defendant" means Intercambio Mexicano de Comercio S.A. de C.V. and includes
all person(s) employed by, acting for and/or acting on behalf of Intercambio Mexicano de
Comercio S.A. de C.V., regardless of whether such person(s) ceased to be employed by, acting
for and/or acting on behalf of Intercambio Mexicano de Comercio S.A. de C.V. after the events
to which these interrogatories pertain, and regardless of whether such events occurred before or
after the commencement of this action.
(6) "Document" means the full expanse of recorded information within the scope of
Fed.R.Civ.P. 34 and includes all forms of recorded or stored information, on hard copy,
electronic, digital and/or magnetic media, including without limitation paper, other hard surface,
tape recording, magnetic recording, email, computer disc, computer chip, computer drive, flash
drive, optical disc, electronically stored information, or otherwise.

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(7) "Plaintiff" means Intl FCStone Markets LLC and includes all person(s) employed by,
acting for and/or acting on behalf of Intl FCStone Markets LLC, regardless of whether such
person(s) ceased to be employed by, acting for and/or acting on behalf of Intl FCStone Markets
LLC after the events to which these interrogatories pertain, and regardless of whether such
events occurred before or after the commencement of this action.
(8) “Second Amended Complaint” means the Second Amended Complaint (ECF 68)
filed by plaintiff in this action.
(9) "This action" means this present action, case no. 18-CV-1004 in the United States
District Court for the Southern District of New York.
(10) “Variation margin” has the same definition ascribed to it in the Second Amended
Complaint in this action (ECF 68) and in the “Terms of Business” attached as Exhibit A to the
Second Amended Complaint in this action (ECF 68-1).
Dated: June 15, 2023

LAW OFFICE OF DENNIS GROSSMAN
Attorney for Defendant
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.
/s/ Dennis Grossman
by:__________________________
Dennis Grossman
10 Bond Street (#600)
Great Neck, New York 11021
[phone]
[e-mail]
Of Counsel to:
FISCHER & BURSTEIN, P.C.
Attorneys for Defendant
INTERCAMBIO MEXICANO
de COMERCIO S.A. de C.V.,
98 Cutter Mill Road (Suite 294N)
Great Neck, New York 11021
[phone]
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[e-mail]
[e-mail]
CERTIFICATE OF EMAIL AND U.S. MAIL SERVICE
I certify that on this June 15, 2023 I served copies of the foregoing document by:
1. email addressed to plaintiff’s attorneys at their email addresses as follows: Steven
Mellen, Esq., [e-mail], and by:
2. postage prepaid U.S. mail addressed to plaintiff’s attorneys as follows:
Steven Mellen, Esq.
Winget, Spadafora & Schwartzberg LLP
45 Broadway (32nd floor)
New York, New York 10006
/s/ Dennis Grossman
Dennis Grossman
10 Bond Street (#600)
Great Neck, New York 11021
[phone]
[e-mail]

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