KREMSKY v. KREMSKY

Filing 31

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO QUASH SUBPOENAS 25 , PLAINTIFF'S MOTION FOR PROTECTIVE ORDER 26 , PLAINTIFF'S MOTION TO STRIKE OBJECTIONS TO THE SUBPOENAS 29 , IT IS ORDERED THAT DEFENDANT'S MOTION TO QUA SH THE PLAINTIFF'S 12/8/2016 SUBPOENAS 25 IS GRATNED IN PART; PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER OR TO MODIFY 26 IS GRANTED IN PART; PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S OBJECTIONS TO THE 10/13/2016 SUBPOENAS 29 IS GRANTED IN PART AND DENIED IN PART; ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/3/17.1/3/17 ENTERED AND COPIES E-MAILED. (ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STANTON S. KREMSKY

v.

CIVIL ACTION

N0.16-4474

KENNETH F. KREMSKY
ORDER
AND NOW, this

3rd

day of January 2017, upon consideration of Defendants' Motion to

quash subpoenas (ECF Doc. No. 25) and Plaintiffs Response (ECF Doc. No. 28), Plaintiffs
Motion for protective order (ECF Doc. No. 26) and Defendant's Response (ECF Doc. No. 30),
Plaintiffs Motion to strike objections to the subpoenas (ECF Doc. No. 29), and following oral
argument, it is ORDERED:
1.

Defendant's Motion to quash the Plaintiffs December 8, 2016 subpoenas (ECF

Doc. No. 25) is GRANTED in part and, as more fully described in an accompanying
Memorandum, the December 8, 2016 subpoenas upon casinos and banks including Bank of
America, CitiBank, Citizens Bank and TD Bank are QUASHED.

As any lasting prejudice can

be cured, Defendant's request for attorney's fees or additional sanctions is denied without
prejudice should there be any further actions taken without prior notice to the opposing party;
2.

Plaintiffs Motion for a protective order or to modify (ECF Doc. No. 26) is

GRANTED in part:
a. As Defendant cannot independently obtain financial statements or alternative proof of
income and expense relating to the real property at issue, either party may obtain, and
inquire upon, only those portions of the opposing party's subpoenaed tax returns
relating to the income and expenses or depreciation related to the real property at issue;

b. All financial information, including portions of tax returns, relating to the real estate at
issue shall be held confidential by the parties, their counsel and experts without
disclosure to a third party and no filing under seal without our approval; and,
3.

Plaintiffs Motion to strike Defendant's objections to the October 13, 2016

subpoenas (ECF Doc. No. 29) is GRANTED in part and DENIED in part:
a. Plaintiff withdraws its subpoena upon Mondelez International, LLC and shall write to
this witness as soon as possible today notifying of the withdrawal of subpoena with
copy to Defendant's counsel;
b. Attorney Abramoff shall produce any non-privileged documents relating to the
formation of HG Kremsky RE Holdings, LLC no later than January 10, 2017;
c. Subpoenaed witnesses Citizens Bank, Sun National Bank, TD Bank, NA, Trident
Mortgage Company LP shall produce any responsive mortgage application relating to
the identified real property and account statements relating to any lending secured by
the identified real property; and,
d. The parties shall produce all previously quarantined documents received to date in
response to subpoena to opposing counsel no later than January 4, 2017.

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