Friday, June 24, 2011

Ancillary Rothstein Proceedings Churn On.

TDBankorder

The latest Rothstein news comes from Judge Cooke, who denied TD Bank's motion to stay a civil suit pending before her on the grounds that TD's former Regional Vice President, Frank Spinosa, is about to be indicted and therefore TD can't mount an effective defense:
TD Bank seeks a stay of this civil action pending the outcome of criminal proceedings against Frank Spinosa, its former Regional Vice President. The Government has not indicted Mr. Spinosa. Shortly before the close of fact discovery in this case, TD Bank deposed Plaintiff’s corporate representative, and several of its partners and agents. Two of Plaintiff’s deponents testified about an alleged September 25, 2009 meeting and an alleged August 17, 2009 phone call where Mr. Spinosa made false representations to Plaintiff. The crux of TD Bank’s Motion is that these are new allegations, and that it cannot defend itself against them because Mr. Spinosa has invoked his Fifth Amendment privilege against self-incrimination. Thus, TD Bank seeks a stay of these civil proceedings.
Judge Cooke doesn't buy it:
In light of the allegations in Plaintiff’s Complaint, Plaintiff’s deponents’ testimony that Mr. Spinosa made misrepresentations in an August 17, 2009 phone call and in a September 25, 2009 meeting can hardly be characterized as “new allegations.” This case should not be stayed merely because TD Bank waited until just before close of fact discovery to take the deposition of Plaintiff’s corporate representative, agents, and partners. That Mr. Spinosa would invoke his Fifth Amendment privilege is also not new information. Mr. Spinosa invoked the privilege on June 10, 2010 and December 3, 2010, in two other cases, and he invoked the privilege in a February 17, 2011 deposition in this case.
Hmm, not to put too fine a point on it.

5 comments:

  1. something must be going on. td bank's defense counsel is greenberg traurig. defense counsel gets paid by the hour. discovery is nice hourly work. greenberg knows how to bill. where does this break down?

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  2. See. I don't write about the various Scott Rothstein civil suits. Whatever happened to Kimmie by the way?

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  3. ME LOVES THE KIMMIE

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  4. Ahh the ol Kimmster. Fabled in song and story and slinkly tight dresses. I would love to get a Kimmie update.

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  5. In light of this development, how can Berger Singerman and its head honcho, Paul Singerman remain as counsel for the bankruptcy estate?
    Paul Singerman and still unidentified Berger Singerman insiders were major private shareholders in Gibraltar Private Bank, which was also allegedly used by Rothstein to launder money. Gibraltar was recently cited for money laundering law violations.
    Hasn't anyone looked up the definition of "conflict?"

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