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Iacovacci v. Brevet Holdings LLC

Motion to Strike Answer of Corporate Defendants Denied for Failure to Show Harm

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The following e-filed documents, listed by NYSCEF document number (Motion 026) 898, 899, 900, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 927, 928, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1066, 1067, 1068 were read on this motion to/for CONTEMPT. DECISION ORDER ON MOTION Plaintiff Paul lacovacci moves for an order holding defendants and their counsel in criminal and civil contempt pursuant to Judiciary Law §753 (A) (3) and §750 (A) (3) for violating this Court’s order dated November 29, 2017 (Cohen, J.) (NYSCEF Doc. No. 62 [the Order]); striking defendants’ answer pursuant to CPLR 3103(c) and/or directing that an evidentiary hearing be held to determine whether to do the same; disqualifying defendants’ counsel Greenberg Traurig LLP (GT) and Bidermann, Hoenig, Semprevivo (BHS) based on their contemptuous acts and pursuant to the lawyer-witness rule. BACKGROUND Plaintiff was a founding member of some of the corporate defendants, Brevet Capital Partners III, LLC and Brevet Capital Holdings III, LLC (the LLCs), along with individually-named defendants Mark Callahan, Douglas Monticciolo, and John Tripp (see NYSCEF Doc. No. 1 at 29-73 [LLC Agreements]). Plaintiff alleges that he advised defendants he intended to withdraw and retire as a member from the LLCs in January 2016 (see NYSCEF Doc. No. 820 [proposed second amended verified complaint] [SAVC] at 3) and the parties began to negotiate a separation agreement (NYSCEF Doc. No. 899 [Weiss aff] at

4-5). Pursuant to the LLC Agreements, plaintiff claims he would be entitled to a portion of the net profits of the LLCs over the course of five to ten (5-10) years if he voluntarily withdrew as a member (SAVC at 4). According to plaintiff, the defendants insisted on an overly broad non-compete provision, and the negotiations eventually broke down (Weiss aff at

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