Plaintiffs’ Motion To Compel Granted In Part, Defendants’ In Full

Posted: September 22, 2025 / Written by: Thomas A. Kissane, Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Category Discovery/Disclosure

Plaintiffs’ Motion To Compel Granted In Part, Defendants’ In Full

On August 7, 2025, Justice Andrew Borrok resolved motions to compel brought by both sides in a dispute concerning a contemplated assignment of a bankruptcy claim. The case is Ceratosaurus Investors, LLC v. B2C Alternative Equity, LLC, Index No. 653758/2024.

Plaintiffs moved to compel defendants’ compliance with requests for production seeking communications concerning the Assignment of Claim and Trade Confirmation underlying their dispute, including financial information of defendants B2C Alternative Equity, LLC and Ron Charnis. Judge Borrok directed production of the communications as “material and necessary to the claims in this case”, but found “plaintiffs are not entitled to the financial information of B2C and Mr. Charnis because the plaintiffs are not entitled to what amounts to post-judgment collections discovery at this time.” Slip op., p. 2.

Defendants’ motion to compel plaintiffs to produce records of other trades was granted. “[U]nderstanding how the plaintiffs settled other trades, including trade confirmations and assignment of claim agreements with others” and “whether the positions taken by the plaintiff with respect to the Assignment of Claim included ‘customary representations, warranties, covenants, agreements, indemnities, recourse and other provisions for the sale of a bankruptcy claim’ or whether the positions taken by the plaintiff were inconsistent with those that are customary” was “central to the dispute”. Slip op., pp. 2-3 (citation omitted.)

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning discovery.