Nature of the Motions and Parties’ Positions
- Plaintiffs seek to compel Mr. Gordon's attendance at examinations for discovery after three postponements.
- Gordon defendants request plaintiffs post $22,500 each as security for costs, citing plaintiffs' insolvency.
Allegations and Background
- Claim issued on June 26, 2020, for $22,000,000 in damages for negligence and other grievances by Gordon defendants.
- Plaintiffs allege financial mismanagement by Mr. Gordon, including excessive life insurance premiums leading to financial strain.
- CMP is an undischarged bankrupt since October 2020, Mr. Musitano filed a proposal in April 2021, avoiding bankruptcy.
Financial Details
- CMP and Mr. Musitano paid $5,400,000 in life premiums, with a net policy value of $198,000 by 2020.
- Gordon defendants received substantial compensation and commissions from the sale of life insurance policies.
Legal Proceedings and Decisions
- The court dismissed the motion for security for costs against Mr. Musitano but not against CMP.
- Mr. Musitano is deemed not a nominal plaintiff; he has an interest in the outcome and is responsible for litigation costs.
- Plaintiffs failed to demonstrate impecuniosity, so CMP does not avoid posting security for costs.
- Based on the merits, the court finds it unjust to order security for costs against plaintiffs.
Examinations and Health Concerns
- Ordered Mr. Gordon to be examined via video between November 30, 2023, and February 15, 2024, despite health issues.
Costs and Timelines
- Parties to resolve costs themselves,
- If no submissions or agreements on costs by November 8, 2023, costs will be considered settled.