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People v. Richmond Capital Grp.

Mere Possibility of Indictment in Future Insufficient to Warrant Stay of Instant Action

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 339, 345, 387 were read on this motion to/for PREL INJUNCTION/TEMP REST ORDR. Upon the foregoing documents, Richmond Capital Group LLC, Robert Giardina, and Michelle Gregg’s (collectively, the Moving Respondents) motion to stay this proceeding and to seal certain papers in support of this motion is denied, and the Moving Respondents are directed to upload unredacted versions of their supporting papers (NYSCEF Doc. Nos. 322-331) to NYSCEF within 20 days of this decision and order. The Relevant Facts and Circumstances A. Mr. Giardina and Ms. Gregg’s Prior Petition to Stay Subpoenas In the two years prior to this proceeding, the New York Attorney General conducted an extensive investigation of the Moving Respondents’ business practices in advancing certain loans. During the course of this investigation, Mr. Giardina and Ms. Gregg were subpoenaed because of their respective roles as the Managing Partner, and the Managing Director and Director of Finance of Richmond Capital Group (NYSCEF Doc. No. 1,

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