MIAMI (Legal Newsline) – Two parties involved in litigation in New Jersey are asking a federal court in Florida to enforce subpoenas they claim are needed in the defamation suit.
Drinker Biddle & Reath LLP and Antonio Pozos filed a petition on May 17 in the U.S. District Court of the Southern District of Florida against Atlas Leasing Inc., Norman Ginsparg, Jacob Bengio, Mahair Investments LLC, 931121 North Shore LLC and Omi Florida LLC to enforce nonparty subpoenas.
Pozos filed the petition seeking documents related to pending litigation in the U.S. District Court for the District of New Jersey over allegations of defamation and false light against Pozos and Drinker Biddle & Reath. The New Jersey action is over allegations Pozos spoke regarding connections between the plaintiffs in the action and convicted felon Philip Esformes on a conference call.
"This petition to enforce pertains to third party subpoenas issued to individuals and entities with established connections to Esformes’ criminal network," the petition states. "Information obtained from these parties is likely to prove the truth of Mr. Pozos’ alleged and actual statements—an absolute defense to plaintiffs’ claims of defamation and false light."
The plaintiffs are represented by Oliver Benton Curtis III and Asra C. Chatham of McDermott Will & Emery LLP in Miami.
U.S. District Court of the Southern District of Florida case number 0:19-CV-61261