Tuscan Construction, Inc. v. CapaldiAnnotate this Case
Tuscan filed suit against defendant, alleging conflict with and misconduct by defendant surrounding his termination from Tuscan. Defendant asserts Tuscan’s records indicate Tuscan’s majority stockholder and director, Anne Jacobi, misappropriated and misspent Tuscan’s funds. Defendant seeks leave to file a third party complaint against Jacobi, which in turn seeks an accounting, for Jacobi to repay any misappropriated funds to Tuscan, and for Jacobi to cause Tuscan to remit to defendant his share of Tuscan’s assets, or in the alternative to appoint defendant as Tuscan’s receiver. The court denied the motion. The court concluded that, because this case is still in the pleading stage and no immediate relief is sought, and Jacobi has not alleged any prejudice from joinder other than being forced to address the claims against her, it is hard to imagine any prejudice from consolidation. The court asked the parties to provide their positions on consolidating Tuscan v. Capaldi with the claims against Jacobi in letters of no more than two pages, to be submitted along with any exceptions to the draft report.