Like a pingpong game, the litigants keep slamming the ball across the table, hoping for a breakthrough. The American Numismatic Association and its former executive director Christopher Cipoletti remain locked in a heated battle over a previous arbitration award and other issues.
Among the latest looped shots aimed at the other:
• Cipoletti filed a motion to appeal the arbitration ruling against him that calls for a payment of more than $50,000 to the ANA to cover some of its arbitration costs. Cipoletti offered to post with the court 125 percent of the award, or $67,000, during the pendency of the appeal.
• ANA’s attorney issued a supplementary proceedings subpoena to Cipoletti as a judgment debtor, demanding that he present financial information to the court on Nov. 12. The information subpoena was served on him at his residence on Nov. 3 while his children were present.
• Cipoletti then filed a motion to quash the subpoena, and asked the court to issue a stay on enforcing the arbitration award. Counter punching, he then asks the court to issue sanctions for “unprofessional conduct” against the ANA attorney for having the subpoena delivered to his residence in front of his minor children.
• Not to be outdone, the ANA responds to motion to quash the subpoena, saying Cipoletti had not submitted the necessary money to the court.
• Hitting the pingpong ball back, a court judge then ruled and granted Cipoletti’s motion to stay enforcement of the arbitration award during appeal; the judge also grants Cipoletti’s motion to quash the subpoena; but denies the Cipoletti motion for sanctions against ANA’s attorney.
The latest chapter in the story begins with Cipoletti’s emergency motion to the court to halt ANA’s efforts to collect on its $53,000 judgment. His lawyer says that “the Trial Court, in its discretion ... may stay execution of or any proceedings to enforce a judgment when an appeal is taken and the appellant gives a ... bond pending disposition on appeal.”
Cipoletti’s lawyer says he “plans to appeal this court’s finding that his challenge to the arbitrator’s award was untimely.”
ANA’s attorney in court filings says “To date, despite numerous representations in pleadings and communications between counsel that respondent will be immediately posting a bond, respondent has failed to post the required cash bond or any other acceptable bond.”
Judge Thomas Kelly Kane gave a five-day stay to allow bond to be posted (in cash) and denied the request for sanctions. Stay tuned as match point of this set approaches.