Derrick Lee Cardello-Smith v. Sean Coms (Sean Puff Daddy Combs), et al

Derek Lee cardello Smith sir yes I am your honor all right thank you this is in the matter of Derek Lee cardello Smith um MDOC number 2679 versus Shan Coles Shan Puff Daddy Colmes also known as Sha P Diddy also known as Diddy Bad Boy Records label owner comma founder also known as Puff P daddy comma bad boy did he run the city comma Sean Coles also known as Shan puffy Coles and this is file number 24- 7362 no grab your paperwork here real quick out of this other paperwork we do have Mr Cardel Smith appearing from the Michigan Department Corrections sir where are you currently located I'm located at the Ernest SE Brooks Correctional Facility 25 100 salt shared and drive msan Michigan 49444 ma'am all right thank you sir your thank you so I do see that we do have a proof of service um on um Mr Colmes but for purposes of this hearing you filed a motion for a temporary restraining order and or a preliminary injunction to stop all sales of the property and assets attached to are involved with said property based on interest of plff and plain's connections to defendant sexual assault of plff Derek Lee Cardell Smith requiring a preliminary injunction and or a temporary restraining order we did set that for hearing today and luckily the Brooks Correctional Facility was able to make you available actually they had to drive someone up today on another case so sir um I have received your motion and a proposed order do you wish to argue the motion today sir yes yes your honor all right you may proceed then okay the the purpose of it is based on two actions taken by Mr Colmes himself directly with me here we did a uh live one-on-one visit in our prison visiting room uh there's two meetings within the past two weeks with Mr Colmes on one meeting and then a financial advisor on the other meeting on Mr colm's behalf and he stated that he would make me an offer to end the case and what happened to me because of other things that he stated he has going on in his life that require his money right now and he wants to sell sell everything off and he made me a Financial offer of $2.3 million to allow what happened to me to go away and he stated that he's going to be selling his property and under the Cal under the 2005 California civil code 28 81- 2885 the creation of Lan which allows out of state justices and orders to cause a a stop of any title transfer Property Transfers in Los Angeles or any other place that he has property he stated that he wouldn't be able to proceed with that sale and he did it the day after I served him the uh suit and he also said that he won't be filing an answer to the uh complaint he said you can find me in default or whatever he has a better chance with default than he would with having a restraining order stop and I said so you want to hide what your you want to hide your money and stop remain being quite possibly paid to me if I'm given the benefit of a judgment in my favor for what you've done to me and he pretty much said yeah he go you know how we get down and I said okay well I disagree with how you get down your Sal shouldn't go through so I'm hold on I'm sorry I'm sorry cardello Smith okay so you went in a different direction that I thought you were going into I thought we were just gonna Focus no no no um you kind of um went off on a different direction than what your actual motion was yeah so um what I just want to say is um settlement negotiations um in this case are probably better not yeah they're not for to be placed on the record today okay um no no no no it's okay you're not an attorney I understand that so if we can just um backtrack and focus just on your motion okay thank you if he's allowed to sell his property that he has in LA and the properties that are in his name being used and held by other people in Michigan then it will cause me harm because I can be tied directly to those properties through loans and through other areas of investment that I did when I was out there and while in prison through money that I've sent and if he's allowed to go through with any of the sales I won't be able to recoup any of my monies or anything from him as a result of any possible judgment in this action if he's allowed to proceed with it and a an injunction or restraining order would help ensure that he's not manipulating and selling the property to avoid this his responsibility in these matters here that's what a temporary restraining order would do it would prevent that from happening because you uh it's a very serious matter it involves a lot of money a lot of money and and him selling this is would help him avoid his liability for these actions done upon me and I was just hoping that I'd be able to get the restraining order to prevent that there won't be any harm to him any any of the parties there won't be any harm to him in any way and if it's deemed that it's not justified then he can go ahead and go through with the sell at the end of the of the case but one has to be put in place to stop this from happening okay um Okay so thank you very much um yes hold on I'm just looking back through your complaint yes okay all right I'm going to check one more of your filings so I'm going to step off the bench for two seconds and I'll be right back all right yes judge J alone thank you you with the defense no sir I'm having a hearing in uh the stop the hearing so you could be heard oh thank you thank you nice TI thank you couldn't wear one they don't give us ties yeah that there's a reason for that right yeah there is but they clipons you know yeah clipons are the best aren't they right all right so thank you sir is there anything else you wish to add um there they're uh I was just first off just thank you for giving me the hearing and thank you for setting a pre-trial on this matter thank you your honor there was some other filings there were some other filings that you should have gotten I didn't know if that's one of the filings could have been referring to so I received your complaint and all the attachments to it and then I received this motion um and I just wanted to review take a moment to review back through the US District civil docket and your complaint so I did do that um that's all and um okay okay anything else all of everything that you're looking at the all tied in together every part as crazy as it seems as outrageous as it seems it all ties in every bit of it every fat set okay all right well I have um a proof of service showing that Mr Colmes was served on July 6th um of 200 let me see is that 24 yes yeah looks like 2024 return receipt requested was provided so there is proper service Mr Colmes has neither appeared nor responded to this um request so I'm going to Grant your motion for a preliminary injunction temporary restraining order and order that the defendant and their agents are hereby enjoined temporarily for a period of 90 days from the sale transfer or exchange trade or transaction of title or deed to the property listed as the address and placed on the market by defendants for the amount of $70 million and this property and estate belonging to or connected to defendant Sean Coles shall cease and desist any and all trades transactions or otherwise stop the process of any further actions on this property being continued and this shall have an immediate effect going to date this August 7th of 2024 and I am going to sign this and um we are set for a pre-trial date on Monday September 9th of 2024 at 2:30 p.m. is there anything else yes sir yes thank you so much your honor um first off thank you very much ma'am uh the second thing is um under the summons rules and the court rules of service Mr Colmes the defendant had 28 days after he was served by Mill 21 if it's regular process service his 28th day was the August 3rd and there was no answer on the default and I understand that I have to motion verbally or in writing whichever one you prefer at your however you prefer to have default judgment entered and today is the literally the 2893 31 32nd day I believe and I'd like to to either preserve the issue of default judgment or judgment in my favor based on failure to answer okay whichever you're on would like all right thank you um typically we require that um Miss mcgrain oh no I'm hold on I'm I'm talking to my judicial attorney typically we require the um motion for the affidavit and motion for default be filed so I just miss Adams is Miss mcgrain in her office she is not I'm going to go find her right now judge okay I know I read that rule I read the rule your honor uh MCR 2.63 governs that and it said the party can do it in front of the tri court judge or by mail whatever you want okay hold on one second let me get that usually we require it can you hear Mr Salah M marching down the hallway she sounds like a heard of cat all right okay so sir um the Court rule that you're referring to it's not a trial date so I I think I'm right so you're going to have to file the affidavit and request for default okay okay yes you are and um obviously you'll be able to file that before a pre-trial date anyway okay yes yes your honor okay so the order was granted you order your your exper te motion was granted or your motion for a temporary restraining order was granted I've signed it and so we'll get that processed and back to you and then you'll have to obviously serve that on the parties yes ma'am thank you can your order say any y can you add on your order any any Michigan representatives of him acting on his behalf for Michigan properties as well as part of that order or does that does your order cover everything you provided the order so I'm going off yes I did yes I did yeah so I'm going off the order you provided to me and I've signed that order already that's what I needed thank you all right thank you thank you m thank you Mr cardello Smith and we'll make sure the rit's done and we'll see you back in September thank you thank you God bless all right thank you said I heard a cats I love that she's uh heavy footed I always know when she's coming around the corner