1-08-13 to 5-30-14 Document list NYSC Case# 50098:13 -- Doc. No. 8; Doc. No. 9

8/11/2019 1-08-13 to 5-30-14 Document list NYSC Case# 50098:13 -- Doc. No. 8; Doc. No. 9

1/10

[September 18, 2014]

https://iapps.courts.state.ny.us/nyscef/CaseDetails?docketId=XoCtMVQ3XwfW/d1Vhv3CSQ==

500098/2013 - Kings County Supreme Court

Short Caption: Trustees of the New York City District Council of Carpenters Pension Fund et al - v. -

O'Dwyer & Bernstien, LLP et alCase Type: CommercialeFiling Status: Full Participation Recorded

Case Status: Active

Assigned Judge: Lawrence Knipel

Document List

Doc

#

Document Type

Information

Status

Received

Date

Filing User

View

1 SUMMONS + COMPLAINT Processed 01/08/2013Tenenbaum,

M.

Confirmation

Notice

2

ACKNOWLEDGEMENT OF SERVICE

Acknowledgment of Service (Defendant O'Dwyer

& Bernstien, LLP)

Processed

01/18/2013

Tenenbaum,

M.

Confirmation

Notice

3


Acknowledgment of Service (Defendant Brian

O'Dwyer)

Processed

01/18/2013

Tenenbaum,

M.

Confirmation

Notice

4


Acknowledgment of Service (Defendant Gary

Silverman)

Processed

01/18/2013

Tenenbaum,

M.

Confirmation

Notice

5ACKNOWLEDGEMENT OF SERVICEAcknowlegment of Service (Defendant Gary

Rothman)

Processed01/18/2013Tenenbaum,

M.

Confirmation

Notice

6ANSWER

AnswerProcessed

02/11/2013

Richman, E.Confirmation

Notice

7RJI -RE: REQUEST FOR PRELIMINARY

CONFERENCEProcessed

10/09/2013

Bishop, N.ConfirmationNotice

8PRELIMINARY CONFERENCE ORDERorder dated 2/7/14 filed CC 2/14/14

Processed02/18/2014Court User

Confirmation

Notice

9OTHER ORDER

order dated 5/16/14 filed CC 5/28/14Processed

05/30/2014

Court UserConfirmation

Notice


2/10

ILED: KINGS COUNTY CLERK 02/18/2014 INDEX NO. 500098

YSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/18

COMMERCI L

IVISION

PRELIMIN RY CONFERENCE ORDER

PURSU NT

TO

P RT

2 2

OF THE UNIFORM CIVIL

RULES

FOR THE

SUPREME

COURT KINGS

COUNTY

Date Fe6lP 7 2 f

Plaintiff s)

Index

#

~ O ( ) J r 6 / u J I 3

I

-against-

0 ( Dwyer 1- Bef /lSf /el]_; - L - ~ f a./

..

Defendant s)

Defendant Q Dwyu J 5 c r . f 1 . J J c ~ Lt.l,

eJ-

t1/, is represented by

7

Firm: Wh1 r F l e / ) C ~ I l ( ; 8 ~ , L

Lf

Responsible Attorney: f c

"I A, Ft

;

/ fv"VI 1


3/10

Defendant. s represented by

Firm:

Responsible

Attorney:,

Address:

E-mail:

Telephone:

Fax:

b) Defendant s

Claims

I

Defenses

Amount Demanded:

Defendant

s Claims

I Defenses

Amount

Demanded:

Defendant s Claims Defenses

Amount Demanded:

.

Defendant s

Claims

Defenses

Amount

Demanded:

2


4/10

IT

IS HEREBY

ORDERED

THAT

THIS

ACTION

IS ASSIGNED

TO THE

XPEDITED STANDARD

OMPLEX

TRACK

AND DISCLOSURE

SHALL

PROCEED AS FOLLOWS:

1) BILL

OF PARTICULARS

See CPLR 3130 1)): ;/L

a) Demand or i l Y Q f particulars shall be served by lllr/9

b e f o r e _ - - - ~

J J L ; .

/ L t _

. . L . -

on

or

b) Bill o Particulars all be served by

111/A

on or

before.

41-T--L-L. . . ----

c) BILL OF PARTICULARS

SERVED:

[ ] Satisfactory

[ ] Unsatisfactory - because:

2) DOCUMENT PRODUCTION

DISCOVERY

AND INSPECTION:

a)

All

Demands for Di covery and Inspection

CPLR

3120) shall be served not

later than days from the date o this Order.

a

f e;::u/y

.sel've.

b) All respons s

to

Discovery an Inspection demands shall be served not later

than - days after 1eceipt o the opposiftg party ies) defflartd s). -

D e ~ 1 1 f s . frcJtLcf/D 1

1

/71ctrcl; f{b 2.{) '/

7 1 / f a r ~ t r f f s

, . / 1 - v r t ~ C f { D A /Jp ',

( f

c) All demands for production

o

books, d o c u ~ n t ~ , records and other writings

relevant

to

the issues in this case shall be deemed

to

include a demand for

f/q

1

production o any photograph s), audio tape s), video tape s), computer

disk s) or program s) and e-mail. The failure to comply herewith may result r ~

in preclusion from the introduction o such evidence.

Mvt

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5/10

(4) DEPOSITIONS To be held as follows:

(Priority shall be in accordance with

CPLR

3106 unless otherwise agreed or ordered)

Party Date Time Place

{ k sdVKluJed

rt

CCJrry:JI rLAce co,{e;-e ce.-

FAILURE TO APPEAR FOR DEPOSffiON AS SCHEDULED WILL

BE

DEEMED A WAIVER.

FAILURE

TO PRODUCE A SPECIFIED WITNESS FOR DEPOSffiON WILL

PRECLUDE

SUCH WITNESS S TESTIMONY AT TRIAL

ON BEHALF OF

THE

PARTY

FAILING TO

PRODUCE.

SUCH

PARTY

MAY ALSO BE

DEEMED

TO

HAVE

WAIVED THE DEPOSffiON

OF

THE

OPPOSING

PARTY.

5) OTHER DISCLOSURE

a)

Commissions

or

letter rogatory CPLR 3108):

Identify

and set forth the

J l v r , . , ~ u - / Zv/'j

(b) Expert disclosure CPLR 3101[d])

Plaintiff(s) shall provide expert disclosure by

Defendant(s) shall provide expert disclosure

A : : t ~ ~ f

/ J ( t h l ? r r ~ l l j

6)

PRESERVATION OF ELECTRONIC

EVIDENCE

(a) The term ESI shall include, but not be limited to, e-mails and attachments,

voice mail, instant messaging and other electronic communications, word processing

documents, text files, hard drive spreadsheets, graphics, audio and video files,

databases, calendars, telephone logs, transaction logs, internet usage files, offline

storage or information stored on removable media, information contained on laptops or

other portable devices and network access information and backup materials, Native

Files and

the

corresponding Metadata which is ordinarily maintained.

b)

Within 10 days

of

the

execution

of

this

PC

Order, all signatories hereto shall,

in compliance

with

Rule 8(b)

of the

Uniform Commercial Division Rules (22

NYCRR

202.70), submit

to the

Court a copy

of

the agreed written plan/stipulation for

the

preservation of ESI related documents, data and tangible things reasonably anticipated

to be subject to discovery in this action. Such plan, which may be updated, shall

identify

the

categories

of ESI

to be preserved, individuals responsible for preservation,

maintenance and production of

ESI

and issues relating

to

potential costs

of

maintenance, preservation and production of ESI. In the alternative, counsel may

stipulate to limit and/or eliminate

the

discovery of

ESI

in whole or part

and/or

forego or

4


6/10

limit the production

of

information in electronic form. A copy of such stipulation must

be

submitted to the court within 10 days

of

this Order.

(c) For the relevant periods relating to the issues in this litigation, each party

shall take all reasonable steps (including suspending aspects of ordinary computer

processing and/or backup of data that may compromise or destroy ESI) necessary to

maintain and preserve such ESI as may be (i) relevant to the parties claims and/or

defenses, or (ii) reasonably calculated to lead to the discovery of admissible evidence,

including but

not

limited

to

all such

ESI

data generated by and/or stored on the party s

computer system(s) and/or any computer system and storage media (i.e., internal and

external hard drives, hard disks, floppy disks, memory sticks, flash drives and backup

tapes), under the party s possession, custody and/or control. The failure

to

comply

herewith may result in appropriate sanctions or such other relief

as

the court may be

authorized to impose or award, including but not limited to precluding use of evidence,

taking adverse inferences, and/or rendering judgment in whole

or

part against the

offending party(ies).

(d) (i) When

ESI

is produced, it shall be produced on appropriate electronic

media (i.e.

CD

DVD

or

portable hard-drive) in the following format(s),

as

may

be

agreed:

Digital images endorsed with numbers and confidentiality legends, searchable text

and agreed-to metadata fields with regard to the following data:

t i v e Format with metadata intact and, as a ~ p r o ~ r i a t e under the

c i r e u m s ~ n e e s

-

endorsed with numbers anti confidentiality legerrds with regard to tire follotving

,data:

_ h e

following format, as agreed by the parties, with regard

to

the following data:

(ii) n the absence

of

an agreement by the parties, the court shall direct the

manner of production upon application of the party(ies).

(e) Issues with regard to cost shifting shall be brought to the attention of the

Court as soon

as

practicable.

7)

CONFIDENTIALITY

/NON DISCLOSURE AGREEMENT

(a)

n

the event

that

there

is

a need

for

a Confidentiality/Non-Disclosure

Agreement prior to disclosure, the party(ies) demanding same shall prepare

and circulate the proposed agreement. f the party(ies) cannot agree as to

same, they shall promptly notify the Court. The failure to promptly seek a

n f i ~ e n t t a t y

agreement may result in a waiver

of

same.

(b)

cc.fJ7jif+...S

anticipates the need for a

5


7/10

1-oo ve u ~ t ' / 1 . & ~ 1 I'Q.(/Q[rf

8) DISCOVERY RELATED DISPUTES:

Issues relating to disclosure shall be resolved between counsel without Court

intervention whenever possible. f Court intervention becomes necessary, a

conference call may be arranged with the Judge or Law Clerk pursuant to Kings

County Commercial Division Rule 18 and must take place prior

to

any motions

being made.

9) INSURANCE COVERAGE IF APPLICABLE :

10) IMPLEADER: Shall

be

completed on or before 41fJ Jf 011

vr ttfo,c

lv

J11j

1

Ll

C 'A1flt

H ..

11) END DATE FOR ALL DISCLOSURE:

[)e_c.J;

?/1\hel 3

~ :J .

Dt

7 ,

12)

ALTERNATIVE DISPUTE RESOLUTION:

[ ] Requested

]

Declined

14) NOTE

~ ~

note of issue/certificate of readiness shall be filed on or

y

b e f o r e

Failure to file a note of issue by this date may result in the

dismissal

of

this action.

{ J

'

vr tc P re

15) MOTIONS: Any dispositive motion s) shall

~ l l M f l t = R t

rlil 011 or

before

f-ebf-Uatf2l;:J-0/s;---

~ G Jqt, C f ~ k cr

j Vt:

ft ~ /

Zn t

rtf ' J

16) FINAL SETTLEMENT CONFERENCE: A final settlement conference,

t

which the

parties must be present,

shall

be

held on

THE DATES SET FORTH HEREIN MAY NOT BE ADJOURNED

OR

MODIFIED

EXCEPT WITH APPROVAL OF THE COURT.

IN THE EVENT OF NON-COMPLIANCE WITH THE TERMS OF THIS ORDER

COSTS OR OTHER SANCTIONS MAY BE IMPOSED INCLUDING PRECLUSION

OF EVIDENCE.

IF A SETTLEMENT

IS

REACHED THE COURT SHALL BE PROMPTLY NOTIFIED

AND A COURTESY COPY OF THE STIPULATION OF DISCONTINUANCE SHALL

BE PROMPTLY FORWARDED TO THE COURT. PLAINTIFF

IS

RESPONSIBLE

FOR FILING THE STIPULATION WITH THE COUNTY CLERKAND SHALL PAY

THE

FEES

UNLESS OTHERWISE AGREED BETWEEN THE PARTIES S PART OF

6


8/10

.

. THE WRITTEN STIPULATION.

7


9/10

. .

. I .._

ADDITIONAL DIRECTIVES:

THE PARTIES HAVING APPEARED FOR A PRELIMINARY CONFERENCE ON

THIS

DATE HAVE REVIEWED THE TERMS

AND/OR CONDITIONS OF THIS

ORDER AND HEREBY AGREE TO SAME.

A T T O R N E Y R PLAINTIF_ _:S - - - - - - - - -

ATTORNEY FOR DEFENDANT

S

_________

ATTORNEY

_ _

___

FOR DEFENDANT:________

ATTORNEY_____

FOR DEFENDANT:

_______

; ; : ;: r : _ _ _ _ _

ATTORNEY_____

n -

FOR DEFENDANT:_______

~ \

o

ATTORNEY_____

FOR DEFENDANT: r

: f 2 ~

:.t:P

~

S

?

0

- r:

& ~ ; ;

SO ORDERED:

2014ate

EB

-

7

8


10/10

ILED: KINGS COUNTY CLERK 05/30/2014 INDEX NO. 500098

YSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/30

PRESENT:

Hon.,_...:.. _:__n_,

1

f.f-t_JL-------

JHO

- ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) (

1 vt,ktl vf- flf - y,rk_ (,t, Plaintiff(s),

Dulnc.L L"" "'' . ;, ( f 4 r p t ~ t l n t i t > ~ fvv

J

t t f i

l

-agamst-

O D t o ; t r ~ ~ f 1 1 ~ f l t I J iLflJct,.l

Defendant(s)

-----------------------------------------------------------------)(

At

the

ewihl O ~ t . . e t fT h e

Supreme

Court of the State ofNew York, held in and for

the County

of

Kings, at the Courthouse located at

360 Adams Street, Brooklyn New York on the

day of 1'/ , 20rj_

Cal. No.

I f ~

CPh-

Documents

1-08-13 to 5-30-14 Document list NYSC Case# 50098:13 -- Doc. No. 8; Doc. No. 9