`
`PRESIDING JUSTICE: DEBORAH H. KARALUNAS
`
`CENTRAL NEW YORK REGIONAL
`TRANSPORTATION AUTHORITY
`
`P1aintiff(s),
`
`-V_
`NORMAL COMMUNICATIONS, LLC,
`GROWTH MARKETING GROUP OF NY, LLC,
`and ARNOLD H. ROTHSCHILD Defendant
`
`REVISED
`
`STIPULATION AND ORDER
`
`Index No, 2014EF391
`RH No_ 334 44275
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF ONONDAGA
`
`COMMERCIAL DIVISION
`
`[All items on the form must be completed unless inapplicable.]
`
`Pertinent Dates:
`
`.
`.
`2/2/14
`(a) Date ofCommencement:
`(b) Date ofJoinderfissue hammts have requested that Plalntlff
`( ) RJID t
`'cmszmz—an—extensi-on-ofitime—until 5/16/14 to serve an answer
`C
`ae:
`counterclaims .
`
`Nature of Case:
`
`(a) Plaintiff’s Claims: The lawsuit arises out of a transit advertising contract between
`
`Plaintiff and Defendant, Plaintiff claims that Defendant is liable for conversation,
`
`$3,050,784 ,00
`
`$1,080,399.00 plus penalties, interest and attorney‘s fees
`(b) Amount Demanded:
`(C) Defendant’s Defenses and Claims: lhulefensemlaflmsninjnstnnflchmentilidequate
`contract formation ultra vires conduct b Centro-actin in a urel commercial ca aci
`, lack
`of riVi with Rothschild and
`'
`-
`aims "
`are unjust enrichment caused by detrimental reliance, tortious inferference with business.
`((1) Amount Demanded:
`
`
`
`Attorney’s Consultation:
`
`, 201 i, in a good faith effort to reach
`The parties consulted on May 2 and 12
`agreement on the issues identified in Uniform Commercial Division Rule 8. Agreement
`was reached as follows:
`
`(a) Resolution of case
`
`(b) Discovery
`
`(0) ADR
`
`(d) E—discovery
`
`(e) Confidentiality and privilege
`
`(f) Designation of experts
`
`(4)
`
`Early Disposition:
`
`(a) This case is appropriate for early disposition by:
`
`JUIY 9: 2014
`
`.
`- ADR (provide type and timing) July, 2014 - Defendants propose mediation
`- Limited issue discovery in aid of early dispositive motion/settlement July 2014
`— Dispositive motion will be filed on or before
`- Other
`
`(b) This case is not appropriate for early disposition because Plaintiff is a public authority
`accountable to the People of the State of NY and requires full disclosure before settlement
`can be considered.
`
`It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
`
`(5)
`
`Insurance Coverage shall be furnished on or before
`
`N/A
`
`(6)
`
`Bill of Particulars: Demand for a bill of particulars shall be served on or before
`N/A
`
`(7)
`
`Interrogatories shall be served on or before
`
`
`
`Depositions: Choose (a) or (b)
`
`(a) Deponent
`
`Date & Time
`
`(b) The parties shall set a schedule for depositions. Depositions of all parties shall be
`completed on or before October 15 2015
`. Depositions of all non-party
`witnesses are to be completed on or before December 15 2015
`
`Expert Disclosure:
`
`(no later
`
`(no later
`
`Note: Expert disclosure provided after these dates without good cause will be precluded
`from use at trial.
`
`Other Disclosure:
`
`(a) P1aintiff(s) shall serve expert disclosure on or before May 4, 2015
`than 30 days after the filing of the trial note of issue).
`(b) Defendant(s) shall serve expert disclosure on or before Ju1y4 2015
`than 60 days after the filing of the trial note of issue).
`
`any claim of confidentiality. gee 22 NYCRR § 216.1.
`
`(a) Names and addresses of all witnesses, statements and photographs shall be
`exchanged by all parties on or before
`June 14, 2014
`
`(b) Demands for discovery and inspection shall be served on or before JUIY 9’ 2014
`
`.
`
`(c) Demands for admissions shall be served on or before May 4, 2015
`
`(d) Other (specify)
`
`N/A
`
`Confidentiality/Non—Disclosure Agreement:
`
`anticipates the need for a Confidentiality/Non-
`(a)
`Disclosure Agreement as to the following:
`N/A
`
`Note: In the event that a Confidentiality/Non—Disclosure Agreement is required, the party
`seeking confidentiality shall promptly prepare and circulate a proposed agreement. The
`failure to promptly prepare and circulate a proposed agreement may result in a waiver of
`
`
`
`(12)
`
`End Date for All Disclosure:
`
`April 4, 2015
`
`Note: On consent parties may modify the specific dates set forth in this discovery
`stipulation and order provided that all discovery is completed by the discovery cut-off
`date.
`
`Impleader shall be completed on or before
`
`JUIY 9, 2015
`
`Motions - Generally:
`
`(a) Plaintiff(s) intends to make the following motions Summary Judgment
`
`.
`
`(b) Defendant(s) intends to make the following motions Summary Judgment
`
`contends that there exists a genuine issue to be tried.
`
`only discrete portions are relevant to the motion, counsel shall attach only the
`pertinent excerpts and submit the full exhibit separately.
`— Memoranda of law shall not exceed 25 pages in length; reply memoranda of law
`shall not exceed 10 pages in length.
`- Sur—replies and post-argument submissions are not allowed without advance
`express permission of the Court.
`
`Note: Form of Papers
`- The notice of motion or order to show cause shall include a statement of the
`
`precise relief sought.
`- All dispositive motions must include a copy of the pleadings.
`- Exhibit tabs are required.
`- If a document to be annexed to an affidavit or affirmation is voluminous and
`
`(15)
`
`Summary Judgment and Other Dispositive Motions:
`
`(a)
`
`(b)
`
`All dispositive motion(s) (including a motion to dismiss or a motion for summary
`judgment) shall be made no later than the 30th day after filing of the trial note
`of issue.
`
`Upon any motion for summary judgment, other than a motion for summary
`judgment in lieu of a complaint, there shall be annexed to the notice of motion a
`separate, short and concise statement, in numbered paragraphs, of the material
`facts as to which the moving party contends there is no genuine issue to be tried.
`
`Papers opposing a motion for summary judgment shall include a correspondingly
`numbered paragraph responding to each numbered paragraph in the statement of
`the moving party and, if necessary, additional numbered paragraphs containing a
`separate short and concise statement of the material facts as to which that party
`
`
`
`Each numbered paragraph in the statement of material facts required to be served
`by the moving party will be deemed admitted for purposes of the motion unless
`specifically controverted by a correspondingly numbered paragraph in the
`statement required to be served by the opposing party.
`
`Each statement of material fact by the movant or opponent, including each
`statement controverting any statement of material fact, must be followed by
`citation to evidence submitted in support of or in opposition to the motion.
`
`Settlement Conference will be held on
`
`(to be set by the Part Clerk).
`
`Trial Note of Issue: Plaintiff(s) shall file a note of issue/certificate of readiness
`on or before April 4, 2015
`.
`
`Note: Trial note of issue must be filed within 12 months of date of filing RJI for a
`standard case or within 15 months of filing RJI for a complex case.
`
`Trial:
`
`days.
`6- 5
`(a) Plaintiff(s) anticipates that the trial of this action will take
`days.
`(b) Defendant(s) anticipates that the trial of this action will take
`6.5
`(c) A pretrial conference will be held on
`(to be set by Part Clerk).
`((1) The trial of this action will commence on
`
`Hon. Deborah H. Karalunas, JSC
`
`@: All pre—trial filings and submissions required by Uniform Commercial Division
`Rules 27, 28, 29, 31 and 32 (including motions in limine, indexed exhibit binder, witness
`list, identification of deposition testimony (with transcripts), pretrial memorandum,
`request to charge (with reference to P]I numbers or specific case citations) and jury
`verdict sheet) shall be filed and exchanged with opposing counsel at least five (5) days
`before the final pretrial conference.
`
`Failure to comply with any of these deadlines, rules or directives may result in the
`imposition of costs or sanctions or other action authorized by law.
`
`DATED; May 13, 2014
`
`Wfla W—
`
`Attomey for Plaintiff(s)
`
`SO ORDERED:
`
`/
`
`/
`
`Attorney for Defendant(s)
`
`Attorney for Defendant(s)
`
`
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