FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
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`
`INDEX NO. 2016EF993
`INDEX N0~ 20163F993
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`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
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`(rev. 10mm)
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ONONDAGA
`
`COMMERCIAL DIVISION
`
`PRESIDING JUSTICE: HON. ANTHONY J. PARIS
`
`
`Carl Weiss, Ann Weiss
`
`PRELIMINARY CONFERENCE
`STIPULATION AND ORDER
`
`Plaintiff(s),
`
`—V-
`
`Commercial Division
`
`Index No.: 2016EF993
`
`RH No.: 33-17-0200
`
`Zellar Homes, Ltd, at al
`
`Defendant(s).
`
`
`All items on this form must be completed unless inapplicable.
`Use additional pages, if necessary.
`
`(1)
`
`Appearances:
`
`Counsel for Plaintiffis):
`Client’s Name: Carl Weiss and Anne Weiss
`
`Lead Counsel‘s Name: Michael J. Balestra. Esq.
`
`Firm Name and Address: Menter, Rudin & Trivelgie_ce PC
`
`308 Maltbie Street, Syracuse New York 13204
`
`315-474-7541
`Telephone Number:
`
` Facsimile Number: 315.474.4040
`mbalestranenterlaweom
`
`Email Address:
`
`Counsel for Defendant(s):
`
`30f 15
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`lof 22
`1 of 22
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`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONQNDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
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`
`
`INDEX NO. 2016EF993
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`INDEX NO~ 20163F993
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`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
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`See Attached list
`Client‘s Name:
`Lead Counsel’s Name:
`
`Firm Name and Address:
`
`—_____‘_‘__—___—___—_,_.__—.....—-.—-—-—-—-——
`
`Telephone Number:
`
`Facsimile Number:
`
`
`
`
`
`Email Address:
`
`
`
`Counsel for Defendant(s):
`Client's Name:
`
`Lead Counsel’s Name:
`
`Firm Name and Address:
`
`
`
`Telephone Number:
`
`Facsimile Number:
`
`_—_____—...—_..———-———-—
`
`
`
`Email Address:
`
`—..._—~—--_-—-—-—"—”———‘—
`
`(2)
`
`Pertinent Dates:
`
`a' Date Of commencement:LM
`
`b. Date ofJoindcr:
`4l8l16
`1118117
`
`c. RJIDate:
`
`(3)
`
`Nature of Case:
`
`Pursuant to 22 NYCRR 202.12(C)(l), provide a briefdescrgotion of thefacrual and legal
`issues raised in the pleadings.
`
`a. The legal theories and salient facts supporting plaintiff’s claims are: Breach of contract
`by Zellar Homes to construct Plaintiffs' residence. Diversion of trust funds by Zellar
`Homes and David Zellar individually.
`
`Relief Demanded: Damages for breach of contract; accounting and damages on behalf of **M
`
`b. Defendant Zellar Homes
`
`’5 claims.
`2
`
`Ifissue has beenjoined, the legal
`
`“all trust fund beneficiaries under Lien Law Article 3-A.
`
`401315
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`20f 22
`2 of 22
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`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
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`
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`INDEX NO. 2016EF993
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`INDEX NO~ 20163F993
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`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
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`’5 defenses.
`Zellar Homes, Ltd.
`theories and salient facts Supporting defendant
`counterelaims and third-party claims are Failure to state a cause of action gpon which relief may be
`granted. lack of subject matter jurisdiction. lack of capacity to sue. relief is limited by written contractfagreement,
`
`contributiorl,_unjust enrichment, and breach of contract.
`
`Relief Demanded: Dismiss Plaintiffs claims, and $214,711.32 in damage for uwst enrichment or $253,359.36
`in damages for breach of contract. reasonable costs and fees (including atty's fees)
` 0. Defendant David Zellar
`
`li’ issue has been joined, the legal
`’s claims.
`theories and salient facts supporting defendant
`David Zellar
`”s defenses,
`counterclaims and third-party claims are lack of personal jurisdiction, failure to state a cause of action
`upon which reiief may be granted, lack of subject matterjurisdiction. and lack of capacity to sue.
`
`
`
`Relief Demanded: Dismiss Plaintiffs claims with preLnglice‘ grant David Zellar reasonable costs and fees
`(including attorney‘s fees).
`
`(4)
`
`Attornevs’ Consultation:
`
`The parties consulted ina good faith effort to reach agreement on the issues identified in
`Uniform Commercial Division Rule 83" Agreement was reached as foliows:
`
`
`
` _
`
`T AGREEMENT
`DATE OF
`ISSUE DISCUSSED
`CONSULTATION
`REACHED
`4_ (fir NL
`
`Resolution of the case
`_|
`Fact discovery including methods, timing and
`_|_
` sco e
`I Expert disclosure including designation, timing
`I
`and scope
`W18 use ofADR
`_|
`Voluntary and informal exchange ofinformation
`_l_
`I—
`
`Confidentiality and privilege
`_l—
`
`l_The scope, extent, order and form of production
`L
`T
`The anticipated cost and burden of data recovery
`and proposed initial allocation ot‘such costs
`
`
`
`
`
`
`
`
`
`—l
`
`_|
`
`* Concerning electronic discoveryi see Item (8)d below.
`
`COMMENTS:
`Lu
`
`50f 15
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`3of 22
`3 of 22
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`

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`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. N0. 106
`NYSCEF DOC. NO. 106
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`
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`INDEX NO. 2016EF993
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`INDEX NO~ 20163F993
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`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
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`
`
`
`
`
`
`
`
`(5)
`
`Impieader: Do you anticipate the need to add parties?
`Robin CurtisI March 2017
`
`
`If so, who and when?
`
`Note:
`
`Impleader must be compieted no later than 15 days after the end ofthe last parry
`
`deposition.
`
`(6)
`
`Early Disposition:
`
`a. This case is appropriate for early disposition by:
`
`i.
`
`ii.
`
`iii.
`
`iv.
`
`V.
`
`the accelerated adjudication procedures of the Commercial Division of
`the Supreme Court as set forth in Uniform Commercial Division Rule 9
`
`ADR (identify type and timing)
`
`
`
`
`
`limited issue discovery in aid of an early dispositive motion or
`settlement (identify type and timing)
`
`
`dispositive motion that will be filed on or before
`
`
`
`other (identify type and timing)
`
`b. This case is not appropriate for early diSposition because previous settlement negotiations
`have failed; too many factual issues for a dispositive motion.
`
`
`
`(7)
`
`Confidentialig Order:
`
`The court recognizes that most cases in the Commercial Division involve highly sensitive
`information.
`In such cases, the parties may be directed to enter into a Confidentiality
`Agreement that the court will “So Order.” The parties are encouraged to use the model
`
`4
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`60E 15
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`4of 22
`4 of 22
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`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO.
`106
`NYSCEF DOC. NO. 106
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`2016EF993
`INDEX NO. 2016EF993
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`INDEX NO~
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`RfiCfiIVfiD NYSCEF:
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`RECEIVED NYSCEF: 03/06/2017
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`confidentiality agreement found at: htt
`
`:llwwwnvcbaror
`
`
`
`dffre orthodelConfidenl'ialitv.
`
`(if.
`
`The parties
`
`HAVE or X HAVE NOT entered into 8. Confidentiality Agreement.
`
`The parties
`
`
`
`WILL or X WILL NOT enter into 3 Confidentiality Agreement.
`
`If so, then state when:
`
`.
`
`If not, then state why not:
`
`(3)
`
`Disclosure
`
`[See generally 22 NYCRR 202.70(g)]:
`
`It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows
`pursuant to the CPLR and the Uniform Commercial Division Rules:
`
`3.
`
`Insurance Coverage shall be furnished on or before
`
`“fa
`
`b. Bill of Particulars:
`
`i.
`
`ii.
`
`Demand(s) for a bill of particulars shall be served on or before
`March 10, 2017
`
`Response(s) to the demand(s) for a bill ofparticulars shall be served on or
`before April ’14, 2017
`
`0. Document Production:
`
`i.
`
`ii.
`
`iii.
`
`Initial demands for discovery and inspection shall be served on or before
`March 10 2017
`
`Responses to the demands for discovery and inspection shall be served on or
`befine Apflll4,2017
`
`The parties will provide a statement regarding the completeness of document
`production on or before April 28. 2017
`
`iv.
`
`If documents are withheld are grounds of privilege, the parties agree to employ:
`
`
`x
`
`a categorical privilege log
`a document by document privilege log
`other (describe)
`
`70f 15
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`5 of 22
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`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
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`
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`INDEX NO. 2016EF993
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`INDEX N0. 20163F993
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`RECEIVED NYSCEF: 03/06/2017
`RnCnIVnD NYSCEF: 03/06/2017
`
`Note: Pursuant to Uniform Commercial Division Rule 1] -e, unless agreed to by the
`parties or otherwise authorized by the court: document production must be complete before
`the date setfor commencement ofdepositions; and no tater than one month prior to the
`ciose offact discovery, each party must provide opposing counsel with a statement
`regarding the completeness of its document production.
`
`W
`
`COMMENTS:
`
`______—______—,,_,_._._—_._—_——-———~—~—‘-—
`
`____—___~_—_,—,_.—_—-—-——-—-—‘——‘—-—
`
`d. Electronic Discovery
`
`Will there be electronic discovery in the case?
`
`YES
`
`X
`
`NO“
`
`NOT SURE **
`
`*ifthere will be no BS! in this case, then skip ahead to 8e.
`
`* *ifthe parties are not sure whether the case is reasonably likely to inctude ESL then
`refer to the non—exhaustive list ofconsiderations provided in 22 NYCRR 202. I 2 (b) (i).
`
`i.
`
`Attorneys’ Consultation
`
`The parties consulted in a good faith effort to reach agreement on the following ESI
`issues. Agreement was reached as follows:
`
`AGREEMENT
`
`RE?:I§ED
`
`
`
`
`
`sourcesofESI andwhethertheE31 is"reasonabl accessible
`Implementation ofa preservation plan—for notentiall
`
`
`
`
`
`
`DATE OF
`
`
`
`AGREEMENT
`
`DATE OF
`
`CONSULTATION
`
`
`
`ISSUE DISCUSSED
`Identification of potentially relevant
`types or categories of 1381 and the
`relevant time frame
`
`Disclosare of the applications and
`manner in which the ESI is maintalned
`
`Identification of potentially relevant
`
`relevant ESI
`
`
`
`
`
`
`Identification of the individual(s)
` res-onsible for arescrvation of ESI
`
`
`801315
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`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSC3F DOC. NO.
`106
`NYSCEF DOC. NO. 106
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`2016EF993
`INDEX NO. 2016EF993
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`INDEX NO~
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`RfiCfiIVfiD NYSCEF:
`03/06/2017
`RECEIVED NYSCEF: 03/06/2017
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`The sc0pe, extent, order and form of
`.roduction of ESI
`
`
`
`Identification, redaction, labeling and
`logging ofprivileged or confidential
`ESI
`
`Claw-back or other provisions for
`-_rivileed or urotected ESI
`
`The scope or method for searching
`and reviewin_ ES]
`
`REACHED
`Y or N
`
`
`
`
`
` CONSULTATION
`
`
`
`
`
`
`
`
`
`
`The anticipated cost and burden of
`data recovery and proposed initial
`allocation of such costs
`
`ii. Directives concerning electronic discovery:
`
`Separately
`(A) Preservation: [Uniform Commercial Division Rule 8(b)(i)-(v)]:
`for each party, indicate whether a preservation plan has been created, a custodian for
`each computeriserver has been identified, and an individual reSponsible the
`preservation of relevant ES! has been designated. Do not list the names of the
`custodians or the designated individuals; state only the fact that it has been done or
`is in the process of being done.
`
`Plaintiff
`Defendant
`
`Defendant
`
`Yes
`Yes
`
`Yes
`
`No
`No
`
`No
`
`In process
`In process
`
`In process
`
`Indicate whether the
`(B) Production [22 NYCRR 202.70(g)(8)(vi) and (ix)]:
`parties have agreed on the scope and method for searching and reviewing ESI (i.e.
`the relevant search terms or technology-assisted review), the extent, order and form
`of production, and a projected production schedule. Do not list the actual terms of
`the review but just the fact that it has been done or is in the process of being done.
`
`Agreement has been reached:
`
`Yes
`
`No
`
`In process
`
`(C) Privilege Logs and Reductions [Uniform Commercial Division Rule
`8(b)(vii)].
`If the parties intend to treat ESI differently than other production (see
`Item (8)c. above), state how the parties will provide for the identification,
`redaction, and logging of priviieged or otherwise confidential E81:
`
`9 of 15
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`7 of 22
`7 of 22
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`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
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`
`
`INDEX NO. 2016EF993
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`INDEX NO' 20163F993
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`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
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`
`
`
`
`
`
`(D) Claw-Back Provisions [Uniform Commercial Division Rule 8(b)(viii)]:
`State how the parties intend to deal with inadvertent production:
`
`(E) Costs [Uniform Commercial Division Rule 8(b)(x)]: Unless agreed to by
`the parties or otherwise ordered by the court, each party shall bear its own costs
`of production.
`
`iii.
`
`Judicial Intervention
`
`The parties anticipate the need forjudiciai intervention regarding the following
`issues concerning the scope and methods ofpreserving andfor producing ESI:
`
`iv.
`
`Additional Directives
`
`Set forth any additional directives or issues related to ESI:
`
`
`
`
`e.
`
`Interrogatories:
`
`i.
`
`ii.
`
`Preliminary interrogatories shall be served on or before March 10. 201?
`
`Claimicontention interrogatories shall be served on or before Ag“ 14, 2017
`
`Egg; Pursuant to Uniform Commercial Division Rule U-a, unless agreed to by the
`parties or otherwise authorized by the court, interrogatories are limited to 25 in number,
`including subparts, and restricted to thefoliowing topics: names ofwitnesses with
`
`8
`
`10 DE 15
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`8of 22
`8 of 22
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`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
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`
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`INDEX NO. 2016EF993
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`INDEX NO~ 20163F993
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`RnCnIVaD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
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`knowledge of information materialr and necessary to the subject matter of the action,
`computation ofeach category ofdamage aiteged, and the existence, custodian, iocation and
`general description ofmaterial and necessary document, includingpertinent insurance
`agreements, and other physicai evidence. At the conctusion ofother discovery, and at least
`30 days prior to the discovery cut-ofidate, interrogatories seeking the ciaims and
`contentions ofthe opposing party may be served unless the court has ordered otherwise.
`
`COMMENTS:
`
`
`
`f. Depositions of Fact Witnesses
`
`i.
`
`ii.
`
`Depositions shall commence on or after M3? 1 - 2017
`
`Choose (A) or (B) §1_r_1_t_i_ (C):
`
`A..
`
`Deponent
`
`Date
`
`Place
`
`E.
`
`C.
`
`Depositions of all parties shall be completed on or before
`July 28, 2017
`
`Depositions of all non-party fact witnesses shall be completed
`0” or beforeWM
`
`
`Note: Pursuant to Uniform Commercial Division Ruie ii—d, unteSs agreed to by the
`parties or otherwise authorized by the court, the number ofdepositions taken by piaintififs,
`
`9
`
`11 of 15
`
`9of 22
`9 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
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`
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
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`
` «IVnD NYSCEF: 03/06/2017
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`RfiC
`RECEIVED NYSCEF: 03/06/2017
`
`or by defendants, or by third-party defendants, shall be limited to 10 and depositions shall
`be limited to 7 hours per deponent. See Uniform Commercial Division Rule ll-ffor special
`rules regarding depositions ofentities including identification ofindividuals and subject
`matter.
`
`COMMENTS :
`
`
`
`———————r_—__—_u_——_—m
`
`M
`
`g. Fact Discovery shall be completed on or before September 15. 2017
`
`h. Expert Disclosure:
`
`i.
`
`ii.
`
`iii.
`
`
`Plaintifi'(s) X
`at trial
`
`MAY or
`
`WILL NOT introduce expert testimony
`
`
`
`Defendant
`introduce expert testimony at trial
`
`Defendant
`introduce expert testimony at trial
`
`MAY or
`
`WILL NOT
`
`MAY or
`
`WILL NOT
`
`iv.
`
`The parties shall complete expert disciosnre on or before
`
`Plaintiff: 60 days before trial
`
`Defendants: 30 days before
`
`Pursuant to Uniform Commercial Division Rule 13(c), ifa party intends to
`trial
`Note:
`introduce expert testimony at trial or in support ofa motionfor summaryjudgment, no
`later than 30 days prior to the completion offact discovery, the parties shall confer on a
`schedule for expert disclosure -~ including the identification ofexperts, exchange ofreports,
`and depositions oftestifiing experts -- all ofwhich shall be completed no later than 4
`months after the completion offact discovery. Unless agreed to by the parties or otherwise
`authorized by the court, expert disclosure must be accompanied by a written report,
`prepared and signed by the witness, ifeither (A) the witness is retained or specially
`employed to provide expert testimony in the case, or (B) the witness is a party ’3 employee
`whose duties regularly involve giving expert testimony.
`The report must contain: (A) a
`complete statement ofall opinions the witness will express and the basis and the reasons
`for them; (B) the data or other information considered by the witness informing the
`opinion(s),‘ (D) any exhibits that will be used to summarize or support the opinion(s); (D)
`the witness 's qualifications, including a list ofallpublications authored in the previous l 0
`years; (E) a list ofall other cases at which the witness testified as an expert at trial or by
`deposition during the previousfour years: and (F) a statement ofthe compensation to be
`paid to the witnessfor the study and testimony in the case.
`
`Absent good cause, the court will preclude the use ofexpert disclosure not timely provided.
`10
`
`12 of 15
`
`10 of 22
`10 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
`
`
`
`2016EF993
`INDEX NO. 2016EF993
`INDEX N0.
`
`
`
`
` RfiCfiIVfiD NYSCEF:
`03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`COMMENTS:
`
`
`
`
`
`i. Other Disclosure:
`
`i.
`
`ii.
`
`iii.
`
`Names and addresses of all witnesses, statements and photographs shall be
`
`exchanged on or before
`April 14‘ 2017
`
`Requests for admissions shall be served on or before
`
`
`30 days before trial
`
`Other (specify)
`
`COMMENTS:
`
`
`
`
`
`j. Progress Reports:
`
`i.
`
`ii.
`
`, the parties shall provide the court with
`July 14. 201?
`On
`
`a written report regarding the status of discovery specifically identifying what
`discovery has been completed and what discovery. if any, remains outstanding.
`
`A meeting place conference call is scheduled for
`at which times the parties shall report to the Court the status ofdiscovery. The
`court will provide counsel with call-in information one week prior to the
`conference call.
`
`
`
`(9)
`
`Motions — Generallv:
`
`a.
`
`Plaintifffs) anticipate making the following motions: Motion to amend the complaint and add
`Robin Curtis as a defendant.
`
`
`
`b.
`
`anticipates making the following motions:
`Zellar Homes. Ltd.
`Defendant
`
`Motienio amend the Answer leased neon facts oblainesflhrqugh discovery
`
`
`c.
`
`Defendant
`H.
`
`David Zellar anticipates making the following motions:
`
`:
`5
`.
`
`_ N
`
`
`ote:
`
`Form of Papers
`
`ll
`
`13 Of 15
`
`ll of 22
`11 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
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`NYSC3F DOC. NO.
`106
`NYSCEF DOC. NO. 106
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`20163F993
`INDEX NO. 2016EF993
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`INDEX N0.
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`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`- 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
`-
`Ifa document to be annexed to an affidavit or affirmation is voluminous and 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.
`
`-
`
`(10)
`
`Summag Judgment and Other Dispositivc Motions:
`
`a
`
`Unless otherwise authorized by the court, all dispositive motions shall be made no later
`than the 30th day after filing of the trial note of issue.
`
`Upon any motion for summaryjudgment, other than a motion for summaryjudgment in
`lieu of a complaint, there shall be 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 summaryjudgment shall include correspondingly
`numbered paragraphs 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 contends there
`exists a genuine issue to be tried.
`
`Each numbered paragraph in the statement of material facts required of the moving
`party will be deemed admitted for purposes ofthe motion unless specifically
`controverted by a correspondingly numbered paragraph in the statement required of the
`opposing party.
`
`Each statement of material fact by the movant or opponent, including each statement
`controve‘rting any statement of materiai fact, must be followed by citation to evidence
`submitted in support of or in opposition to the motion.
`
`(11)
`
`Settlement Conference will be held on
`
`(to be set by the Court).
`
`(12)
`
`Trial Note of Issue: Plaintiff shall file a note ofissuefcertificate of readiness on or
`before
`October 13. 2017
`—"——""'—-—'——‘-‘—-———--~—-—-—-——__.____'
`
`12
`
`14 of 15
`
`12 of 22
`12 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
`
`
`
`INDEX NO. 2016EF993
`
`INDEX N0. 20163F993
`
`
`
`
`
`RnCnIVaD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note ofissue must befiled within 12 months ofthe date of(he RHfilingfor a
`standard case or within I5 months of the RJIfilingfor a complex case.
`
`(13)
`
`
`Trial:
`
`a.
`
`b.
`
`0.
`
`(:1.
`
`Plaintiff(s) anticipates the trial of this action will take
`
`6
`
`days
`
`Defendant(s) anticipates the trial of this action will take
`
`days
`
`A final pretrial conference will be held on
`
`(to be set by Court)
`
`The trial of this action will commence on
`
`All pro-trial filings and submissions required by Uniform Commercial Division
`me;
`Rules 27, 23, 29, 31 and 32 (including motions in limine, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pre-trial memorandum,
`requests to charge (with reference to P]I numbers or specific case citations) andjury verdict
`sheet) shall be filed and exchanged with opposing counsel at least 5 days before the final pre-
`trial 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: February17.2017
`
`F7
`
` SO ORDERED:
`
`\
`
`_,\
`
`", f‘_/
`h
`z,
`_
`K“: /
`_ _fl____
`
`Attorney for Plainti
`Michael J. Balestra
`
`
`'
`
`Attorney for Defend ant(s)
`
`
`
`Attorney for Defendant(s)
`
`13
`
`15 of 15
`
`13 of 22
`13 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
`
`
`
`2016EF993
`INDEX NO. 2016EF993
`INDEX N0-
`
`
`
`
` RnCnIVnD NYSCEF:
`03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`
`Note: Trio? note inssue must befilea' it-‘ifiiin [2 months ofthe dare ofthe Rflfit'i'ngfbr a
`standard case or within 1'5 months ofthe RJIfilingfbr a complex case.
`
`(l3)
`
`Trial:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Plaintiff(s) anticipates the trial of this action will take
`
`5
`
`days
`
`Defendant(s) anticipates the trial of this action will take
`
`days
`
`A final pretrial conference. will be held on
`
`(to be set by Court)
`
`The trial of this action wiil commence on
`
`
`
`
`All pre-trial filings and submissions required by Uniform Commercial Division
`Note:
`Rules 2?, 28, 29, 31 and 32 (including motions in Ermine, indexed exhibit binder. witness list,
`identification oi’deposition testimony (with transcripts) pre-trial memorandum,
`requests to charge (with reference to PM numbers or specific case citations) and jury verdict
`sheet) shall be filed and exchanged with opposing counsel at least 5 days before the final pre-
`trial 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.
`
`
`ttorney for P intiff(s)
`
`
`
`
`
`r Defendant(sl Z1: Hit i/
`ttorney
`
`
`
`Attorney for Defendant(s)
`
`DATED: Februag 16, 2017
`
`so ORDERED: A37 I
`
`Hon. An ion .l. Paris]
`
`15 of 15
`
`14 of 22
`14 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSC3F DOC. NO.
`106
`NYSCEF DOC. NO. 106
`
`
`
`2016EF993
`INDEX NO. 2016EF993
`
`INDEX N0.
`
`
`
`
`
`RfiCfiIVfiD NYSCEF:
`03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`
`Note: Trina? note oft'ssue must befileo’ within 22 months of the date ofthe IUIfiiingfor a
`standard case or within I5 months of the RHfit’ingfor a complex case.
`
`(13)
`
`
`Trial:
`
`a.
`
`b.
`
`0.
`
`d.
`
`Plaintiff(s) anticipates the trial of this action will take
`
`6
`
`days
`
`Defendant(s) anticipates the trial ofthis action will take
`
`days
`
`A final pretrial conference will be held on
`
`(to be set by Court)
`
`The trial ofthis action will commence on
`
`
`
`All pre-trial filings and submissions required by Uniform Commercial Division
`m:
`Rules 27, 28, 29, 31 and 32 (including motions in timine, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pro-trial memorandum,
`requests to charge (with reference to I’ll numbers or specific case citations) and jury verdict
`sheet) shall be filed and exchanged with opposing counsel at least 5 days before the final pre-
`trial 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.
`
`DATEDW
`
`
`
`Attorn
`
`for Plaintiff(s)
`
`V A
`
`ttorney for Defendant(s) En, (Hahn-J" (m,
`
`,
`
`Attorney for Defendant(s)
`
`SO ORDERED:
`
`t
`
`t
`
`
`
`Hon. Anthony]. Paris, JSC
`
`13
`
`15 of 15
`
`15 of 22
`15 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
`
`
`
`INDEX NO. 2016EF993
`
`INDEX NO~ 20163F993
`
`
`
`
`
`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note ofissne must befii‘er} within 12 months ofrhe dale ofrhe Mlfilingfor a
`standard case or within 15 months of the RHfl! ingfor a complex case.
`
`(13)
`
`
`Trial:
`
`a.
`
`h.
`
`0.
`
`(:1.
`
`Plaintiffis) anticipates the trial ofthis action will take
`
`6
`
`days
`
`Defendant(s) anticipates the trial ofthis action will take
`
`days
`
`A final pretrial conference will be held on
`
`(to be set by Court)
`
`The trial ofthis action will commence on
`
`
`All pre-trial filings and submissions required by Uniform Commercial Division
`Note:
`Rules 27, 28, 29, 31 and 32 (including motions in limfne, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pre-tria] memorandum,
`requests to charge (with reference to PJl numbers or specific case citations) and jury verdict
`sheet) shall be filed and exchanged with opposing ecunsel at least 5 days before the final pre-
`trial 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.
`
`memw
`
`Attorney for Plaintiff(s)
`
`
`
`(3%“ W 47% {MD Mgr/MM
`
`so ORDERED:
`
`;
`
`x
`
`Hon. Anthony J. Paris, JSC
`
`13
`
`15 Of
`
`l5
`
`16 of 22
`16 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
`
`
`
`INDEX NO. 2016EF993
`
`INDEX N0~ 20163F993
`
`
`
`
`
`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trio! note ofi'ssue mus! befiied i-vi‘thi‘n i2 monihs offlie date qf‘ir’ie RJL/iiiiigfor a
`Standard case or within 1'5 months ()fthe Rflfih‘ngfbr a comptex (I’t’J’SC’.
`
`[13)
`
`
`Trial:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Plaintifiis) anticipates the trial ofthis action will take
`
`days
`
`Defendant(s) anticipates the trial ofthis action will take ___ days
`
`A final pretrial conference will be held on H_
`
`(to be set by Court)
`
`The trial ofthis action will commence on __....___
`
`
`_
`
`All pre—trial filings and submissions required by Uniform Commercial Division
`Bole:
`Rules 2?, 28, 29, 3| and 32 (including motions in itmine. indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts). pre—trial memorandum,
`requests to charge [with reference to PM numbers or specific case citations) and jury verdict
`sheet) shall be tiled and exchanged with opposing counsel at least 5 days before the final pre—
`trial 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.
`
`SO ORDERED:
`
`i’
`
`f
`
`
`
`Hon. Anthony J. Paris, JSC
`
`«'{litiriiey l‘ol‘ Plzl-iiitililis)
`
`Attorney For Defendanns)
`
`l3
`
`15 of 15
`17 of 22
`17 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. NO. 106
`NYSCEF DOC. NO. 106
`
`
`
`INDEX NO. 2016EF993
`
`INDEX NO~ 20163F993
`
`
`
`
`
`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of issue must baffled within i 2 months of the date of the Rfljilingfor a
`standard case or within 15 months ofthe Mffiiingfor a compt'ex case.
`
`(13)
`
`Triai:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Plaintiffis) anticipates the trial ofthis action will take
`
`Dcfendant(s) anticipates the trial ofthis action will take
`
`days
`
`days
`
`A final pretrial conference will be held on
`
`(to be set by Court)
`
`The trial of this action will commence on
`
`All pre-trial filings and submissions required by Uniform Commercial DivisiOn
`w:
`Rules 27, 28, 29, 3] and 32 (including motions in Iimine, indexed exhibit binder, witneSS list,
`identification of deposition testimony (with transcripts), pro-trial memorandum,
`requests to charge (with reference to PJI numbers or specific case citations) and jury verdict
`sheet) shall be filed and exchanged with opposing counsel at least 5 days before the final pre-
`trial 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:M
`
`SO ORDERED:
`
`I
`
`i'
`
`Hon. Anthony J. Paris, JSC
`
`
`
`ey for Defendant(s) @35qu [090‘ij LL11
`
`
`Attorney for Defendant(s)
`
`13
`
`15 of 15
`
`18 of 22
`18 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: -ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. NO.
`106
`NYSCEF DOC. NO. 106
`
`
`
`2016EF993
`INDEX NO. 2016EF993
`
`INDEX N0.
`
`
`
`
`RnCnIVnD NYSCEF:
`03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note offssue mus! befited within 12 months ofrhe dare ofrhe Rflfilingfor a
`standard case or within .75 months ofthe Rflfih‘ngfor a complex case.
`
`(13)
`
`
`Trial:
`
`a.
`
`b.
`
`0.
`
`(:1.
`
`Plaintiffls) anticipates the trial ot'this action will take
`
`6
`
`days
`
`Defendant(s) anticipates the trial of this action will take
`
`days
`
`A final pretrial conference will be held on
`
`(to be set by Court)
`
`The trial of this action will commence on
`
`
`
`All pre-trial filings and submissions required by Uniform Commercial Division
`Tm:
`Rules 27, 28, 29, 31 and 32 (including motions in limine, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pre-tria] memorandum,
`requests to charge (with reference to PJI numbers or specific case citations) and jury verdict
`sheet) shall be filed and exchanged with opposing counsel at least 5 days before the final pre-
`trial 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: February Q. 2017
`Attorney for Plaintiffls)
`
`
`
`ne
`
`r
`
`n anl(5) (”W TQM rrnc.
`
`
`
`Attorney for Defendant(s)
`
`SO ORDERED:
`
`/
`
`I
`
`
`
`Hon. Anthony J. Paris, JSC
`
`13
`
`15 of 15
`
`19 of 22
`19 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM
`FILED: ONONDAGA COUNTY CLERK 03m2017 10:02 AM
`
`NYSCEF DOC. N0. 106
`NYSCEF DOC. NO. 106
`
`
`
`INDEX NO. 2016EF993
`
`INDEX NO~ 20163F993
`
`
`
`
`
`RnCnIVnD NYSCEF: 03/06/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Triai note ofissue must befiied within 12 months oft‘ne date ofthe Mffiiingfor a
`standard case or within 15 months of the Mifiiingfor a complex case.
`
`(13)
`
`Trial:
`
`a.
`
`to.
`
`0.
`
`:1.
`
`Plaintifi(s) anticipates the trial ol‘this action will take
`
`6
`
`days
`
`Defendant(s) anticipates the trial of this action will take
`
`days
`
`A final pretrial conference will be held on
`
`(to be set by Court)
`
`The trial of this action will commence on
`
`All pre-trial filings and submissions required by Uniform Commercial Division
`3%:
`Rules 27, 28, 29, 31 and 32 (including motions in iimine, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pre-trial memorandum,
`requests to charge (with reference to WI numbers or Specific case citations) and jury verdict
`sheet) shall be filed and exchanged with opposing counsel at least 5 days before the final pre-
`trial 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: February l E2017
`
`SO ORDERED:
`
`i
`
`i
`
`Hon. Anthony .1. Paris, JSC
`
`Attorney for Dci‘cndant(s)
`
`I3
`
`15 of 15
`
`20 of 22
`20 of 22
`
`./
`_
`/-
`
`3
`.4./.
`'
`v "Aorney for Defendant(s) 4/! K 5
`
`'
`
`‘
`
`-
`
`
`
`4'A/2Z/5mi/7’Efi
`
`44545,;2559—
`
`‘
`/ R) DDS rifles
`/i\-'C
`
`

`

`FILED: ONONDAGA C