throbber
FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 10E2017 02:37 PM
`NYSC 3F DOC. NO. 291
`NYSCEF DOC. NO. 291
`
`
`
`INDEX NO.
`2016EF993
`INDEX NO. 2016EF993
`
`
`
` flIV aD NYSCEF:
`
`10/25/2017
`RECEIVED NYSCEF: 10/25/2017
`
`EXHIBIT AAA
`EXHIBITAAA
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`[FILED: ONONDAGA COUNTY CLERK 03/06/2017 10 : 02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`(rev. W15/15)
`
`SUPREM COURT OF THE STATE OF NEW YORK
`COUNTY OF ONONDAGA
`COMMERCIAL DIVISION
`
`PRESIDING JUSTICE: HON. ANTHONY J. PARIS
`
`Carl Weiss, Ann Weiss
`
`Plaintiff(s),
`
`frv-
`
`Zellar Homes, Ltd, et al
`
`PRELIMINARY CONFERENCE
`STIPULATION AND ORDER
`
`Commercial Division
`
`Index No.: 2016EF993
`RJI No.: 33-17-0200
`
`Defendant(s).
`
`All items on this form must be completed unless inapplicable.
`Use additional pages, ff necessary.
`
`(1)
`
`Annearances:
`
`Counsel for Plaintiff(s):
`Client's Name: Carl Weiss and Anne Weiss
`Lead Counsel's Name: Michael J. Balestra, Esq.
`Firm Name and Address: Menter, Rudin & Trivelpiece, PC
`308 Maltbie Street, Syracuse, New York 13204
`Telephone Number: 315.474.7541
`Facsimile Number: 315.474.4040
`Email Address: mbalestra@menterlaw.com
`
`Counsel for Defendant(s):
`
`3 of 15
`
`1 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
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`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Client's Name:
`
`!See Attached list
`
`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: 3/14116
`b. Date of Joinder: 4/8/16
`1/18/17
`Date:
`c.
`
`(3)
`
`Nature of Case:
`
`Pursuant to 22 NYCRI? 202.12(e)(1), provide a brief description of the factual and legal
`issues raised in the pleadings.
`a. The legal theoriesand 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 **
` 's claims. If issue has been joined, the legal
`b. Defendant 7ellar Homes
`2
`
`**all trust fund benefibiaries under Lien Law Article 3-A.
`
`4 of 15
`
`2 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
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`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO, 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
` 's defenses.
`theories and salient facts'supportinu. defendant Zeller Homes, Ltd.
`counterclaims and third-party claims are Failure to state a cause of action upon which relief may be
`granted, lack of subject matter jurisdiction, lack of capacity to sue, relief is limited by written contract/agreement,
`contribution, unjust enrichment, and breach of contract.
`Relief Demanded: Dismiss Plaintiffs claims, and $214,711.32 in damages for unjust enrichment or $253,359.36
`in dathages for breach of contract, reasonable costs and fees (including attys fees)
` 's claims. If issue has been joined, the legal
`c. Defendant David Zellar
` 's defenses,
`theories and salient factssupportirut defendant David Zeller
`counterclaims and third-party claims are lack of personal jurisdiction, failure to state a cause of action
`upon which relief may be granted. lack of subject matter jurisdiction, and lack of capacity to sue.
`
`i
`ss Plaintiffs claims with prejudice, grant David Zeller reasonabl costs and fees
`Relief Demanded: Dism
`(inclUding attorney's fees).
`
`(4)
`
`Attorneys' C:onsultation:
`
`The parties consulted inla good faith effort to reach agreement on the issues identified in
`Uniform Commercial qvision Rule 8.* Agreement \vas reached as Ibllows:
`
`ISSUE DISCUSSED
`
`DATE OF
`CONSULTATION
`
`AGREE.MENT
`REACHED
`(V or N)
`
`Resolution of the easel
`Fact discovery including _methods, timing and
`scope
`I
`Expert disclosure ineludin.g designation, timing
`and scope
`The use of ADR
`Voluntary and informal exchanae of intbrmation
`Confidentiality and privilege
`The scope, extent, or r and form of production
`The anticipated cost and burden of data recovery
`and proposed initial atlocation of such costs
`
`* Concerning electron* discovery, see Item (8)d below.
`
`COMMENTS:
`
`3
`
`5 of 15
`
`3 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`WILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AN!)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
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`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`(5) Impleader: Do you anticipate the need to add parties? If so, who and when?
`Robin Curtis, March 2017
`
`Note: Impleader must be completed no later than 15 days after the end of the last party
`deposition.
`
`(6) Early Disposition:
`
`a. This case is appropriate for early disposition by:
`
`i. the accelerated adjudication procedures of the Commercial Division of
`the Supreme Court as set forth in Uniform Commercial Division Rule 9
`
`ii. ADR (identify type and timing)
`
`iii. limited issue discovery in aid of an early dispositive motion or
`settlement (identify type and timing)
`
`iv. •dispositive motion that will be filed on or before
`
`v. 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)
`
`Confidentiality 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
`
`6 of 15
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`4 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`(FILED: ONONDAGA COUNTY CLERK 03/06/2017 10 : 02 AlvJ)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
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`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
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`confidentiality agreement found at: http://www.nythar.orgipdf/report/ModelConfidentiality.pdf.
`
`The parties
`
`HAVE or X HAVE NOT entered into a Confidentiality Agreement.
`
`The parties
`
`WILL or X WILL NOT enter into a Confidentiality Agreement.
`
`If so, then state when:
`
` If not, then state why not:
`
`(8) 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:
`
`a. Insurance Coverage shall be furnished on or before nia
`
`b. Bill of Particulars:
`
`i.
`
`ii.
`
`Demand(s) fora bill of particulars shall be served on or before
`March 10, 2017
`
`Response(s) to the demand(s) for a bill of particulars shall be served on or
`before April 14, 2017
`
`c. Document Production:
`
`Initial demands for discovery and inspection shall be served on or before
`March 10, 2017
`
`ii.
`
`Responses to the demands for discovery and inspection shall be served on or
`before April 14, 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:
`
` a categorical privilege log
` a document by document privilege log
` other (describe)
`
`5
`
`7 of 15
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`5 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
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`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Pursuant to Uniform Commercial Division Rule 11-e, unless agreed to by the
`parties or otherwise authorized by the court: document production must be complete before
`the date set for commencement of depositions; and no later than one month prior to the
`close offact discovery, each party must provide opposing counsel with a statement
`regarding the completeness of its document production.
`
`COMMENTS:
`
`d. Electronic Discovery
`
`Will there be electronic discovery in the case?
`
`YES
`
`X NO*
`
`NOT SURE **
`
`*If there will be no ESI in this case, then skip ahead to 8e.
`
`* the parties are not sure whether the case is reasonably likely to include ESI, then
`refer to the non-exhaustive list of considerations provided in 22 NYCRR 202.12 (b)(1).
`
`i.
`
`Attorneys' Consultation
`
`The parties consulted in a good faith effort to reach agreement on the following ESI
`issues. Agreement was reached as follows:
`
`DATE OF
`CONSULTATION
`
`AGREEMENT
`REACHED
`(Y or N)
`
`DATE OF
`
`AGREEMENT
`
`ISSUE DISCUSSED
`
`Identification of potentially relevant
`types or categories of ESI and the
`relevant time frame
`Disclosure of the applications and
`manner in which the ESI is maintained
`Identification of potentially relevant
`sources of EST and whether the ESI is
`reasonably accessible
`Implementation of a preservation plan
`for potentially relevant ESI
`Identification of the individual(s)
`responsible for preservation of ESI
`ISSUE DISCUSSED
`
`6
`
`8 of 15
`
`6 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`CONSULTATION
`
`REACHED
`(Y or N)
`
`The scope, extent, order and form of
`production of ESI
`Identification, redaction, labeling and
`logging of privileged or confidential
`ESI
`Claw-back or other provisions for
`privileged or protected ESI
`The scope or method for searching
`and reviewing ESI
`The anticipated cost and burden of
`data recovery and proposed initial
`allocation of such costs
`
`Directives concerning electronic discovery:
`
`(A) Preservation: [Uniform Commercial Division Rule 8(b)(i)-(v)]: Separately
`for each party, indicate whether a preservation plan has been created, a custodian for
`each computer/server has been identified, and an individual responsible the
`preservation of relevant ESI 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
`
`(B) Production [22 NYCRR 202.70(g)(8)(vi) and (ix)]: Indicate whether the
`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 Redactions [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 privileged or otherwise confidential ESI:
`
`7
`
`9 of 15
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`7 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 All
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
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`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`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 for judicial intervention regarding the following
`issues concerning the scope and methods of preserving and/or 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, 2017
`
`Claim/contention interrogatories shall be served on or before April 14, 2017
`
`Note: Pursuant to Uniform Commercial Division Rule 11-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 the following topics: names of witnesses with
`8
`
`10 of 15
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`8 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
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`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
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`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
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`knowledge of information material and necessary to the subject matter of the action,
`computation of each category of damage alleged, and the existence, custodian, location and
`general description of material and necessary document, including pertinent insurance
`agreements, and other physical evidence, At the conclusion of other discovery, and at least
`30 days prior to the discovery cut-off date, interrogatories seeking the claims and
`contentions of the opposing party may be served unless the court has ordered otherwise.
`
`COMMENTS:
`
`Depositions of Fact Witnesses
`
`i.
`
`ii.
`
`Depositions shall commence on or after May 1, 2017
`
`Choose (A) or (B) and (C):
`
`A..
`
`Deponent
`
`Date
`
`Place
`
`B.
`
`C.
`
`Depositions of all parties shall be completed on or before
`July 28, 2017
`
`Depositions of all non-party fact witnesses shall be completed
`on or before September 1, 2017
`
`Note: Pursuant to Uniform Commercial Division Rule 11-d, unless agreed to by the
`parties or otherwise authorized by the court, the nwnber of depositions taken by plaintiffs,
`
`9
`
`11 of 15
`
`9 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`(FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
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`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
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`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 11-ffor special
`rules regarding depositions of entities including identification of individuals and subject
`matter.
`
`COMMENTS:
`
`Fact Discovery shall be completed on or before September 15, 2017
`
`h. Expert Disclosure:
`
`i.
`
`ii.
`
`iii.
`
`Plaintiff(s) X MAY or
`at trial
`
`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 disclosure on or before
`
`Plaintiff: 60 days before trial
`Defendants: 30 days before
`Note: Pursuant to Uniform Commercial Division Rule 13(c), if a party intends to
`trial
`introduce expert testimony at trial or in support of a motion for summary judgment, no
`later than 30 days prior to the completion of fact discovery, the parties shall confer on a
`schedule for expert disclosure -- including the identification of experts, exchange of reports,
`and depositions of testijiing experts -- all of which shall be completed no later than 4
`months after the completion of fact 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, if either (A) the witness is retained or specially
`employed to provide expert testimony in the case, or (B) the witness is a party's employee
`whose duties regularly involve giving expert testimony. The report must contain: (A) a
`complete statement of all opinions the witness will express and the basis and the reasons
`for them; (B) the data or other information considered by the witness in forming 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 of all publications authored in the previous 10
`years; (E) a list of all other cases at which the witness testified as an expert at trial or by
`deposition during the previous four years; and (F) a statement of the compensation to be
`paid to the witness for the study and testimony in the case.
`
`Absent good cause, the court will preclude the use of expert disclosure not timely provided,
`
`12 of 15
`
`10 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`(FILED: ONONDAGA COUNTY CLERK 03/06/2017 10 : 02 PÌ4
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`CONIMENTS:
`
`i. Other Disclosure:
`Names and addresses of all witnesses, statements and photographs shall be
`exchanged on or before April 14, 2017
`
`ii.
`
`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, 2017
`On
`a written report reu,arding 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 of discovery The
`court will provide counsel with call-in information one week prior to the
`conference call.
`
`(9)
`
`Motions - Generallv:
`Plaintiff(s) anticipate making the following motions: 'Motion to amend the complaint and add
`a.
`Robin Curtis as a defendant.
`
` anticipates making the following motions:
`Defendant Zellar Homes, Ltd.
`h.
`_Matidato_amend_the_AnsweLtas_ed_upon facts obtained, through discovery.
`
`Defendant David Zellar anticipates making the following motions:
`c.
`htintionin ami.nd_tbe_Aaswer_based upcst facis_ablairied throughdisc.. nvery
`
`Note: .Form ofPapers
`
`13 of 15
`
`11 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`(FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`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
`Ha 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) Summary Judgment and Other Dispositive Motions:
`
`a.
`
`b.
`
`c.
`
`d.
`
`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 summary judgment, other than a motion for summary judgment 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 summary judgment 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 of the 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
`controverting any statement of material 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 of issue/certificate of readiness on or
`before
`October 13, 2017
`
`12
`
`14 of 15
`
`12 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 A14
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of issue must be filed within 12 months of the date of the RH filing for a
`standard case or within 15 months of the R.11 filing for a complex case.
`
`(13) Trial:
`Plaintiff(s) anticipates the trial of this action will take 6
`
`a.
`
`Defendant(s) anticipates the trial of this action will take
`
`days
`
` days
`
`b.
`
`c.
`
`d.
`
`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
`Note:
`Rules 27, 28, 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 PJl 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 17, 2017
`
`Attorney for Plaintiff(t)
`Michael J. Balestra
`
`Attorney for Defendant(s)
`
`Attorney for Defendant(s)
`
`13
`
`15 of 15
`
`13 of 22
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`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note cif issue muse be filed within 72 months ql the date °fate. RI T -filing for
`filing for a complex case.
`standard case or within 15 months of the
`
`(13) Trial:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Plaintiff(s) anticipates the trial of this action will take g
`
`Defendant(s) anticipates the trial of this action will take
`
` days
`
` days
`
`A final pretrial conference. will be held on (to be set by Court)
`
`The trial or this 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 limit/era indexed exhibit binder, witness list.
`identification of deposition testimony (with transcripts), pre-trial memorandum,
`requests to charge (wi.th reference to Pil 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 16, 2017
`
`ttorney for P intiff(s)
`
`torsi
`
`r Defendant(s)Z,i et
`
`Attorney for Defendant(s)
`
`13
`
`15 of 15
`
`14 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of issue must bellied within 12 months of the date of the R.11 filing for a
`standard case or within 15 months of the RH filing for a complex case.
`
`(13) Trial:
`
`a.
`
`b.
`
`c.
`
`6
`Plaintiff(s) anticipates the trial of this action will take days
`
`Defendant(s) anticipates the trial of this action will take
`
` days
`
`Á final pretrial conference will be held on
`
`(to be set by Court,)
`
`d.
`
`The trial of this 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 limine, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pre-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 impo
`costs or sanctions or other action authorized by law.
`
`t
`
`of
`
`DATED: February 2017
`
`Attorn , for Plaintiff(s)
`
`Attorney for Defendants) f r,
`
`1."k,
`
`Attorney for Defendant(s)
`
`SO ORDERED:
`
`/ /
`
`Hon. Anthony J. Paris, JSC
`
`13
`
`15 of 15
`
`15 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 All
`NYSCEF DOC. NO. 291
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: 'Fria/ note of issue must bellied within 12 months. of the date of the KR filingfor a
`standard case or within 1.5 months of the kit filing for a complex case.
`
`(13) Trial:
`
`a.
`
`b.
`
`c.
`
`d.
`
`6
`Plaintiff(s) anticipates the trial of this action will take
`
`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
`
`Note: 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), pre-trial memorandum,
`requests to charge (with reference to Pil 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 , 2017
`
`Attorney for Plaintiff(s)
`
`Attorney for De
`
`dant(s)
`cesd-r..
`
`pring,.12
`
`Attorney for De crailt(s)
`
`4-Cv k- P 61-g-Ltit"
`6/AA 6-1.4LrYDS 514-61S;46-64-1
`
`'
`
`SO ORDERED: //
`
`Hon. Anthony J. Paris, JSC
`
`13
`
`15 of 15
`
`16 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`NYSCEF DOC. NO. 291
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of issue must bellied within 12 months of the date of the RI 1 filing fin. a
`standard case or within 15 months of the R,11 filing for a complex case.
`
`(13) Trial:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Plaintiff(s) anticipates the trial of this action will take 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 continence on
`
`Note:
`All pre-trial filings and submissions required by Uniform Commercial Division
`Rules 27, 28, 29, 31 and 32 (including motions-in limbic, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pre-trialmemorandum,
`requests to charge (with reference to P.J1 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 mud result in the imposition of
`costs or sanctions or other action authorized by law.
`
`DATED: Z. f l G I I-7
`
`SO ORDERED:
`
`/ /
`
`Hon. Anthony J. Paris, JSC
`
`Attorney for Plaintiff(s)
`
`
` ,
`Attorney for Defendant(s) pudeot How,
`
`Attorney for Defendant(s)
`
`13
`
`15 of 15
`17 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`NYSCEF DOC. NO. 291
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of iSSUe must bellied within 12 months of the date of the Rif filing for a
`standard case or within 15 months of the R.11 filing for a complex case.
`
`(13) Trial:
`Plaintiff(s) anticipates the trial of this action will take 6
`
`a.
`
`days
`
`b.
`
`c.
`
`Defendant(s) anticipates the trial of this action will take
`
` days
`
`A final pretrial conference will be held on (to be set by Court)
`
`d.
`
`The trial of this action will commence on
`
`Note: 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), pre-trial memorandum,
`requests to charge (with reference to PJ1 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 i (p 2017
`
`Attomey.forplaintiff(s)
`
`Astor ey for Defendant(s) WIA•hi‘d
`
`CNN
`
`Attorney for Defendant(s)
`
`SO ORDERED:
`
`/
`
`Hon. Anthony J. Paris, JSC
`
`13
`
`15 of 15
`
`18 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`NYSCEF DOC. NO. 291
`(FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of issue must be filed within 12 months of the date of the R.I1 filing for a
`standard case or within 15 months of the RII filing for a complex case.
`
`(13) Trial:
`
`a.
`
`b.
`
`c.
`
`d.
`
`PlaintitT(s) anticipates the trial of this action will take 6
`
`days
`
`Defen.dant(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
`Note:
`Rules 27, 28, 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 PR 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: Februaryg", 2017
`
`Attorney for Plaintiff(s)
`
`n nt(s)
`
`÷CvItcroJ
`
`c
`
`Attorney for Defendant(s)
`
`SO ORDERED: / /
`
`Hon, Anthony J. Paris, JSC
`
`13
`
`15 of 15
`
`19 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`NYSCEF DOC. NO. 291
`FILED: ONONDAGA COUNTY CLERK 03/06/2017 10:02 AM)
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of issue must be filed within 12 months of the date of the R.I.1 filing for a
`standard case or within 15 months of the VI filing for a complex case„
`
`(13) Trial:
`
`a.
`
`b,
`
`c.
`
`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)
`
`d.
`
`The trial of this 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 limine, indexed exhibit binder, witness list,
`identification of deposition testimony (with transcripts), pre-trial memorandum,
`requests to charge (with reference to Pit 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 /2017
`
`SO ORDERED:
`
`/ /
`
`lion. Anthony J. Paris, JSC
`
`e'khe4frWv-1,47An
`4 4.4 15,e.E
`A orney for Defendant(s) g 5 / DOS7 YieaS /IQ(
`
`Attorney for Defendant(s)
`
`13
`
`15 of 15
`
`20 of 22
`
`

`

`FILED: ONONDAGA COUNTY CLERK 10/25/2017 02:37 PM
`NYSCEF DOC. NO. 291
`(FILED: ONONDAGA COUNTY CLERK 03/06/2017 10 : 02 AM)
`NYSCEF DOC. NO. 106
`
`INDEX NO. 2016EF993
`INDEX NO. 2016EF993
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/06/2017
`
`Note: Trial note of issue must be filed within 12 months of thedate of the R.11 filingfi»- a
`standard case or within 15 months of the R.I1 filing for a complex cas

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