Preview
FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM INDEX NO. E2021001830
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3343472
Book Page CIVIL
Return To: No. Pages: 5
Tammy M. Buck
99 Exchange Blvd Instrument: ORDER
Rochester, NY 14614
Control #: 202302210790
Index #: E2021001830
Date: 02/21/2023
Kodiak Funding LLC Time: 12:11:35 PM
ANJ Quikship Corp
Taboada, Alex Javier NAVARRETE
ANJ QUIKSHIP
Total Fees Paid: $0.00
Employee: CW
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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202302210790 Index #
INDEX : E2021001830
NO. E2021001830
FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023
PRESENT: HON. WILLIAM K. TAYLOR
Justice of the Supreme Court
SUPREME COURT
STATE OF NEW YORK MONROE COUNTY
KODIAK FUNDING, LLC,
Plaintiff, BENCH
TRIAL ORDER
vs. Index No: E2021001830
ANJ QUIKSHIP CORP D/B/A ANJ QUIKSHIP and
ALEX JAVIER NAVARRETE TABOADA,
Defendants.
The parties having conferred between themselves and with the Court, it is now hereby ORDERED:
1. Bench Trial Date:
The bench trial date is Friday, March 31, 2023 at 9:30 AM. Openings and Proof will
commence that day.
Attorneys are expected to be prepared for trial when called, subject only to prior
engagement pursuant to 22 NYCRR §§ 202.32 and 125.1. In the event the designated attorney is
not available or has a prior conflicting trial, then he/she is to secure replacement counsel
pursuant to 22 NYCRR § 125.1(g). Notice is hereby given that failure to proceed will result in a
default judgment or dismissal with prejudice.
Counsel is advised to report to Chambers (Room 521, Hall of Justice, Rochester, New
York ), for a Pre-Trial Conference via phone on Thursday, March 30, 2023 at 2:00 PM.
The purpose of the conference is to set the trial schedule, review anticipated trial issues, entertain
any pre-trial applications, and discuss potential settlement. All clients and adjustors shall be
available by telephone.
2. Substitute Counsel:
Pursuant to 22 NYCRR § 125.1(g), if any attorney designated as trial counsel for Plaintiff
or Defendant is actually engaged in trial elsewhere on the above date, said attorney must produce
substitute trial counsel.
3. Verdict Sheet:
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202302210790 IndexNO.
INDEX #: E2021001830
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FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party
shall provide written Proposed Verdict Sheets to the Court and opposing counsel in both
hard copy form and via electronic mail to tbuck@nycourts.gov in MS Word or
Wordperfect format. Any objections thereto shall be made in writing no later than seven (7)
calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.
Supplemental Proposed Verdict Sheets may be permitted based on previously unknown or
unanticipated developments or testimony at trial.
4. Requests to Charge:
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party
shall provide the Court and opposing counsel with written paragraph-specific references to
Pattern Jury Instructions or other applicable law that the parties request the Court to instruct
itself upon. Any objections thereto shall be made in writing no later than seven (7) calendar
days prior to the Pretrial Conference scheduled herein, or will be deemed waived. Requests to
Charge shall be provided to the Court and opposing counsel in both hard copy form and
via electronic mail to tbuck@nycourts.gov in MS Word or Wordperfect format. To the
extent possible, parties are encouraged to rely on Pattern Jury Instructions as opposed to writing
their own instructions. Supplemental Requests to Charge may be permitted based on previously
unknown or unanticipated developments or testimony at trial.
5. Motions in Limine and Memorandum of Law:
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party
shall submit any motions in limine and a memorandum that addresses each question of law
or unique evidentiary issue that the party expects to arise at trial. Responses and objections
thereto shall be submitted seven (7) calendar days prior to the Pretrial Conference scheduled
herein, or will be deemed waived.
6. Witnesses:
If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses
shall be disclosed by Plaintiff(s) forty-five (45) calendar days prior to the Pretrial Conference
scheduled herein and by Defendant(s) thirty (30) calendar days prior to the Pretrial Conference
scheduled herein. See CPLR § 3101(d)(1)(I). All other witnesses shall be disclosed to the Court
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FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023
and opposing counsel at least ten (10) calendar days prior to the Pretrial Conference scheduled
herein.
7. Deposition Designations:
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party
shall provide the Court and opposing counsel with Deposition Designations for any proposed
testimony to be read pursuant to CPLR § 3117. Said Deposition Designations shall provide the
name of the witness, page/line numbers and a transcript of the proposed testimony. Any
objections thereto shall be made in writing and provided to the Court and opposing counsel no
later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be
deemed waived. All objections must delineate the name of the witness, page/line number of the
proposed testimony, and provide a specific basis for the objection with legal support if
necessary. The failure to comply with this Order shall waive any trial objections to the proposed
testimony, and result in the preclusion of any non-designated testimony.
8. Exhibits:
Ten (10) calendar days prior to the Pretrial Conference scheduled herein the parties
shall provide a list of all proposed marked exhibits (numbers1-499 for plaintiff; numbers 500-
1000 for defendant) to the Court and opposing counsel. The parties shall consult to determine
whether a stipulation may be entered by the parties governing the authenticity and admissibility
of any exhibits.
9. Technology Requests:
Ten (10) calendar days prior to the Pretrial Conference scheduled herein Requests for
any courtroom technology shall be made in writing via e-mail to tbuck@nycourts.gov. No
untimely technology requests will be accepted.
Dated: February 21, 2023
Rochester, New York
HON. WILLIAM K. TAYLOR
Justice of the Supreme Court
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E2021001830
FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023
JURY SELECTION PROCESS ORDER
HONORABLE WILLIAM K. TAYLOR
----------------------------------------------------------------------------------------------------
A variation of the Struck Method is used. See 22 NYCRR § 202.33, Appendix E (C).
All obvious potential jurors “for cause” will be removed in consultation with counsel
during opening remarks and general questioning of the entire panel. The Court Clerk will then
seat 18 prospective jurors.
All additional removals “for cause” must be done during the attorney questioning
process. Therefore, if you desire to remove a juror “for cause,” you MUST immediately bring
that to the Court Clerk’s attention. If the “for cause” challenge is consented to or granted, the
Court Clerk will re-seat a new juror immediately in the empty seat and questioning will
continue. The remaining seated jurors will not re-numbered. After voir dire is complete, no
“for cause” challenges will be entertained. See 22 NYCRR § 202.33, Appendix E (C) (3) &
(5).
Plaintiff(s) and Defendant(s) will have approximately 30-45 minutes each for voir dire.
See 22 NYCRR § 202.33 (d). If an attorney feels that they need a few more minutes, please
notify the Court Clerk so that she/he can call the Judge to advise.
Unless otherwise designated by the Court, there will be two (2) alternates that will be
designated but undisclosed. Those alternates will be the seventh and eighth jurors seated.
Therefore, there will be a total of eight (8) jurors seated for the trial.
Peremptory challenges will be done either in the jury room or courtroom. Unless the
Court otherwise directs, each side will have a total of four (4) preemptory challenges because
two (2) alternates are being used. See CPLR 4109; 22 NYCRR § 220.1 (d). Plaintiff(s) will
exercise their challenge first, then Defendant(s), and then alternate back and forth until the
peremptories are exercised or waived. An attorney who waives a challenge may not thereafter
exercise a peremptory challenge. See 22 NYCRR § 202.33, Appendix E(C)(5). Once all
challenges are exhausted or waived, the first eight remaining jurors will be seated - (6)
deliberating jurors and two (2) alternates. See 22 NYCRR § 202.33, Appendix E (C) (6). The
Court Clerk will then excuse the remaining jurors and swear in the eight (8) selected jurors.
The Court Clerk will call Chambers after the jury is sworn, and Chambers will advise as
to when the trial will commence.
So Ordered,
/s/ Honorable William K. Taylor
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Preview
FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM INDEX NO. E2021001830 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3343472 Book Page CIVIL Return To: No. Pages: 5 Tammy M. Buck 99 Exchange Blvd Instrument: ORDER Rochester, NY 14614 Control #: 202302210790 Index #: E2021001830 Date: 02/21/2023 Kodiak Funding LLC Time: 12:11:35 PM ANJ Quikship Corp Taboada, Alex Javier NAVARRETE ANJ QUIKSHIP Total Fees Paid: $0.00 Employee: CW State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 5 202302210790 Index # INDEX : E2021001830 NO. E2021001830 FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023 PRESENT: HON. WILLIAM K. TAYLOR Justice of the Supreme Court SUPREME COURT STATE OF NEW YORK MONROE COUNTY KODIAK FUNDING, LLC, Plaintiff, BENCH TRIAL ORDER vs. Index No: E2021001830 ANJ QUIKSHIP CORP D/B/A ANJ QUIKSHIP and ALEX JAVIER NAVARRETE TABOADA, Defendants. The parties having conferred between themselves and with the Court, it is now hereby ORDERED: 1. Bench Trial Date: The bench trial date is Friday, March 31, 2023 at 9:30 AM. Openings and Proof will commence that day. Attorneys are expected to be prepared for trial when called, subject only to prior engagement pursuant to 22 NYCRR §§ 202.32 and 125.1. In the event the designated attorney is not available or has a prior conflicting trial, then he/she is to secure replacement counsel pursuant to 22 NYCRR § 125.1(g). Notice is hereby given that failure to proceed will result in a default judgment or dismissal with prejudice. Counsel is advised to report to Chambers (Room 521, Hall of Justice, Rochester, New York ), for a Pre-Trial Conference via phone on Thursday, March 30, 2023 at 2:00 PM. The purpose of the conference is to set the trial schedule, review anticipated trial issues, entertain any pre-trial applications, and discuss potential settlement. All clients and adjustors shall be available by telephone. 2. Substitute Counsel: Pursuant to 22 NYCRR § 125.1(g), if any attorney designated as trial counsel for Plaintiff or Defendant is actually engaged in trial elsewhere on the above date, said attorney must produce substitute trial counsel. 3. Verdict Sheet: 2 of 5 202302210790 IndexNO. INDEX #: E2021001830 E2021001830 FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023 Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide written Proposed Verdict Sheets to the Court and opposing counsel in both hard copy form and via electronic mail to tbuck@nycourts.gov in MS Word or Wordperfect format. Any objections thereto shall be made in writing no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived. Supplemental Proposed Verdict Sheets may be permitted based on previously unknown or unanticipated developments or testimony at trial. 4. Requests to Charge: Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court and opposing counsel with written paragraph-specific references to Pattern Jury Instructions or other applicable law that the parties request the Court to instruct itself upon. Any objections thereto shall be made in writing no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived. Requests to Charge shall be provided to the Court and opposing counsel in both hard copy form and via electronic mail to tbuck@nycourts.gov in MS Word or Wordperfect format. To the extent possible, parties are encouraged to rely on Pattern Jury Instructions as opposed to writing their own instructions. Supplemental Requests to Charge may be permitted based on previously unknown or unanticipated developments or testimony at trial. 5. Motions in Limine and Memorandum of Law: Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall submit any motions in limine and a memorandum that addresses each question of law or unique evidentiary issue that the party expects to arise at trial. Responses and objections thereto shall be submitted seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived. 6. Witnesses: If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses shall be disclosed by Plaintiff(s) forty-five (45) calendar days prior to the Pretrial Conference scheduled herein and by Defendant(s) thirty (30) calendar days prior to the Pretrial Conference scheduled herein. See CPLR § 3101(d)(1)(I). All other witnesses shall be disclosed to the Court 3 of 5 202302210790 IndexNO. INDEX #: E2021001830 E2021001830 FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023 and opposing counsel at least ten (10) calendar days prior to the Pretrial Conference scheduled herein. 7. Deposition Designations: Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court and opposing counsel with Deposition Designations for any proposed testimony to be read pursuant to CPLR § 3117. Said Deposition Designations shall provide the name of the witness, page/line numbers and a transcript of the proposed testimony. Any objections thereto shall be made in writing and provided to the Court and opposing counsel no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived. All objections must delineate the name of the witness, page/line number of the proposed testimony, and provide a specific basis for the objection with legal support if necessary. The failure to comply with this Order shall waive any trial objections to the proposed testimony, and result in the preclusion of any non-designated testimony. 8. Exhibits: Ten (10) calendar days prior to the Pretrial Conference scheduled herein the parties shall provide a list of all proposed marked exhibits (numbers1-499 for plaintiff; numbers 500- 1000 for defendant) to the Court and opposing counsel. The parties shall consult to determine whether a stipulation may be entered by the parties governing the authenticity and admissibility of any exhibits. 9. Technology Requests: Ten (10) calendar days prior to the Pretrial Conference scheduled herein Requests for any courtroom technology shall be made in writing via e-mail to tbuck@nycourts.gov. No untimely technology requests will be accepted. Dated: February 21, 2023 Rochester, New York HON. WILLIAM K. TAYLOR Justice of the Supreme Court 4 of 5 202302210790 IndexNO. INDEX #: E2021001830 E2021001830 FILED: MONROE COUNTY CLERK 02/21/2023 12:12 PM NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/21/2023 JURY SELECTION PROCESS ORDER HONORABLE WILLIAM K. TAYLOR ---------------------------------------------------------------------------------------------------- A variation of the Struck Method is used. See 22 NYCRR § 202.33, Appendix E (C). All obvious potential jurors “for cause” will be removed in consultation with counsel during opening remarks and general questioning of the entire panel. The Court Clerk will then seat 18 prospective jurors. All additional removals “for cause” must be done during the attorney questioning process. Therefore, if you desire to remove a juror “for cause,” you MUST immediately bring that to the Court Clerk’s attention. If the “for cause” challenge is consented to or granted, the Court Clerk will re-seat a new juror immediately in the empty seat and questioning will continue. The remaining seated jurors will not re-numbered. After voir dire is complete, no “for cause” challenges will be entertained. See 22 NYCRR § 202.33, Appendix E (C) (3) & (5). Plaintiff(s) and Defendant(s) will have approximately 30-45 minutes each for voir dire. See 22 NYCRR § 202.33 (d). If an attorney feels that they need a few more minutes, please notify the Court Clerk so that she/he can call the Judge to advise. Unless otherwise designated by the Court, there will be two (2) alternates that will be designated but undisclosed. Those alternates will be the seventh and eighth jurors seated. Therefore, there will be a total of eight (8) jurors seated for the trial. Peremptory challenges will be done either in the jury room or courtroom. Unless the Court otherwise directs, each side will have a total of four (4) preemptory challenges because two (2) alternates are being used. See CPLR 4109; 22 NYCRR § 220.1 (d). Plaintiff(s) will exercise their challenge first, then Defendant(s), and then alternate back and forth until the peremptories are exercised or waived. An attorney who waives a challenge may not thereafter exercise a peremptory challenge. See 22 NYCRR § 202.33, Appendix E(C)(5). Once all challenges are exhausted or waived, the first eight remaining jurors will be seated - (6) deliberating jurors and two (2) alternates. See 22 NYCRR § 202.33, Appendix E (C) (6). The Court Clerk will then excuse the remaining jurors and swear in the eight (8) selected jurors. The Court Clerk will call Chambers after the jury is sworn, and Chambers will advise as to when the trial will commence. So Ordered, /s/ Honorable William K. Taylor 5 of 5