On November 08, 2022 a
Party Notice
was filed
involving a dispute between
Garth Wakeford,
and
Xxxxxxxxxxxxxxx,
for Torts - Other (Defamation/Prima Facie To)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 05/09/2024 05:17 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X
GARTH WAKEFORD,
Index No. 532669/2022
Plaintiff,
-against-
xxxxxxxxxxxxxxx, NOTICE OF CROSS-MOTION
JOHN DOE 1-5, TO COMPEL DISCOVERY
JANE DOE 1-5, and
XYZ CORP.,
Defendants.
-------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed affirmation of Steven M. Kaplan dated
May 9, 2024 with exhibits, the accompanying memorandum of law, and upon all prior pleadings
and proceedings had herein, plaintiff Garth Wakeford (“Plaintiff”) will cross-move at the Central
Compliance Part, Courtroom 276, at the Supreme Court of New York, Kings County, located at
360 Adams Street, Brooklyn, New York 11201 on May 16, 2024 at 9:30 a.m., or as soon thereafter
as counsel can be heard for an order pursuant to CPLR § 3124 to (i) compel defendant xxxxxxxxxxxxxxx (“xxxxxxx”) to respond to and produce documents in response to Plaintiff’s document
demands; (ii) to compel xxxxxxx to execute authorizations to access her accounts with Yahoo.com,
Tutanota, Proton.me, Gmail, Wilson Daniels, and Meta; (iii) to compel xxxxxxx to fully answer
Plaintiff’s Second Notice to Admit; and (iv) to sanction xxxxxxx for spoilation of evidence,
together with Plaintiff’s costs, disbursements, and attorney’ fees in making this motion, and such
other and further relief as the Court deems just and proper.
4871-7091-9353, v. 2
1 of 2
FILED: KINGS COUNTY CLERK 05/09/2024 05:17 PM INDEX NO. 532669/2022
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/09/2024
Dated: New York, NY
May 9, 2024
By: /s/ Steven M. Kaplan
KAPLAN LEVENSON P.C.
Attorneys for Plaintiff
64 West 48th Street, 7th Floor
New York, NY 10036
(212) 983-6900
smk@kaplev.com
4871-7091-9353, v. 2
2 of 2
Document Filed Date
May 09, 2024
Case Filing Date
November 08, 2022
Category
Torts - Other (Defamation/Prima Facie To)
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Preview
FILED: KINGS COUNTY CLERK 05/09/2024 05:17 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X GARTH WAKEFORD, Index No. 532669/2022 Plaintiff, -against- xxxxxxxxxxxxxxx, NOTICE OF CROSS-MOTION JOHN DOE 1-5, TO COMPEL DISCOVERY JANE DOE 1-5, and XYZ CORP., Defendants. -------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed affirmation of Steven M. Kaplan dated May 9, 2024 with exhibits, the accompanying memorandum of law, and upon all prior pleadings and proceedings had herein, plaintiff Garth Wakeford (“Plaintiff”) will cross-move at the Central Compliance Part, Courtroom 276, at the Supreme Court of New York, Kings County, located at 360 Adams Street, Brooklyn, New York 11201 on May 16, 2024 at 9:30 a.m., or as soon thereafter as counsel can be heard for an order pursuant to CPLR § 3124 to (i) compel defendant xxxxxxxxxxxxxxx (“xxxxxxx”) to respond to and produce documents in response to Plaintiff’s document demands; (ii) to compel xxxxxxx to execute authorizations to access her accounts with Yahoo.com, Tutanota, Proton.me, Gmail, Wilson Daniels, and Meta; (iii) to compel xxxxxxx to fully answer Plaintiff’s Second Notice to Admit; and (iv) to sanction xxxxxxx for spoilation of evidence, together with Plaintiff’s costs, disbursements, and attorney’ fees in making this motion, and such other and further relief as the Court deems just and proper. 4871-7091-9353, v. 2 1 of 2 FILED: KINGS COUNTY CLERK 05/09/2024 05:17 PM INDEX NO. 532669/2022 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/09/2024 Dated: New York, NY May 9, 2024 By: /s/ Steven M. Kaplan KAPLAN LEVENSON P.C. Attorneys for Plaintiff 64 West 48th Street, 7th Floor New York, NY 10036 (212) 983-6900 smk@kaplev.com 4871-7091-9353, v. 2 2 of 2