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FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020
VIRGINIA
VA & AMBINDER LLP
7th
40 Broad Street, FlOOr
New York, NY 10004
Telephone: 212.943.9080
www.vandallp.com
Lloyd Ambinder
212.943.9081
lambinder@vandallp.com
July 23, 2019
VIA ECF and HAND DELIVERY
Hon. W. Franc Perry, III,J.S.C.
Supreme Court of the State of New York
County of New York
80 Centre Street, Room 307
New York, N.Y. 10007
Re: Lange Campbell, et al. v. New York Boiler, Inc., et al.,(Index No. 160513/2018)
Dear Judge Perry:
This firm is Class Counsel in the above referenced wage and hour class action.
Enclosed herewith for your review and approval please find a Judicial Subpoena Duces
Tecum directed to the New York City Housing Authority.
To the extent acceptable, please return the So-ordered Subpoeria in the enclosed
self-addressed envelope. A conforming copy of the subpoena has been filed via ECF.
Thank you.
Respectfully submitted,
/s/Lloyd Ambinder
LA/
Defendants'
cc: counsel
Enc.
FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LANGE CAMPBELL, individually and on behalf of all other 1
persons similarly situated who are employed by NEW YORK Index No. 160513/2018
BOILER, INC., RICHARD BERGER and DONALD BERGER,
and/or their affiliates, subsidiaries and parent companies with
respect to certain Public Works Projects Awarded by THE CITY
OF NEW YORK, THE NEW YORK CITY HOUSING SUBPOENA
AUTHORITY, AND OTHER GOVERNMENT ENTITIES, DUCES TECUM
Plaintiffs,
-against-
NEW YORK BOILER, INC., RICHARD BERGER and
DONALD BERGER, and/or their affiliates, subsidiaries and
parent companies,
Defendants.
THE PEOPLE OF THE STATE OF NEW YORK
TO: Legal Department
New York City Housing Authority
250 Broadway, 9th Floor
New York, NY 10007
GREETINGS:
YOU ARE HEREBY COMMANDED to produce to the office of Virginia &
7th
Ambinder, LLP, located at 40 Broad Street, Floor, New York, New York 10004, on or
before the 6 of September 2019, the following records and papers in your possession,
"A."
custody, or control: see attached Exhibit
Failure to comply with this subpoena is punishable as a contempt of Court and
shall make you liable to the person on whose behalf this subpoena was issued for a
penalty not to exceed fifty dollars and all damages sustained by reason of your failure to
comply,
WITNESS, the Honorable Justice W. Franc Perry, III of the said Court, at New
York County, thei day of July, 2019.
/s/Lloyd Ambinder
VIRGINIA & AMBINDER, LLP
by: Lloyd Ambinder, Esq.
Attorneys for Plaintiffs
7d1
40 Broad Street, Floor
1
FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020
New York, New York. 10004
SO ORDERED
He W. Franc Perry, IIIJ.S.C.
HON. W. FRANC PERRY, 111
J.S.C.
PLEASE NOTE THAT YOUR FAILURE TO COMPLY MAY RESULT IN A
FINE OR YOU MAY BE JAILED FOR CONTEMPT OF COURT.
2
FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020
Exhibit A
PRODUCE FOR INSPECTION:
I. SPECIFIC REOUESTS
1. All bid information, including but not limited to copies of bid proposals,
pre-bid correspondence, addendums and meeting minutes in connection any contract that
New York Boiler, Inc. ("NY .Boiler") entered into with the New York City Housing
Authority ("NYCHA") between 2011 and November 12, 2018.
2. All signed contracts or purchase orders produced in connection with any
contract that NY Boiler entered into with NYCHA between 2011 and Noveñiber 12,
2018.
3. All certified payrolls or any other payroll document produced by any of
the Defendants in connection with any contract that NY Boiler entered into with
NYCHA between 2011 and November 12, 2018.
4. All documents relating to communications, including all memoranda,
correspondence, facsimile messages, requisitions, change orders, reports and notes,
letters, reports, evaluations, intra-office communications, inter-office communications,
contracts, checks, journals, ledgers, and contracts in connection with any contract that
NY Boiler entered into with NYCHA between 2011 and November 12, 2018.
5. All daily inspection reports, journals, diaries, timecards, foreman's cards,
time sheets, payroll sheets, ledgers and minute books maintained by NYCHA in
connection any contract that NY Boiler entered into with NYCHA betweéñ 2011 and
November 12, 2018.
6, All documents indicating contract completion in coñüection with any
contract that NY Boiler entered into with NYCHA betwess 2011 and .November 12,
2018.
7. All Daily/Weekly Work Reports submitted in connection with any
contract that NY Boiler entered into with NYCHA between 2011 and November 12,
2018.
3
FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020
8. A copy of the labor and material payment bonds furnished in connection
with any coiitract that NY Boiler entered into with NYCHA beoves;: 2011 and
November 12, 2018.
9. All sign-in sheets, visitor logs, or such other documents generated or
maintained by NYCHA officials that record the presence of a New York Boiler e;;:ployee
on a NYCHA property between November 12, 2012 and November 12, 2018.
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FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020 VIRGINIA VA & AMBINDER LLP 7th 40 Broad Street, FlOOr New York, NY 10004 Telephone: 212.943.9080 www.vandallp.com Lloyd Ambinder 212.943.9081 lambinder@vandallp.com July 23, 2019 VIA ECF and HAND DELIVERY Hon. W. Franc Perry, III,J.S.C. Supreme Court of the State of New York County of New York 80 Centre Street, Room 307 New York, N.Y. 10007 Re: Lange Campbell, et al. v. New York Boiler, Inc., et al.,(Index No. 160513/2018) Dear Judge Perry: This firm is Class Counsel in the above referenced wage and hour class action. Enclosed herewith for your review and approval please find a Judicial Subpoena Duces Tecum directed to the New York City Housing Authority. To the extent acceptable, please return the So-ordered Subpoeria in the enclosed self-addressed envelope. A conforming copy of the subpoena has been filed via ECF. Thank you. Respectfully submitted, /s/Lloyd Ambinder LA/ Defendants' cc: counsel Enc. FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LANGE CAMPBELL, individually and on behalf of all other 1 persons similarly situated who are employed by NEW YORK Index No. 160513/2018 BOILER, INC., RICHARD BERGER and DONALD BERGER, and/or their affiliates, subsidiaries and parent companies with respect to certain Public Works Projects Awarded by THE CITY OF NEW YORK, THE NEW YORK CITY HOUSING SUBPOENA AUTHORITY, AND OTHER GOVERNMENT ENTITIES, DUCES TECUM Plaintiffs, -against- NEW YORK BOILER, INC., RICHARD BERGER and DONALD BERGER, and/or their affiliates, subsidiaries and parent companies, Defendants. THE PEOPLE OF THE STATE OF NEW YORK TO: Legal Department New York City Housing Authority 250 Broadway, 9th Floor New York, NY 10007 GREETINGS: YOU ARE HEREBY COMMANDED to produce to the office of Virginia & 7th Ambinder, LLP, located at 40 Broad Street, Floor, New York, New York 10004, on or before the 6 of September 2019, the following records and papers in your possession, "A." custody, or control: see attached Exhibit Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply, WITNESS, the Honorable Justice W. Franc Perry, III of the said Court, at New York County, thei day of July, 2019. /s/Lloyd Ambinder VIRGINIA & AMBINDER, LLP by: Lloyd Ambinder, Esq. Attorneys for Plaintiffs 7d1 40 Broad Street, Floor 1 FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020 New York, New York. 10004 SO ORDERED He W. Franc Perry, IIIJ.S.C. HON. W. FRANC PERRY, 111 J.S.C. PLEASE NOTE THAT YOUR FAILURE TO COMPLY MAY RESULT IN A FINE OR YOU MAY BE JAILED FOR CONTEMPT OF COURT. 2 FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020 Exhibit A PRODUCE FOR INSPECTION: I. SPECIFIC REOUESTS 1. All bid information, including but not limited to copies of bid proposals, pre-bid correspondence, addendums and meeting minutes in connection any contract that New York Boiler, Inc. ("NY .Boiler") entered into with the New York City Housing Authority ("NYCHA") between 2011 and November 12, 2018. 2. All signed contracts or purchase orders produced in connection with any contract that NY Boiler entered into with NYCHA between 2011 and Noveñiber 12, 2018. 3. All certified payrolls or any other payroll document produced by any of the Defendants in connection with any contract that NY Boiler entered into with NYCHA between 2011 and November 12, 2018. 4. All documents relating to communications, including all memoranda, correspondence, facsimile messages, requisitions, change orders, reports and notes, letters, reports, evaluations, intra-office communications, inter-office communications, contracts, checks, journals, ledgers, and contracts in connection with any contract that NY Boiler entered into with NYCHA between 2011 and November 12, 2018. 5. All daily inspection reports, journals, diaries, timecards, foreman's cards, time sheets, payroll sheets, ledgers and minute books maintained by NYCHA in connection any contract that NY Boiler entered into with NYCHA betweéñ 2011 and November 12, 2018. 6, All documents indicating contract completion in coñüection with any contract that NY Boiler entered into with NYCHA betwess 2011 and .November 12, 2018. 7. All Daily/Weekly Work Reports submitted in connection with any contract that NY Boiler entered into with NYCHA between 2011 and November 12, 2018. 3 FILED: NEW YORK COUNTY CLERK 05/05/2020 05:15 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/05/2020 8. A copy of the labor and material payment bonds furnished in connection with any coiitract that NY Boiler entered into with NYCHA beoves;: 2011 and November 12, 2018. 9. All sign-in sheets, visitor logs, or such other documents generated or maintained by NYCHA officials that record the presence of a New York Boiler e;;:ployee on a NYCHA property between November 12, 2012 and November 12, 2018.