Preview
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
From: Debra Krebs
To: Blake@lblakemorris.com; info@lblakemorris.com
Subject: FW: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses
Date: Friday, July 31, 2020 5:49:00 PM
Attachments: 2020-03-10 LT Morris (deficiency letter).pdf
Stip re Discovery Responses (7-31-2020).pdf
Blake,
As you may recall, we served discovery demands in this matter on October 28, 2019. You requested
that the Court stay defendant’s time to respond. The Court rejected your request and on January
13, 2020 issued an order requiring responses within 30 days. The implication was that proper
responses were to be provided.
To date, we still do not have any responses to our Omnibus Demands served on October 28, 2019.
You responded to our 30-paragraph Notice for Discovery & Inspection in 4 paragraphs which
essentially either denied the relevance of the requested information (which is not a proper objection
to discovery), objected on the basis of privilege (without providing any privilege log as required
under CPLR 3122(b)), or pointed to documents filed by counsel for Atlantic Casualty on the court
docket. You responded to the 16-paragraph interrogatories also in four paragraphs, with essentially
the same responses as provided to the Notice for Discovery & Inspection. We also served discovery
demands on March 11, 2020 to which we still do not have any responses. Additionally, the
Preliminary Conference Order directed depositions be conducted on or before April 13, 2020, but
we were unable to proceed not only because of the current health crisis but because we did not
have responses from your client to any discovery.
On March 10, 2020 I wrote to you trying to see if you would provide more appropriate responses
without the need for motion practice. Another copy of my letter (which was attached to each of the
emails below) is attached again. In addition to my emails below, I attempted to telephone you a
number of times on your office phone and cell phone. On one occasion I received a call
approximately two weeks later from your associate advising that your client is not willing to discuss
settlement (which was not the reason I had called). I asked if he was able to address the issue
regarding defendant’s discovery responses. He said he was not. I asked that he have you call me.
He said you would not.
Today, you called my partner, Robert Lewis. Since Mr. Lewis is not actually handling this file, he
conferenced us on a call (he was unable to transfer the call due to technical limitations). It seems
you were not calling about the discovery, but were looking for an adjournment of the pending
motions. You hung up on me when you did not receive the response you were looking for. I called
you back to address the discovery issue. Although you would not discuss specific dates or terms to
resolve these issues, you kept saying that these things always get resolved by stipulation. As a result,
in a further attempt to avoid motion practice, I wanted to make one last effort to resolve this issue
and have prepared a proposed stipulation, which gives Defendant an additional month to provide
the requested discovery.
Please sign the attached stipulation and return it to me by August 7, 2020. If we do not receive the
signed stipulation by that date, we will take your silence as a continued refusal to resolve this issue
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
and will prepare our motion.
Thank you for your anticipated cooperation.
Debbie Krebs
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Avenue
Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
dkrebs@kwcllp.com
Confidentiality: The information contained in this e-mail message is intended only for the
use of the individual or entity named above and is privileged and confidential. Any
dissemination, distribution, or copy of this communication other than to the individual or
entity named above is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone.
From: Debra Krebs
Sent: Monday, May 4, 2020 8:53 AM
To: Blake@lblakemorris.com; info@lblakemorris.com
Cc: 'Robert Lewis'
Subject: FW: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses
Blake,
I prefer not to have to file a discovery motion. Please let me know when we are going to be
receiving a response from you to the attached letter.
Thanks.
Debbie
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Avenue
Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
dkrebs@kwcllp.com
Confidentiality: The information contained in this e-mail message is intended only for the
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
use of the individual or entity named above and is privileged and confidential. Any
dissemination, distribution, or copy of this communication other than to the individual or
entity named above is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone.
From: Debra Krebs
Sent: Wednesday, April 1, 2020 4:13 PM
To: Blake@lblakemorris.com; info@lblakemorris.com
Cc: 'Robert Lewis (rlewis@kwcllp.com)'
Subject: FW: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses
We have not received any response from you to the attached letter. Please let me know when we
can expect to receive a response from you. My understanding is that, while there are no
appearances at this time, discovery is not stayed. I would like to avoid a discovery motion.
Thanks.
Debbie
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Avenue
Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
dkrebs@kwcllp.com
Confidentiality: The information contained in this e-mail message is intended only for the
use of the individual or entity named above and is privileged and confidential. Any
dissemination, distribution, or copy of this communication other than to the individual or
entity named above is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone.
From: Debra Krebs
Sent: Tuesday, March 10, 2020 5:05 PM
To: Blake@lblakemorris.com; info@lblakemorris.com
Cc: Karlene Barrett
Subject: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses
Blake,
Please see the attached letter regarding your discovery responses in this matter.
As requested in the letter, please provide us with proper responses within ten days so we can avoid
motion practice.
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
Thanks.
Debbie
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Avenue
Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
dkrebs@kwcllp.com
Confidentiality: The information contained in this e-mail message is intended only for the
use of the individual or entity named above and is privileged and confidential. Any
dissemination, distribution, or copy of this communication other than to the individual or
entity named above is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone.
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASAULTY INSURANCE
COMPANY,
Index No.: 510798/2018
Plaintiff,
v. STIPULATION REGARDING
DISCOVERY
EASTERN FRUIT & VEGETABLES INC.
Defendant.
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, counsel
for the parties that Defendant will provide all of the following to counsel for Plaintiff on or before
August 31, 2020:
a. Appropriate supplemental/amended responses to Atlantic Casualty’s First Notice for
Discovery & Inspection to Eastern Fruit & Vegetables, dated October 28, 2020, as set
forth in the letter from Atlantic Casualty’s counsel dated March 10, 2020;
b. Appropriate supplemental/amended responses to Atlantic Casualty’s First Set of
Interrogatories to Eastern Fruit & Vegetables, dated October 28, 2020, as set forth in
the letter from Atlantic Casualty’s counsel dated March 10, 2020 (pursuant to
CPLR 3133(b), such responses will be made under oath by an officer, director,
member, agent or employee having the information, and each question shall be
answered separately and fully and each answer shall be preceded by the question to
which it responds);
c. Appropriate responses to Atlantic Casualty’s October 28, 2019 Omnibus Demands to
Defendant;
DISCOVERY STIPULATION
Page 1 of 2
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
d. Appropriate responses to Atlantic Casualty’s Second Notice for Discovery &
Inspection to Eastern Fruit & Vegetables, dated March 11, 2020; and
e. Dates during September or October when Asif Jhangir can be made available for
remote/virtual deposition (such deposition to proceed only if proper responses as
detailed in paragraphs a-d above are provided by the August 28 deadline).
Electronically transmitted or faxed signatures on this stipulation shall be treated as though
original.
Dated: July 31, 2020
KEIDEL, WELDON & CUNNINGHAM, LLP L. BLAKE MORRIS, ESQ.
Attorneys for Plaintiff Attorney for Defendant
By: Debra M. Krebs, Esq. By: L. Blake Morris, Esq.
925 Westchester Avenue, Suite 400 1214 Cortelyou Rd.
White Plains, New York 10604 Brooklyn, New York 11218-5404
(914) 948-7000 (718) 826-8401
DISCOVERY STIPULATION
Page 2 of 2
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
From: info@lblakemorris.com
To: Debra Krebs
Subject: Re: Are you okay
Date: Friday, April 10, 2020 3:45:38 PM
Thank you for reaching out and asking, I am well.
I hope you and your fam ily are doing ok.
Looking forward t o get t ing
back t o norm al soon.
St ay safe.
---
L. Blake Morris & Associates
1214 Cortelyou Rd.
Brooklyn, NY 11218
(718) 826-8401
On 2020- 04- 02 7: 45 am , Debra Krebs wrot e:
I have left you a number of messages and sent you several emails. I just wanted to make sure
you’re okay.
Deb
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Avenue
Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
dkrebs@kwcllp.com
Confidentiality: The information contained in this e-mail message is intended only for the
use of the individual or entity named above and is privileged and confidential. Any
dissemination, distribution, or copy of this communication other than to the individual or
entity named above is strictly prohibited. If you have received this communication in
error, please notify us immediately by telephone.
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020
From: Debra Krebs
To: Blake@lblakemorris.com; info@lblakemorris.com
Subject: Atlantic Casualty v. Eastern Fruit
Date: Thursday, April 16, 2020 9:27:00 AM
Blake,
I hope all is well with you.
I left you another voicemail on your cell phone. Please give me a call to discuss this matter.
Thanks.
Debbie
Debra M. Krebs, Esq.
Keidel, Weldon & Cunningham, LLP
925 Westchester Avenue
Suite 400
White Plains, NY 10604
Tel: (914) 948-7000
(201) 490-7706
Fax: (914) 948-7010
dkrebs@kwcllp.com
Confidentiality: The information contained in this e-mail message is intended only for the
use of the individual or entity named above and is privileged and confidential. Any
dissemination, distribution, or copy of this communication other than to the individual or
entity named above is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone.
Preview
FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 From: Debra Krebs To: Blake@lblakemorris.com; info@lblakemorris.com Subject: FW: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses Date: Friday, July 31, 2020 5:49:00 PM Attachments: 2020-03-10 LT Morris (deficiency letter).pdf Stip re Discovery Responses (7-31-2020).pdf Blake, As you may recall, we served discovery demands in this matter on October 28, 2019. You requested that the Court stay defendant’s time to respond. The Court rejected your request and on January 13, 2020 issued an order requiring responses within 30 days. The implication was that proper responses were to be provided. To date, we still do not have any responses to our Omnibus Demands served on October 28, 2019. You responded to our 30-paragraph Notice for Discovery & Inspection in 4 paragraphs which essentially either denied the relevance of the requested information (which is not a proper objection to discovery), objected on the basis of privilege (without providing any privilege log as required under CPLR 3122(b)), or pointed to documents filed by counsel for Atlantic Casualty on the court docket. You responded to the 16-paragraph interrogatories also in four paragraphs, with essentially the same responses as provided to the Notice for Discovery & Inspection. We also served discovery demands on March 11, 2020 to which we still do not have any responses. Additionally, the Preliminary Conference Order directed depositions be conducted on or before April 13, 2020, but we were unable to proceed not only because of the current health crisis but because we did not have responses from your client to any discovery. On March 10, 2020 I wrote to you trying to see if you would provide more appropriate responses without the need for motion practice. Another copy of my letter (which was attached to each of the emails below) is attached again. In addition to my emails below, I attempted to telephone you a number of times on your office phone and cell phone. On one occasion I received a call approximately two weeks later from your associate advising that your client is not willing to discuss settlement (which was not the reason I had called). I asked if he was able to address the issue regarding defendant’s discovery responses. He said he was not. I asked that he have you call me. He said you would not. Today, you called my partner, Robert Lewis. Since Mr. Lewis is not actually handling this file, he conferenced us on a call (he was unable to transfer the call due to technical limitations). It seems you were not calling about the discovery, but were looking for an adjournment of the pending motions. You hung up on me when you did not receive the response you were looking for. I called you back to address the discovery issue. Although you would not discuss specific dates or terms to resolve these issues, you kept saying that these things always get resolved by stipulation. As a result, in a further attempt to avoid motion practice, I wanted to make one last effort to resolve this issue and have prepared a proposed stipulation, which gives Defendant an additional month to provide the requested discovery. Please sign the attached stipulation and return it to me by August 7, 2020. If we do not receive the signed stipulation by that date, we will take your silence as a continued refusal to resolve this issue FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 and will prepare our motion. Thank you for your anticipated cooperation. Debbie Krebs Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Avenue Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 dkrebs@kwcllp.com Confidentiality: The information contained in this e-mail message is intended only for the use of the individual or entity named above and is privileged and confidential. Any dissemination, distribution, or copy of this communication other than to the individual or entity named above is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. From: Debra Krebs Sent: Monday, May 4, 2020 8:53 AM To: Blake@lblakemorris.com; info@lblakemorris.com Cc: 'Robert Lewis' Subject: FW: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses Blake, I prefer not to have to file a discovery motion. Please let me know when we are going to be receiving a response from you to the attached letter. Thanks. Debbie Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Avenue Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 dkrebs@kwcllp.com Confidentiality: The information contained in this e-mail message is intended only for the FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 use of the individual or entity named above and is privileged and confidential. Any dissemination, distribution, or copy of this communication other than to the individual or entity named above is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. From: Debra Krebs Sent: Wednesday, April 1, 2020 4:13 PM To: Blake@lblakemorris.com; info@lblakemorris.com Cc: 'Robert Lewis (rlewis@kwcllp.com)' Subject: FW: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses We have not received any response from you to the attached letter. Please let me know when we can expect to receive a response from you. My understanding is that, while there are no appearances at this time, discovery is not stayed. I would like to avoid a discovery motion. Thanks. Debbie Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Avenue Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 dkrebs@kwcllp.com Confidentiality: The information contained in this e-mail message is intended only for the use of the individual or entity named above and is privileged and confidential. Any dissemination, distribution, or copy of this communication other than to the individual or entity named above is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. From: Debra Krebs Sent: Tuesday, March 10, 2020 5:05 PM To: Blake@lblakemorris.com; info@lblakemorris.com Cc: Karlene Barrett Subject: Atlantic Casualty v. Eastern Fruit - Letter Regarding Discovery Responses Blake, Please see the attached letter regarding your discovery responses in this matter. As requested in the letter, please provide us with proper responses within ten days so we can avoid motion practice. FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 Thanks. Debbie Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Avenue Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 dkrebs@kwcllp.com Confidentiality: The information contained in this e-mail message is intended only for the use of the individual or entity named above and is privileged and confidential. Any dissemination, distribution, or copy of this communication other than to the individual or entity named above is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASAULTY INSURANCE COMPANY, Index No.: 510798/2018 Plaintiff, v. STIPULATION REGARDING DISCOVERY EASTERN FRUIT & VEGETABLES INC. Defendant. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, counsel for the parties that Defendant will provide all of the following to counsel for Plaintiff on or before August 31, 2020: a. Appropriate supplemental/amended responses to Atlantic Casualty’s First Notice for Discovery & Inspection to Eastern Fruit & Vegetables, dated October 28, 2020, as set forth in the letter from Atlantic Casualty’s counsel dated March 10, 2020; b. Appropriate supplemental/amended responses to Atlantic Casualty’s First Set of Interrogatories to Eastern Fruit & Vegetables, dated October 28, 2020, as set forth in the letter from Atlantic Casualty’s counsel dated March 10, 2020 (pursuant to CPLR 3133(b), such responses will be made under oath by an officer, director, member, agent or employee having the information, and each question shall be answered separately and fully and each answer shall be preceded by the question to which it responds); c. Appropriate responses to Atlantic Casualty’s October 28, 2019 Omnibus Demands to Defendant; DISCOVERY STIPULATION Page 1 of 2 FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 d. Appropriate responses to Atlantic Casualty’s Second Notice for Discovery & Inspection to Eastern Fruit & Vegetables, dated March 11, 2020; and e. Dates during September or October when Asif Jhangir can be made available for remote/virtual deposition (such deposition to proceed only if proper responses as detailed in paragraphs a-d above are provided by the August 28 deadline). Electronically transmitted or faxed signatures on this stipulation shall be treated as though original. Dated: July 31, 2020 KEIDEL, WELDON & CUNNINGHAM, LLP L. BLAKE MORRIS, ESQ. Attorneys for Plaintiff Attorney for Defendant By: Debra M. Krebs, Esq. By: L. Blake Morris, Esq. 925 Westchester Avenue, Suite 400 1214 Cortelyou Rd. White Plains, New York 10604 Brooklyn, New York 11218-5404 (914) 948-7000 (718) 826-8401 DISCOVERY STIPULATION Page 2 of 2 FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 From: info@lblakemorris.com To: Debra Krebs Subject: Re: Are you okay Date: Friday, April 10, 2020 3:45:38 PM Thank you for reaching out and asking, I am well. I hope you and your fam ily are doing ok. Looking forward t o get t ing back t o norm al soon. St ay safe. --- L. Blake Morris & Associates 1214 Cortelyou Rd. Brooklyn, NY 11218 (718) 826-8401 On 2020- 04- 02 7: 45 am , Debra Krebs wrot e: I have left you a number of messages and sent you several emails. I just wanted to make sure you’re okay. Deb Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Avenue Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 dkrebs@kwcllp.com Confidentiality: The information contained in this e-mail message is intended only for the use of the individual or entity named above and is privileged and confidential. Any dissemination, distribution, or copy of this communication other than to the individual or entity named above is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. FILED: KINGS COUNTY CLERK 10/19/2020 11:33 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 10/19/2020 From: Debra Krebs To: Blake@lblakemorris.com; info@lblakemorris.com Subject: Atlantic Casualty v. Eastern Fruit Date: Thursday, April 16, 2020 9:27:00 AM Blake, I hope all is well with you. I left you another voicemail on your cell phone. Please give me a call to discuss this matter. Thanks. Debbie Debra M. Krebs, Esq. Keidel, Weldon & Cunningham, LLP 925 Westchester Avenue Suite 400 White Plains, NY 10604 Tel: (914) 948-7000 (201) 490-7706 Fax: (914) 948-7010 dkrebs@kwcllp.com Confidentiality: The information contained in this e-mail message is intended only for the use of the individual or entity named above and is privileged and confidential. Any dissemination, distribution, or copy of this communication other than to the individual or entity named above is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone.