On June 14, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Albert Young Individually And As Executor Of The Estate Of Lula Stevens,
Albert Young
Individually And As Executor Of The Estate Of Lula Stevens,
Ardith E Bulmahn Individually And As Administratix Of The Estate Of Lula Stevens,
Ardith E Bulmahn
Individually And As Administratix Of The Estate Of Lula Stevens,
Brenda Barnes Individually And As Administratix Of The Estate Of John Anthony Dobbins,
Brenda Barnes
Individually And As Administratix Of The Estate Of John Anthony Dobbins,
David Janusz Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
David Janusz
Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Denise Clay Individually And As Administratix Of The Estate Of Randall Clay,
Denise Clay
Individually And As Administratix Of The Estate Of Randall Clay,
Diane Antkowiak Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Diane Antkowiak
Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Thaddeus C Tomaka Individually And As Executor Of The Estate Of Randall Clay,
Thaddeus C Tomaka
Individually And As Executor Of The Estate Of Randall Clay,
Thaddeus C Tomaka
Individually And Executor Of The Estate Of Lillian Tomaka,
Velpo Johnson Iii Individually And As Executor Of The Estate Of Willie Lee Stewart,
Velpo Johnson Iii
Individually And As Executor Of The Estate Of Willie Lee Stewart,
and
Aryeh Richard Platschek,
Golden Living Centers Llc,
Jennifer G. Flannery, Erie County Public Administrator Of The Estate Of Wendy Hammond A K A Wendy Zacher Hammond A K A Wendy Zacher-Schmidt,
John Does 1-200,
Judy Landa,
Laura Zacher Otterbein,
Legacy Health Care Llc,
Moshe Steinberg,
Ridge View Manor Llc,
Robert Schuck,
Safire Care, Llc,
Safire Nursing And Rehabilitation Care Of Amherst, Llc,
Safire Rehabilitation Of Amherst, Llc,
Sheridan Manor Llc,
Solomon Abramczyk,
Williamsville Suburban Llc,
W Richard Zacher,
W Richard Zacher A K A Richard Zacher,
for Commercial - Contract
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021
Exhibit
L
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021
BRIAN P, CROSBY
R. DONALD FINN
CHARLES S. DESMOND, N
KATHLEEN M. SWEET (Ny a M^)
c,vffi ROCHELLE K. LAWLESS
AMANDA C. ROSSI
KYLE W. DUKMEN
KARA M. EYRE
C. CHRISTOPHER BzuDGE
NORMAN B. VITI, JR. GIBSON, MoASKILL & CROSBY, LLP JENNA E. McDONNELL
TIIEODORE A. JOERG
ROBERT G. SCUMACI trvara ATTORNEYS AT LAW ALEXANDRA C, JAEHN
TIMOTHY J, GRASER ENDELL J. OSI'NA
SAILY J, BROAD 69 DELAWARE AVENUE, SUITE 9OO SOFIA L, REZVANI
ROBERT J. MULLINS, N KEI-SEY R RTJSZKOWSKI
MELISSA L. ZITTEL
BUFFALO, NEW YORK 14202-3866 BETHANY A, TAYLOR
RYAN P. CRAWFORD TELEPHONE: (716) 856-4200 ELISHA D. TEIBEL
MICHAEL P, SULLIVAN
Special Counsel
MELISSAM MORTON FACSIMILE: (716) 856-4013 ROBERT E. SCOTT
MELINDA L. CRABOWSKI
JASON A. GOODMAN
fu
Seryice not accepted by
or e-mail MICHAIL J. WILLETT
JOSEPH W. DUNBAR
wl
CRAIG R. WATSON rrv a
F,I.IZABETH G ADY']VIY
GEORGEM GTBSON
ROBERT D. BARONE
(1929-2002)
KzuSTIN A, TISCI
AARON F, GLAZER
JAMES S. McASKILL
(1929-r995) Of Counsel
VICTOR ALAN OLIVERI
MARK SPITLER
CAROL WHITE GIBSON
PAULETTE E, ROSS
October 2,2020
Michael C. Scinta, Esq.
Nicole T.C. Marques, Esq.
Brown Chiari LLP
2470 Walden Avenue, Suite 300
Buffalo, New York 14225
RE Clay, et al. v. Ridge View Manor, LLC, Williamsville Suburban, LLC,
Sheridan Manoro LLC, Legacy Health Careo LLC,
W. Richard Zacher (Incorrectly sued herein as Richard Zacher), and
John Does f-200
Index No.: I20f 0-3907
Dear Mr. Scinta and Ms. Marques:
Please allow this correspondence to serve as further follow-up to our conversations with the Court and all
counsel at each ofthe recent Court conferences, and to specifically raise these outstanding discovery issues prior
to the Court conference on Wednesday, October 1412020, with regard to the above-referenced matter.
Please provide our office with responses to our clients' demands, directed to each individual plaintiff, for
a verified bill of particulars, omnibus discovery demands, demands for Medicare information and/or Medicaid
Lien information, Notices to Produce, and updated EBT notices for each named plaintiff, which were seryed upon
you on June 17, 2020.
Additionally, at each of the recent Court conferences, pursuant to our request, you advised us of your
intention to evaluate the prior discovery demands served by plaintiffs in this case and consider revising or
replacing same to be consistent with Justice NeMoyer's decision in Passucci v, Absolut Center for Nursing and
Rehabilitation, etc., et al., which limits the scope of the proposed class action period as to each of the defendant
facilities to the actual dates the seven (7) named plaintiffs/plaintiffs' decedents were residents of those facilities.
Please let this serve as our further request that you provide us with a revised plaintiffs' Fifth Notice to Produce
limiting the scope of discovery to be consistent with Justice NeMoyer's decision in the Passucci matter.
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021
Michael C. Scinta, Esq.
Nicole T.C. Marques, Esq
October 2,2020
Page2
Also, please be advised that the defendants expressly reserve their right to serve further discovery demands
that may be necessary for the defense of this matter including, but not limited to, pre-certification discovery and
post-certification discovery should the plaintiffs' motion seeking class certification be successful.
Lastly, please provide us with copies of any new filings relative to the separate Stevens action and advise
us if an appearance is entered by an attorney on behalf of our client, W. RichardZacher.
Thank you for your anticipated cooperation. Should you have any questions, please do not hesitate to
contact us.
Very truly yours,
Norman B. Viti, Jr.
for GIBSON, McASKILL & CROSBY, LLP
nviti@emclaw.com
NBV/dss
cc: Patrick B. Curran, Esq.
Melissa M. Morton, Esq
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021
Michael C. Scinta, Esq.
Nicole T.C. Marques, Esq.
October 2,2020
Page 3
bcc Michael Savage, Medical Liability Mutual Insurance Company, via e-mail: msavage@nlmic.com &
mmipemclms@nlmic.com
Brian Daviso AIC, OneBeacon Professional Insurance, via e-mail: bdavis@pnebeacon,com
Lisa Giorgini, R.N., B.A.N., M.H.A., Physicians' Reciprocal Insurers, via e-mail: Lgiorgini@nedmal.com
Arthur G. Baumeister, Jr., Esq., Baumeister Detu, LLP, via e-mail: abaumeistet@bdlegal.net
Preview
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021 Exhibit L FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021 BRIAN P, CROSBY R. DONALD FINN CHARLES S. DESMOND, N KATHLEEN M. SWEET (Ny a M^) c,vffi ROCHELLE K. LAWLESS AMANDA C. ROSSI KYLE W. DUKMEN KARA M. EYRE C. CHRISTOPHER BzuDGE NORMAN B. VITI, JR. GIBSON, MoASKILL & CROSBY, LLP JENNA E. McDONNELL TIIEODORE A. JOERG ROBERT G. SCUMACI trvara ATTORNEYS AT LAW ALEXANDRA C, JAEHN TIMOTHY J, GRASER ENDELL J. OSI'NA SAILY J, BROAD 69 DELAWARE AVENUE, SUITE 9OO SOFIA L, REZVANI ROBERT J. MULLINS, N KEI-SEY R RTJSZKOWSKI MELISSA L. ZITTEL BUFFALO, NEW YORK 14202-3866 BETHANY A, TAYLOR RYAN P. CRAWFORD TELEPHONE: (716) 856-4200 ELISHA D. TEIBEL MICHAEL P, SULLIVAN Special Counsel MELISSAM MORTON FACSIMILE: (716) 856-4013 ROBERT E. SCOTT MELINDA L. CRABOWSKI JASON A. GOODMAN fu Seryice not accepted by or e-mail MICHAIL J. WILLETT JOSEPH W. DUNBAR wl CRAIG R. WATSON rrv a F,I.IZABETH G ADY']VIY GEORGEM GTBSON ROBERT D. BARONE (1929-2002) KzuSTIN A, TISCI AARON F, GLAZER JAMES S. McASKILL (1929-r995) Of Counsel VICTOR ALAN OLIVERI MARK SPITLER CAROL WHITE GIBSON PAULETTE E, ROSS October 2,2020 Michael C. Scinta, Esq. Nicole T.C. Marques, Esq. Brown Chiari LLP 2470 Walden Avenue, Suite 300 Buffalo, New York 14225 RE Clay, et al. v. Ridge View Manor, LLC, Williamsville Suburban, LLC, Sheridan Manoro LLC, Legacy Health Careo LLC, W. Richard Zacher (Incorrectly sued herein as Richard Zacher), and John Does f-200 Index No.: I20f 0-3907 Dear Mr. Scinta and Ms. Marques: Please allow this correspondence to serve as further follow-up to our conversations with the Court and all counsel at each ofthe recent Court conferences, and to specifically raise these outstanding discovery issues prior to the Court conference on Wednesday, October 1412020, with regard to the above-referenced matter. Please provide our office with responses to our clients' demands, directed to each individual plaintiff, for a verified bill of particulars, omnibus discovery demands, demands for Medicare information and/or Medicaid Lien information, Notices to Produce, and updated EBT notices for each named plaintiff, which were seryed upon you on June 17, 2020. Additionally, at each of the recent Court conferences, pursuant to our request, you advised us of your intention to evaluate the prior discovery demands served by plaintiffs in this case and consider revising or replacing same to be consistent with Justice NeMoyer's decision in Passucci v, Absolut Center for Nursing and Rehabilitation, etc., et al., which limits the scope of the proposed class action period as to each of the defendant facilities to the actual dates the seven (7) named plaintiffs/plaintiffs' decedents were residents of those facilities. Please let this serve as our further request that you provide us with a revised plaintiffs' Fifth Notice to Produce limiting the scope of discovery to be consistent with Justice NeMoyer's decision in the Passucci matter. FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021 Michael C. Scinta, Esq. Nicole T.C. Marques, Esq October 2,2020 Page2 Also, please be advised that the defendants expressly reserve their right to serve further discovery demands that may be necessary for the defense of this matter including, but not limited to, pre-certification discovery and post-certification discovery should the plaintiffs' motion seeking class certification be successful. Lastly, please provide us with copies of any new filings relative to the separate Stevens action and advise us if an appearance is entered by an attorney on behalf of our client, W. RichardZacher. Thank you for your anticipated cooperation. Should you have any questions, please do not hesitate to contact us. Very truly yours, Norman B. Viti, Jr. for GIBSON, McASKILL & CROSBY, LLP nviti@emclaw.com NBV/dss cc: Patrick B. Curran, Esq. Melissa M. Morton, Esq FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/25/2021 Michael C. Scinta, Esq. Nicole T.C. Marques, Esq. October 2,2020 Page 3 bcc Michael Savage, Medical Liability Mutual Insurance Company, via e-mail: msavage@nlmic.com & mmipemclms@nlmic.com Brian Daviso AIC, OneBeacon Professional Insurance, via e-mail: bdavis@pnebeacon,com Lisa Giorgini, R.N., B.A.N., M.H.A., Physicians' Reciprocal Insurers, via e-mail: Lgiorgini@nedmal.com Arthur G. Baumeister, Jr., Esq., Baumeister Detu, LLP, via e-mail: abaumeistet@bdlegal.net