Preview
FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021
EXHIBIT
EXHIBIT A
A
FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021
SUPREMECOURT
SUPREME COURTOF OFTHETHESTATE
STATEOF OFNEW
NEWYORK YORK
COUNTYOF
COUNTY OFNASSAU
NASSAU
XX
ROXXALISON
ROXX ALISONLTD., LTD.,
IndexNo.
Index No. 611620/2019
611620/2019
Plaintiff,
Plaintiff,
SECOND AMENDED
SECOND AMENDED
-against-
-against- RESPONSES AND
RESPONSES AND
OBJECTIONSTO
OBJECTIONS TO
SPECTRUM BLUE,
SPECTRUM BLUE, LLC EEC and
and VAL
VAL KATAYEV,
KATAYEV, DOCUMENT DEMANDS
DOCUMENT DEMANDS
Defendants.
Defendants.
X
Defendants
Defendants Spectrum
Spectrum Blue,
Blue, EEC
LLC (“Spectrum
("Spectrum Blue”)
Blue") and
and Val
Val Katayev
Katayev (together,
(together,
“Defendants”), by
"Defendants"), by and
and through
through their
their attorneys,
attorneys, Meyer,
Meyer, Suozzi,
Suozzi, English
English & & Klein,
Klein, P.C.,
P.C., hereby
hereby
respond and
respond and object
object to
to the
the document
document demands
demands of of Plaintiff
Plaintiff Roxx
Roxx Alison
Alison Ltd.
Ltd. ("Plaintiff'),
(“Plaintiff’), dated
dated
April 2,
April 2, 2020
2020 (the
(the "Document
“Document Demands"),
Demands”), as as follows:
follows:
The following responses
The following responses andand objections
objections to to the
the Document
Document Demands
Demands reflect
reflect the
the best
best of
of
Defendants’ present
Defendants' present knowledge,
knowledge, information,
information, andand belief.
belief Defendants'
Defendants’ responses
responses andand objections
objections
are made
are made without
without prejudice
prejudice toto Defendants'
Defendants’ assertion
assertion ofof additional
additional responses
responses andand objections
objections at at aa
later
later date.
date. The
The following
following responses
responses and
and objections
objections are
are also
also made
made without
without prejudice
prejudice to
to
Defendants’
Defendants' right to
right to revise,
revise, correct, clarify,
correct, clarify, supplement,
supplement, modify, or
modify, or amend
amend hishis responses
responses andand
objections as
objections as necessary
necessary oror appropriate.
appropriate.
Defendants do
Defendants do not
not admit,
admit, adopt,
adopt, or
or otherwise
otherwise acquiesce
acquiesce toto any
any factual
factual or
or legal
legal contention,
contention,
assertion,
assertion, characterization,
characterization, or implication
or implication that
that the
the Document Demands
Document Demands contain,
contain, consist of,
consist of, or
or
assume.
assume. Any
Any and
and all
all responses,
responses, objections,
objections, or
or productions
productions of documents
of documents are
are made
made without
without
prejudice to
prejudice to Defendants'
Defendants’ right
right to
to dispute
dispute such
such facts
facts or
or legal
legal conclusions.
conclusions.
Defendants do
Defendants do not
not in
in any
any way
way waive
waive oror intend
intend to
to waive,
waive, but
but rather
rather expressly
expressly preserve
preserve andand
intend
intend to
to preserve,
preserve, any
any and
and all
all of
of their
their rights
rights to
to object
object to
to (a)
(a) the
the competence,
competence, relevance,
relevance,
FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021
materiality,
materiality, or admissibility
or admissibility of of any
any and all
and all documents
documents that may
that may bebe produced in
produced in response to
response to the
the
Documents Demands
Documents Demands or or the
the subject
subject matter
matter thereof;
thereof; (b) the
(b) the use
use in
in any
any subsequent
subsequent proceeding
proceeding of
of
any
any and
and all
all documents
documents that
that may
may be
be produced
produced in
in response
response to
to the
the Document
Document Demands
Demands or
or the
the
subject
subject matter
matter thereof;
thereof; and
and (c)
(c) any
any and
and all
all subsequent
subsequent requests
requests for
for further
further responses
responses to
to the
the
Document Demands
Document Demands or or to
to any
any other
other demand
demand forfor disclosure
disclosure from
from Defendants.
Defendants.
Documents
Documents that
that are
are protected
protected from
from disclosure
disclosure by
by the
the attorney-client
attorney-client privilege,
privilege, the
the
common interest
common interest or
or joint defense privilege
joint defense privilege oror doctrine,
doctrine, the
the attorney
attorney work
work product
product doctrine,
doctrine, oror any
any
other
other privilege,
privilege, immunity,
immunity, or
or protection
protection available
available under
under the
the law,
law, will
will not
not be
be produced.
produced. The
The
inadvertent disclosure
inadvertent disclosure ofof any
any documents
documents protected
protected byby the
the attorney-client
attorney-client privilege,
privilege, the common
the common
interest or
interest or joint
joint defense
defense privilege
privilege or doctrine,
or doctrine, the
the attorney work
attorney work product
product doctrine,
doctrine, or any
or any other
other
privilege,
privilege, immunity,
immunity, or
or protection
protection available
available under
under the
the law,
law, is
is not
not intended
intended to
to be,
be, nor
nor shall
shall it
it
constitute, aa waiver
constitute, waiver ofof such
such privilege,
privilege, immunity,
immunity, or or protection
protection asas to
to such
such documents.
documents. Defendants
Defendants
reserve the
reserve the right
right to
to demand
demand the the return
return of
of any
any such
such documents,
documents, including,
including, but not
but not limited
limited to,
to, any
any
and all copies,
and all copies, excerpts,
excerpts, oror summaries
summaries of of such
such documents.
documents.
Document Demand
Document Demand No. No. 11
In
In accordance
accordance with
with CPLR
CPLR §§ 3101(e),
3101(e), copies
copies of any
of any written
written statements
statements or
or admissions
admissions
made by
made by plaintiff
plaintiff concerning
concerning thethe subject
subject matter
matter of
of this
this action.
action.
Responses and
Responses and Objections
Objections to to Document
Document Demand
Demand No. No. 11
Defendants
Defendants object
object to
to this
this Document
Document Demand
Demand on
on the
the grounds
grounds that
that it
it is
is vague
vague and
and
ambiguous,
ambiguous, as
as the
the terms
terms “written
"written statements”
statements" and
and “admissions”
"admissions" are
are unclear
unclear and
and otherwise
otherwise
undefined.
undefined. Defendants
Defendants also
also objects
objects to
to this
this Document
Document Demand
Demand on
on the
the grounds
grounds that
that it
it calls
calls for
for
production
production of documents
of documents beyond
beyond those
those required
required by
by C.P.L.R.
C.P.L.R. 3101(e).
3101(e). Subject
Subject to,
to, and
and without
without
waiving,
waiving, the
the foregoing objections,
foregoing objections. Defendants
Defendants state that
state that they
they are
are not in
not in possession,
possession, custody,
custody, or
or
control of
control of any
any statement
statement that
that must
must be
be produced
produced pursuant
pursuant toto C.P.L.R.
C.P.L.R. 3101(e).
3101(e).
2
FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021
Document Demand
Document Demand No. No. 22
All
All contracts,
contracts, agreements
agreements between plaintiff
between plaintiff and
and Spectrum Blue
Spectrum Blue LLC,
LLC, all
all amendments
amendments
thereto,
thereto, and
and all
all documents
documents comprising
comprising or
or concerning
concerning communieations
communications concerning
concerning their
their
negotiation and
negotiation and execution.
execution.
Responses and
Responses and Objections
Objections to to Document
Document Demand
Demand No. No. 22
Defendants object
Defendants object to
to this
this Document
Document Demand.
Demand. Because this
Because this Document
Document Demands
Demands calls
calls for
for
the production
the production of of "all"
“all” contracts
contracts and
and agreements
agreements between
between Plaintiff
Plaintiff and
and Spectrum
Spectrum Blue,
Blue, as
as well
well as
as
“all”
"all" communications
communications regarding
regarding their
their “negotiation
"negotiation and
and execution,”
execution," regardless
regardless of,
of, inter
inter alia,
alia,
subject
subject matter,
matter, it
it is
is overly
overly broad,
broad, unduly
unduly burdensome,
burdensome, lacking
lacking in
in reasonable
reasonable particularity,
particularity, and
and
calling
calling for
for the
the production
production of
of irrelevant
irrelevant documents.
documents. Moreover,
Moreover, communications
communications regarding
regarding
“negotiation
"negotiation and
and execution”
execution" would
Preview
FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021 EXHIBIT EXHIBIT A A FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021 SUPREMECOURT SUPREME COURTOF OFTHETHESTATE STATEOF OFNEW NEWYORK YORK COUNTYOF COUNTY OFNASSAU NASSAU XX ROXXALISON ROXX ALISONLTD., LTD., IndexNo. Index No. 611620/2019 611620/2019 Plaintiff, Plaintiff, SECOND AMENDED SECOND AMENDED -against- -against- RESPONSES AND RESPONSES AND OBJECTIONSTO OBJECTIONS TO SPECTRUM BLUE, SPECTRUM BLUE, LLC EEC and and VAL VAL KATAYEV, KATAYEV, DOCUMENT DEMANDS DOCUMENT DEMANDS Defendants. Defendants. X Defendants Defendants Spectrum Spectrum Blue, Blue, EEC LLC (“Spectrum ("Spectrum Blue”) Blue") and and Val Val Katayev Katayev (together, (together, “Defendants”), by "Defendants"), by and and through through their their attorneys, attorneys, Meyer, Meyer, Suozzi, Suozzi, English English & & Klein, Klein, P.C., P.C., hereby hereby respond and respond and object object to to the the document document demands demands of of Plaintiff Plaintiff Roxx Roxx Alison Alison Ltd. Ltd. ("Plaintiff'), (“Plaintiff’), dated dated April 2, April 2, 2020 2020 (the (the "Document “Document Demands"), Demands”), as as follows: follows: The following responses The following responses andand objections objections to to the the Document Document Demands Demands reflect reflect the the best best of of Defendants’ present Defendants' present knowledge, knowledge, information, information, andand belief. belief Defendants' Defendants’ responses responses andand objections objections are made are made without without prejudice prejudice toto Defendants' Defendants’ assertion assertion ofof additional additional responses responses andand objections objections at at aa later later date. date. The The following following responses responses and and objections objections are are also also made made without without prejudice prejudice to to Defendants’ Defendants' right to right to revise, revise, correct, clarify, correct, clarify, supplement, supplement, modify, or modify, or amend amend hishis responses responses andand objections as objections as necessary necessary oror appropriate. appropriate. Defendants do Defendants do not not admit, admit, adopt, adopt, or or otherwise otherwise acquiesce acquiesce toto any any factual factual or or legal legal contention, contention, assertion, assertion, characterization, characterization, or implication or implication that that the the Document Demands Document Demands contain, contain, consist of, consist of, or or assume. assume. Any Any and and all all responses, responses, objections, objections, or or productions productions of documents of documents are are made made without without prejudice to prejudice to Defendants' Defendants’ right right to to dispute dispute such such facts facts or or legal legal conclusions. conclusions. Defendants do Defendants do not not in in any any way way waive waive oror intend intend to to waive, waive, but but rather rather expressly expressly preserve preserve andand intend intend to to preserve, preserve, any any and and all all of of their their rights rights to to object object to to (a) (a) the the competence, competence, relevance, relevance, FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021 materiality, materiality, or admissibility or admissibility of of any any and all and all documents documents that may that may bebe produced in produced in response to response to the the Documents Demands Documents Demands or or the the subject subject matter matter thereof; thereof; (b) the (b) the use use in in any any subsequent subsequent proceeding proceeding of of any any and and all all documents documents that that may may be be produced produced in in response response to to the the Document Document Demands Demands or or the the subject subject matter matter thereof; thereof; and and (c) (c) any any and and all all subsequent subsequent requests requests for for further further responses responses to to the the Document Demands Document Demands or or to to any any other other demand demand forfor disclosure disclosure from from Defendants. Defendants. Documents Documents that that are are protected protected from from disclosure disclosure by by the the attorney-client attorney-client privilege, privilege, the the common interest common interest or or joint defense privilege joint defense privilege oror doctrine, doctrine, the the attorney attorney work work product product doctrine, doctrine, oror any any other other privilege, privilege, immunity, immunity, or or protection protection available available under under the the law, law, will will not not be be produced. produced. The The inadvertent disclosure inadvertent disclosure ofof any any documents documents protected protected byby the the attorney-client attorney-client privilege, privilege, the common the common interest or interest or joint joint defense defense privilege privilege or doctrine, or doctrine, the the attorney work attorney work product product doctrine, doctrine, or any or any other other privilege, privilege, immunity, immunity, or or protection protection available available under under the the law, law, is is not not intended intended to to be, be, nor nor shall shall it it constitute, aa waiver constitute, waiver ofof such such privilege, privilege, immunity, immunity, or or protection protection asas to to such such documents. documents. Defendants Defendants reserve the reserve the right right to to demand demand the the return return of of any any such such documents, documents, including, including, but not but not limited limited to, to, any any and all copies, and all copies, excerpts, excerpts, oror summaries summaries of of such such documents. documents. Document Demand Document Demand No. No. 11 In In accordance accordance with with CPLR CPLR §§ 3101(e), 3101(e), copies copies of any of any written written statements statements or or admissions admissions made by made by plaintiff plaintiff concerning concerning thethe subject subject matter matter of of this this action. action. Responses and Responses and Objections Objections to to Document Document Demand Demand No. No. 11 Defendants Defendants object object to to this this Document Document Demand Demand on on the the grounds grounds that that it it is is vague vague and and ambiguous, ambiguous, as as the the terms terms “written "written statements” statements" and and “admissions” "admissions" are are unclear unclear and and otherwise otherwise undefined. undefined. Defendants Defendants also also objects objects to to this this Document Document Demand Demand on on the the grounds grounds that that it it calls calls for for production production of documents of documents beyond beyond those those required required by by C.P.L.R. C.P.L.R. 3101(e). 3101(e). Subject Subject to, to, and and without without waiving, waiving, the the foregoing objections, foregoing objections. Defendants Defendants state that state that they they are are not in not in possession, possession, custody, custody, or or control of control of any any statement statement that that must must be be produced produced pursuant pursuant toto C.P.L.R. C.P.L.R. 3101(e). 3101(e). 2 FILED: NASSAU COUNTY CLERK 04/09/2021 04:57 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/09/2021 Document Demand Document Demand No. No. 22 All All contracts, contracts, agreements agreements between plaintiff between plaintiff and and Spectrum Blue Spectrum Blue LLC, LLC, all all amendments amendments thereto, thereto, and and all all documents documents comprising comprising or or concerning concerning communieations communications concerning concerning their their negotiation and negotiation and execution. execution. Responses and Responses and Objections Objections to to Document Document Demand Demand No. No. 22 Defendants object Defendants object to to this this Document Document Demand. Demand. Because this Because this Document Document Demands Demands calls calls for for the production the production of of "all" “all” contracts contracts and and agreements agreements between between Plaintiff Plaintiff and and Spectrum Spectrum Blue, Blue, as as well well as as “all” "all" communications communications regarding regarding their their “negotiation "negotiation and and execution,” execution," regardless regardless of, of, inter inter alia, alia, subject subject matter, matter, it it is is overly overly broad, broad, unduly unduly burdensome, burdensome, lacking lacking in in reasonable reasonable particularity, particularity, and and calling calling for for the the production production of of irrelevant irrelevant documents. documents. Moreover, Moreover, communications communications regarding regarding “negotiation "negotiation and and execution” execution" would