On May 22, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Eggan Excavating & Equipment Co., Inc.,
and
John Eggan, Iii, Individually And Doing Busines As Js Eggan Construction,
for Torts - Other Negligence (Trademark infringement)
in the District Court of Oneida County.
Preview
FILED: ONEIDA COUNTY CLERK 07/07/2017 06:15 PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 1 of 12
RECEIVED NYSCEF: 07/07/2017
From: James J. O'Shea
Sent: Wednesday, June 07, 2017 1:46 PM
To: Clark, Linda J.
Cc: Amy N. Schafer; James J. O'Shea
Subject: RE: Eggan
Attachments: Notice of Commencement of Action (Signed) (H3076216x7A869).pdf; ECF 001 -
Summons and Complaint (H3073905x7A869).pdf
Linda,
I have not heard from you since I sent this e-mail. In any event, I am attaching a copy of the Complaint here.
As I understand it, some time ago you and Ashley had settlement discussions pending, please let me know if
there is any value in resuming them.
Please also let this e-mail confirm that you have 20 days from today's date to Answer.
Thanks.
Jay
-----Original Message-----
From: James J. O'Shea [mailto:joshea@hancocklaw.com]
Sent: Wednesday, May 31, 2017 6:05 PM
To: lclark@barclaydamon.com
Cc: Amy N. Schafer
Subject: Eggan
Linda,
I am one if Ashley's partners who is currently working on the Eggan matter. I will, of course, allow you to
accept service. I will contact the process server tomorrow. Let me know if you have any interest in otherwise
discussing the case.
Best,
Jay
James J. O'Shea
Hancock Estabrook, LLP
1
FILED: ONEIDA COUNTY CLERK 07/07/2017 06:15 PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 2 of 12
RECEIVED NYSCEF: 07/07/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONEIDA
--------------------------------x
EgganExcavating& EquipmentCo., Inc.
Plaintiff/Petitioner,
-against- Index No. EFCA2017-0950
John Eggan, III, individuallyand doing businesas JS
EgganConstruction
------ Defendant/Respondent.x
NOTICE OF COMMENCEMENT OF ACTION SUBJECT
TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICEthat the matter captioned above has been commenced as an electronically
filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR
§ 2111 and Uniform Rule § 202.S-bb (mandatory electronic filing). This notice is being served as
required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the court
and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be
filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on all consenting e-filers as soon as the document is
uploaded to the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor
does itcharge any fees to print any filed documents. Normal filing fees must be paid, but this
can be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with this
notice must either: 1) immediately record his or her representation within the e-filed matter on
the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action
is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith
that they lack the computer hardware and/or scanner and/or internet connection or that they
lack (along with all employees subject to their direction) the operational knowledge to comply
with e-filing requirements. [Section 202.S-bb(e)]
Parties not represented by an attorney: Unrepresented litigants are exempt from
efiling. They can serve and file documents in paper form and must be served with
documents in paper form. However, an unrepresented litigant may participate in efiling.
Page 1 of 2 EFM-1
FILED: ONEIDA COUNTY CLERK 07/07/2017 06:15 PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 3 of 12
RECEIVED NYSCEF: 07/07/2017
For information on how to participate in e-filing, unrepresented litigants should contact the
appropriate clerk in the court where the action was filed or visit
www.nycourts.gov/efileunrepresented. Unrepresented litigants also are encouraged to visit
www.nycourthelp.govorcontacttheHelpCenterinthecourtwheretheactionwasfiled.An
unrepresented litigant who consents to e-filing may cease participation at any time. However,
the other parties may continue to e-file their court documents in the case.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-
386-3033; e-mail: efile@nycourts.goy).
Dated: 05/22/2017
JAMES JOSEPH O'SHEA
Name
Hancock Estabrook, LLP
Firm Name
1500 AXA Tower 1,100 Madison Street
Address
Syracuse, New York 13202
City, State, and Zip
(315) 565-4500
Phone
joshea@hancocklaw.com
E-Mail
To: John Eggan, III
d/b/a JS Eggan Construction
7435 Canterbury Hill Road
Rome, New York 13440
9/3/15
Index # Page 2 of 2 EFM-l
FILED: ONEIDA COUNTY CLERK 05/22/2017
07/07/2017 10:39
06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 4 of 12
RECEIVED NYSCEF: 05/22/2017
07/07/2017
1 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
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06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 5 of 12
RECEIVED NYSCEF: 05/22/2017
07/07/2017
2 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
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06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 6 of 12
RECEIVED NYSCEF: 05/22/2017
07/07/2017
3 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
07/07/2017 10:39
06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 7 of 12
RECEIVED NYSCEF: 05/22/2017
07/07/2017
4 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
07/07/2017 10:39
06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 8 of 12
RECEIVED NYSCEF: 05/22/2017
07/07/2017
5 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
07/07/2017 10:39
06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 9 of 12
RECEIVED NYSCEF: 05/22/2017
07/07/2017
6 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
07/07/2017 10:39
06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 PageRECEIVED
10 of 12 NYSCEF: 05/22/2017
07/07/2017
7 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
07/07/2017 10:39
06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 PageRECEIVED
11 of 12 NYSCEF: 05/22/2017
07/07/2017
8 of 9
FILED: ONEIDA COUNTY CLERK 05/22/2017
07/07/2017 10:39
06:15 AM
PM INDEX NO. EFCA2017-000950
NYSCEF DOC. NO. 1
6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 PageRECEIVED
12 of 12 NYSCEF: 05/22/2017
07/07/2017
9 of 9
Document Filed Date
July 07, 2017
Case Filing Date
May 22, 2017
Category
Torts - Other Negligence (Trademark infringement)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: ONEIDA COUNTY CLERK 07/07/2017 06:15 PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 1 of 12 RECEIVED NYSCEF: 07/07/2017 From: James J. O'Shea Sent: Wednesday, June 07, 2017 1:46 PM To: Clark, Linda J. Cc: Amy N. Schafer; James J. O'Shea Subject: RE: Eggan Attachments: Notice of Commencement of Action (Signed) (H3076216x7A869).pdf; ECF 001 - Summons and Complaint (H3073905x7A869).pdf Linda, I have not heard from you since I sent this e-mail. In any event, I am attaching a copy of the Complaint here. As I understand it, some time ago you and Ashley had settlement discussions pending, please let me know if there is any value in resuming them. Please also let this e-mail confirm that you have 20 days from today's date to Answer. Thanks. Jay -----Original Message----- From: James J. O'Shea [mailto:joshea@hancocklaw.com] Sent: Wednesday, May 31, 2017 6:05 PM To: lclark@barclaydamon.com Cc: Amy N. Schafer Subject: Eggan Linda, I am one if Ashley's partners who is currently working on the Eggan matter. I will, of course, allow you to accept service. I will contact the process server tomorrow. Let me know if you have any interest in otherwise discussing the case. Best, Jay James J. O'Shea Hancock Estabrook, LLP 1 FILED: ONEIDA COUNTY CLERK 07/07/2017 06:15 PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 2 of 12 RECEIVED NYSCEF: 07/07/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA --------------------------------x EgganExcavating& EquipmentCo., Inc. Plaintiff/Petitioner, -against- Index No. EFCA2017-0950 John Eggan, III, individuallyand doing businesas JS EgganConstruction ------ Defendant/Respondent.x NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICEthat the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.S-bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronic filing. Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section 202.S-bb(e)] Parties not represented by an attorney: Unrepresented litigants are exempt from efiling. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant may participate in efiling. Page 1 of 2 EFM-1 FILED: ONEIDA COUNTY CLERK 07/07/2017 06:15 PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 3 of 12 RECEIVED NYSCEF: 07/07/2017 For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.govorcontacttheHelpCenterinthecourtwheretheactionwasfiled.An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646- 386-3033; e-mail: efile@nycourts.goy). Dated: 05/22/2017 JAMES JOSEPH O'SHEA Name Hancock Estabrook, LLP Firm Name 1500 AXA Tower 1,100 Madison Street Address Syracuse, New York 13202 City, State, and Zip (315) 565-4500 Phone joshea@hancocklaw.com E-Mail To: John Eggan, III d/b/a JS Eggan Construction 7435 Canterbury Hill Road Rome, New York 13440 9/3/15 Index # Page 2 of 2 EFM-l FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 4 of 12 RECEIVED NYSCEF: 05/22/2017 07/07/2017 1 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 5 of 12 RECEIVED NYSCEF: 05/22/2017 07/07/2017 2 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 6 of 12 RECEIVED NYSCEF: 05/22/2017 07/07/2017 3 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 7 of 12 RECEIVED NYSCEF: 05/22/2017 07/07/2017 4 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 8 of 12 RECEIVED NYSCEF: 05/22/2017 07/07/2017 5 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 Page 9 of 12 RECEIVED NYSCEF: 05/22/2017 07/07/2017 6 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 PageRECEIVED 10 of 12 NYSCEF: 05/22/2017 07/07/2017 7 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 PageRECEIVED 11 of 12 NYSCEF: 05/22/2017 07/07/2017 8 of 9 FILED: ONEIDA COUNTY CLERK 05/22/2017 07/07/2017 10:39 06:15 AM PM INDEX NO. EFCA2017-000950 NYSCEF DOC. NO. 1 6 Case 5:00-at-99999 Document 29-3 Filed 07/07/17 PageRECEIVED 12 of 12 NYSCEF: 05/22/2017 07/07/2017 9 of 9