Preview
FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015
NYSCEF
FILED:
DOC. NO. 421
SUFFOLK COUÑ*PIxsgg12 RECEIVED NYSCEF:
as
10/18/2018
NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018
INDEX NO. 611214/2015
SUPREME COURT - STATE OF NEW YORK
I.A.S. PART 12 - SUFFOLK COUNTY
PRESENT:
Hon. John H. Rouse
Acting Supreme Court Justice e-filed full participation
SUZANNE SCHULMAN AS ADMINISTRATR1X OF THE ESTATE OF
BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA
L[PETS, MINDY GRABINA A/O/E AMY GRABINA, AND MlNDY
GRABINA, INDIVIDUALLY,, STEVEN BARUCH A/O/E LAUREN
BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY,
JOELLE DIMONTE, MELISSA A CRA1, ARTHUR A BELLI )R AS PARENT
AND NATURAL GUARDIAN OF STEPHAN1E BELL1, DECEASED, AND
AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLl,
Plaintiffs
DECISION & ORDER
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON
MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A
ROYALE LIMOUSINE, XYZ COMPANIES 1-5 NAME BEING F1CTITIOUS
BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS,
AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH
LIMOUSINE INVOLVED IN THE COLLISION,
Defendants
TO:
BY MAIL TO: JOHN L JULIANO PC
HON. TIMOTHY D. SIN1 39 DOYLE CT
SUFFOLK COUNTY DISTRICT ATTORNEY E NORTHPORT, NY 11731
BY: W1LLIAM T. FERRIS, III,ESQ. 631-499-9300
CHIEF ASSISTANT TO THE DISTRICT ATTORNEY
WILLIAM .I. LINDSAY COUNTY COMPLEX - BLDG. 77 THE BONGIORNO LAW PLLC.
FIRM,
VETERANS MEMORIAL HIGHWAY 1415 KELLUM PLACE, STE. 205
HAUPPAUGE, NY 11788 GARDEN CITY, NY 11530
631-852-2469 . 516-741-4170
and e-mailto:William.Ferrisill@suffolkcountyny.gov
Paáe 1 of 3
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NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 10/18/2018
COU1gyxCt15)Eg121
ILED: SUFFOLK 5/2
NYSCEF DOC. NO. 415 RECEIVED NYSCEF.: 10/11/2018
PARIS & CHAIKIN PLC VIGOR)TO, BARKER,
14 PENN PLAZA, SUITE 2000 PORTER & LLP
PATTERSON,
NEW YORK, NY 10122 300 GARDEN CITY PLZ, STE 308
212-742-0476 GARDEN CITY, NY 11530
516-288-7464
THE LAW OFFICE OF ROBIN V. SINGH, ESQ. P.C.
193-15 HILLSIDE AVENUE AHMUTY DEMERS & MCMANUS
HOLLIS, NY 11423 200 I.U. WILLETS RD.
917-923-1646 ALBERTSON, NY 11507
516-294-5433
FRANK J. LAINE, P.C.
449 S OYSTER BAY RD CASCONE & KLUEPFEL, LLP
PLAINVlEW, NY 1I803 1399 FRANKLIN AVENUE
516-937-1010 GARDEN CITY, NY 11530
5 l6-747-1990
SULLIVAN, PAPAIN, BLOCK,
MCGRATH, CANNAVO, P.C. LEWIS JOHS AVALLONE AVILES, LLP
I 140 FRANKLIN AVE., STE 200 ONE CA PLAZA, SUITE 225
GARDEN CITY, NY I1530 ISLANDIA, NY 11749
212-266-4208 631-755-0101
PEGALIS & ERICKSON, LLC DEV1TT SPELLMAN BARRETT, LLP
1 HOLLOW LN, STE 107 50 ROUTE I I1
NEW HYDE PARK, NY 1 1042 SMITHTOWN, NY 11787
516- 684-2900 631-724-8833
LAW OFFICES OF JOSEPH J TOCK HON. DENNIS M. BROWN
963 ROUTE 6 SUFFOLK COUNTY ATTORNEY
NY 10541 100 VETERANS MEMORIAL HIGHWAY
MAHOPAC,
845-628-8080 HAUPPAUGE, NY 11788
631-853-4055
BLOCK O'TOOLE & MURPHY LLP
1 PENN SUITE 5315 LAW OFFICE OF ANDREA G. SAWYERS
PLAZA,
NEW NY 10119 PO BOX 9028
YORK,
212-736-5300 MELVELLE, NY 11747
631-501-3077
Upon review of the letter to the Court (e-filed document 414) from counsel for Suzanne
Schulman as Administratrix 0.fthe Estate of Brittney M. Schulman, the e-mail correspondence.,
on October the Answer David H. Arnsten, Esq. On October 7, 2016; and
begiññing 5, 2018; by
Answer of John L. Esq. on October 9, 2018; the conversation between John L.
the Juliano,
court's law clerk as described and alle-filed documents 1-414
Juliano, Esq. and this herein;
specifically e-documents 373 and 410, itis:
including
ORDERED upon proper paymeñt the in this action, and within ten days
that, by requesting party
the date service of notice'of of this decision and order is made upon the Suffolk County
of entry
the Suffolk District is directed to provide to such party those
District Attorney; County Attorney
materials this court ordered to be disclosed in the decision and order of the court dated July 17,
2018 (e-filed document number 410); and itis further
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/pas
FILED: SUFFOLK COU1gpxagg12pg
NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018
ORDERED that the parties are directed to complete discovery in this action with the that
alacrity
isconsonant with the rights of allparties to thisaction; and itis further
ORDERED that the Clerk of the Court is directed to e-file together with this decision and order
the e-mail correspondence referred to in this decision and order; and itis further
ORDERED that the parties, ifthey have not done so already, are directed to review the rules of
this part found at: https://www.nycourts.gov/courts/10jd/suffolk/SC Part_Rules/Rouse.pdf
DECISION
The Court has reviewed the letterfrom counsel for Suzanne Schulman as Administratrix of the
Estate of Brittney M. Schulman dated September 21, 2018 along with the e-mail correspondence
with the court's law clerk which the court clerk will e-file to be kept with the record of these
precccdings. Further, counsel for Suzanne Schulman as Administratrix of the Estate of Brittney
M. Schulman had a conversation with the law clerk this morning, October 10, 2018, wherein
procedural concerns for discovery ordered by the court in the decision and order of the
obtaining
court dated 17, 2018 (e-filed document number 410) were discussed and this present order is
July
now being issued to address the same. 22 NYCRR § 100.3 (B)(6).
Ithas been proposed counsel for Suzanne Schulman as Administratrix of the Estate of
by
M. Schulman that a stipulation might be made by all parties, Plaintiffs and Defendants,
Brittney
and that allparties be convened to discuss such a possible stipulation to supplant the prior order
this court. In litigation such as itis often unwieldy to obtain stipulations of all
of multiparty this,
interested and here the court has rendered a decision and issued an order that
parties, already
provides for disclosure of materials to the litigants in this action. The parties are always
chart their own course in the litigation stipulation or other proper means of
welcome to by
disputes. No however, has been presented to the court for itsconsideration
resolving stipulation,
alter the substantive rights of the parties to this action. This action was commenced on
to
and this court has an obligation to insure that is completed so that a
October 21, 2015, discovery
note issue can be filed and the case tried ifno other disposition is achieved. 22 NYCRR §
of
the parties are directed to proceed in accordance with the prior orders
100.3 (B)(7). Accordingly,
upon default of compliance with the prior orders of the urt, or upon a dispute
of the court, and
requires the parties are file such motions with urt as ma be necessary and
that resolution,
permitted by law.
Dated: October 10, 2018
JOHN H. ROUS , Actitg J.S.C.
NON-FINAL DISPOSITION
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NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 10/18/2018
FILED: COU1Wyx
SUFFOLK agg12g 1
N DOC. NO. 415RECEIVED NYSCEF: 10/11/2018
From: John L. Juliano P.C.
Sent: Tuesday, October 2018 1:21 PM
09,
To: Thomas Moore
Subject: RE: 611214/2015 Suzanne Schulman et al- v.- Ultimate Class Limousine, Inc.et al
Dear Mr. Moore:
Allcounsel and the DA's Office would like an appearance date before the Court so that the agreed upon stipulation with
the DistrictAttorney's Office can be agreed to and a new defendants'
Order for the taking of the depositions can also be
agreed and filed.
Your kind advice isanticipated.
John Juliano, Attorney for the Schulmans
Law Officesof
yoDn 30. gunano, SE.
John L. Juliano,ESQ.
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
*''
Fax: (631) 462-2532
From: Thomas Moore [mailto:tmoore1@ñyccüits.gov]
Sent: Tuesday, October 09, 2018 9:23 AM
. To: Dave Arntsen
Cc: henri.demers@admlaw.com; Neil.Palmicri@admlaw.com; jparis@parischalkin.com; dkluepfel@cklaw.com;
rkdeviln@iewisjobs.com; kspellmañ@devittspellmanlaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com;
jprisco@travelers.com; ssteiger@travelers.com; llucchese@cklaw.com; gnielsen@pegallsanderickson.com;
blfefile@thebonglornolawfirm.com; rvsesq23@gmail.com; kwalsh@vdm-law.com; gsuarez@trlallawl.com;
jij@john|julianopc.com; dseiden©blockotoole.com; fjlpc1@optonline.net; d.arntsêa@devittspellmanlaw.com;
William.FerrisIII@suffolkcountyny.gov
Subject: RE: 611214/2015 Suzanne Schulman et al -v. - Ultimate Class Inc. et al
Limousitle,
. To All Counsel:
For it
clarification, is the understanding that any stipulation to be made on this issue would be with allparties t the
action, allPlaintiffs
and Defendants and the non-party Suffolk County DistrictAttorney, ifa stipü:ati0n cannot be
accomplished promptly to the satisfaction of all,then any remaining disagreement should be resolved by motion. In
the meantime, itwould advance the interests of allconcerned in thiscase for those minutes, or portions of the minutes,
, and exhibitsor parts of exhibits that are not in dispute to be provided as required by the court order. (e-document 410).
Allparties to thiscivilaction are participating in e-filing.The Suffolk County DistrictAttorney isencouraged to
participate ine-filingsubmissions in this action as a non-party should motion practice be necessary. See 22 NYCRR §
202.5-6
Thank you, -
Thomas F. Moore
FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 10/18/2018
SUFFOLK COUleyx
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C
N NO. 415 RECEIVED NYSCEF: 10/11/2018
From: Dave Arntsen
Sent: Sunday, October 07, 2018 11:34 AM
To: Thomas Moore
cc: henri.demers adm!aw.com; Neil.Palmiêri@admlaw.com; jparis@parischaikinrom; dkluepfê|@ck|aw.com;
rltdé.::.. |s|sjobs.com; kspellmañ devittspellmanlaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com;
jprisco@travelers.com; ssteiger@travelers.com; Ilucchese@cklaw.com; gnielseñ@pega!!senderickson.com;
bifcfileethebsagicrñolawfirm.com; rvsesq23@gmail.com; kwalsh@vdm-law.com; gsuarez@triallawl.com;
jlj@john!ju!!enopc.com; dseideñ@bicckotoole.com; filpc1@optonline.net; d.arntsen@devittspellmanlaw.com;
William.FerrisIII@suffolkcountyny.gov
611214/2015 Suzanne Schulman et al- v. - Ultimate Class Limousine, inc,et al
Subject: Re:
Mr. Moore,
Thank you for your letter.Please be advised that, on behalf of the Town of Southold, we, too, would liketo be privy to
discussion and review ofproposals from the DistrictAttorney's office, as we have been seeking the same
and part of any
counsel to plaintiffSchulman. I believethat allof the parties to this case should be privy to the
materials as has Indeed,
release of information and documents as we allhave the same need for the information. I write
DA's proposals as to the
your directive seems to limitthe recommended discussions to the plaintiffsand the DistrictAttorney's
only because
speak with astherization of colleagues representing the defendants, I do believe, as noted,
office.Though I do not my
should therefore have and the to make any appropriate motion as
that allparties want the information and input, ability
contemplated inyour letter,should agreement not be reached.
Respectfully,
David H. Amtsen
Devitt Spellman Barrett LLP
50 Route 111
Smithtown, New York 11787
(631)724-8833
Sent from my iPad
Thomas Moore wrote:
On Oct 5, 2018, at 9:34 AM,
Counsel:
September 2018 (e-document 414) from counsel for
The Court has reviewed the letter dated 21,
pertains to the order of the Court served upon the parties
the Estate of Brittñêy Schulman, as
Plaintiff,
D. Siniwith notice of entry dated July 18, 2018
and Suffolk County DistrictAttorney Timothy
non-party
that in with William T. Ferris, Esq.,
Ill, Chief
(e-document 411). Counsel in hisletter advises speaking
has questions concerning what documents the
Assistant to the DistrictAttorney, the DistrictAttorney
release but that the District Attorney would
court's order requires the DistrictAttorney to to Plaintiffs,
to be submitted and agreed upon by allparties.
prepare a stipulation regarding thisdiscovery issue
that has not received the proposed stipulatica and
counsel
Plaintiff's further advises in hisletter he
Assistant DistrictAttorney Elizabeth Miller, Esq.
reqüësts a court conference. The DistrictAttorney by
Att was filinga motion to reargue
had advised the Court that the Dis ict ney contemplating
originally
f tÛt minutes of the grand jury procseding by this
the prior motion that led to the in camero i ec
FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 421
COCHTyx RECEIVED
1
NYSCEF: 10/18/2018
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vi ef e urt e e o on a u ing, C
, Ferrisadvised the court that the DistrictAttorney would not be filingthe motion to reaargue as had
been under consideration. On October 4, 2018 the Court contacted the office of the DistrictAttorney to
obtain the e-mail address for Chief Assistant Ferrisso that allcorrespcñdêhce from the court to the
interested parties could be delivered inthe same manner by e-mail.
* * *
In multiparty litigationitis often L. :dy to obtain stipuletions of allinterested parties,itis forthis
reason the court prefers that If a discovery disagrêërnsnt, or in thiscase the scope and applicabilityof
the court's order, isin dispute and Is notsubject to prompt resolution, then the issues should be
presented in a motion to the court where a complete record is made, allparties can be given fair notice
of the dispute together with an opportunity to be heard. Based upon the feregüing, itisrecommended
that the District Attorney provide a schedule of minutes, or portions of the minutes, and exhibits or
parts of exhibits that he contends are not covered by the order of the court and not subject to release to
the Plaintiffsin thiscivilaction. Ifthe matter is notpromptly resolved to the satisfaction of allparties, .
then the appropriate motion should be filed with the court. .
Thank you,
Thomas F. Moore
Principal Law Clerk to
john H. Rouse, Acting J.S.C.
3
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FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015 NYSCEF FILED: DOC. NO. 421 SUFFOLK COUÑ*PIxsgg12 RECEIVED NYSCEF: as 10/18/2018 NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018 INDEX NO. 611214/2015 SUPREME COURT - STATE OF NEW YORK I.A.S. PART 12 - SUFFOLK COUNTY PRESENT: Hon. John H. Rouse Acting Supreme Court Justice e-filed full participation SUZANNE SCHULMAN AS ADMINISTRATR1X OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA L[PETS, MINDY GRABINA A/O/E AMY GRABINA, AND MlNDY GRABINA, INDIVIDUALLY,, STEVEN BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A CRA1, ARTHUR A BELLI )R AS PARENT AND NATURAL GUARDIAN OF STEPHAN1E BELL1, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLl, Plaintiffs DECISION & ORDER -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A ROYALE LIMOUSINE, XYZ COMPANIES 1-5 NAME BEING F1CTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Defendants TO: BY MAIL TO: JOHN L JULIANO PC HON. TIMOTHY D. SIN1 39 DOYLE CT SUFFOLK COUNTY DISTRICT ATTORNEY E NORTHPORT, NY 11731 BY: W1LLIAM T. FERRIS, III,ESQ. 631-499-9300 CHIEF ASSISTANT TO THE DISTRICT ATTORNEY WILLIAM .I. LINDSAY COUNTY COMPLEX - BLDG. 77 THE BONGIORNO LAW PLLC. FIRM, VETERANS MEMORIAL HIGHWAY 1415 KELLUM PLACE, STE. 205 HAUPPAUGE, NY 11788 GARDEN CITY, NY 11530 631-852-2469 . 516-741-4170 and e-mailto:William.Ferrisill@suffolkcountyny.gov Paáe 1 of 3 1 of 6 FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 10/18/2018 COU1gyxCt15)Eg121 ILED: SUFFOLK 5/2 NYSCEF DOC. NO. 415 RECEIVED NYSCEF.: 10/11/2018 PARIS & CHAIKIN PLC VIGOR)TO, BARKER, 14 PENN PLAZA, SUITE 2000 PORTER & LLP PATTERSON, NEW YORK, NY 10122 300 GARDEN CITY PLZ, STE 308 212-742-0476 GARDEN CITY, NY 11530 516-288-7464 THE LAW OFFICE OF ROBIN V. SINGH, ESQ. P.C. 193-15 HILLSIDE AVENUE AHMUTY DEMERS & MCMANUS HOLLIS, NY 11423 200 I.U. WILLETS RD. 917-923-1646 ALBERTSON, NY 11507 516-294-5433 FRANK J. LAINE, P.C. 449 S OYSTER BAY RD CASCONE & KLUEPFEL, LLP PLAINVlEW, NY 1I803 1399 FRANKLIN AVENUE 516-937-1010 GARDEN CITY, NY 11530 5 l6-747-1990 SULLIVAN, PAPAIN, BLOCK, MCGRATH, CANNAVO, P.C. LEWIS JOHS AVALLONE AVILES, LLP I 140 FRANKLIN AVE., STE 200 ONE CA PLAZA, SUITE 225 GARDEN CITY, NY I1530 ISLANDIA, NY 11749 212-266-4208 631-755-0101 PEGALIS & ERICKSON, LLC DEV1TT SPELLMAN BARRETT, LLP 1 HOLLOW LN, STE 107 50 ROUTE I I1 NEW HYDE PARK, NY 1 1042 SMITHTOWN, NY 11787 516- 684-2900 631-724-8833 LAW OFFICES OF JOSEPH J TOCK HON. DENNIS M. BROWN 963 ROUTE 6 SUFFOLK COUNTY ATTORNEY NY 10541 100 VETERANS MEMORIAL HIGHWAY MAHOPAC, 845-628-8080 HAUPPAUGE, NY 11788 631-853-4055 BLOCK O'TOOLE & MURPHY LLP 1 PENN SUITE 5315 LAW OFFICE OF ANDREA G. SAWYERS PLAZA, NEW NY 10119 PO BOX 9028 YORK, 212-736-5300 MELVELLE, NY 11747 631-501-3077 Upon review of the letter to the Court (e-filed document 414) from counsel for Suzanne Schulman as Administratrix 0.fthe Estate of Brittney M. Schulman, the e-mail correspondence., on October the Answer David H. Arnsten, Esq. On October 7, 2016; and begiññing 5, 2018; by Answer of John L. Esq. on October 9, 2018; the conversation between John L. the Juliano, court's law clerk as described and alle-filed documents 1-414 Juliano, Esq. and this herein; specifically e-documents 373 and 410, itis: including ORDERED upon proper paymeñt the in this action, and within ten days that, by requesting party the date service of notice'of of this decision and order is made upon the Suffolk County of entry the Suffolk District is directed to provide to such party those District Attorney; County Attorney materials this court ordered to be disclosed in the decision and order of the court dated July 17, 2018 (e-filed document number 410); and itis further Page 2 of 3 2 of 6 FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 10/18/2018 /pas FILED: SUFFOLK COU1gpxagg12pg NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018 ORDERED that the parties are directed to complete discovery in this action with the that alacrity isconsonant with the rights of allparties to thisaction; and itis further ORDERED that the Clerk of the Court is directed to e-file together with this decision and order the e-mail correspondence referred to in this decision and order; and itis further ORDERED that the parties, ifthey have not done so already, are directed to review the rules of this part found at: https://www.nycourts.gov/courts/10jd/suffolk/SC Part_Rules/Rouse.pdf DECISION The Court has reviewed the letterfrom counsel for Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman dated September 21, 2018 along with the e-mail correspondence with the court's law clerk which the court clerk will e-file to be kept with the record of these precccdings. Further, counsel for Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman had a conversation with the law clerk this morning, October 10, 2018, wherein procedural concerns for discovery ordered by the court in the decision and order of the obtaining court dated 17, 2018 (e-filed document number 410) were discussed and this present order is July now being issued to address the same. 22 NYCRR § 100.3 (B)(6). Ithas been proposed counsel for Suzanne Schulman as Administratrix of the Estate of by M. Schulman that a stipulation might be made by all parties, Plaintiffs and Defendants, Brittney and that allparties be convened to discuss such a possible stipulation to supplant the prior order this court. In litigation such as itis often unwieldy to obtain stipulations of all of multiparty this, interested and here the court has rendered a decision and issued an order that parties, already provides for disclosure of materials to the litigants in this action. The parties are always chart their own course in the litigation stipulation or other proper means of welcome to by disputes. No however, has been presented to the court for itsconsideration resolving stipulation, alter the substantive rights of the parties to this action. This action was commenced on to and this court has an obligation to insure that is completed so that a October 21, 2015, discovery note issue can be filed and the case tried ifno other disposition is achieved. 22 NYCRR § of the parties are directed to proceed in accordance with the prior orders 100.3 (B)(7). Accordingly, upon default of compliance with the prior orders of the urt, or upon a dispute of the court, and requires the parties are file such motions with urt as ma be necessary and that resolution, permitted by law. Dated: October 10, 2018 JOHN H. ROUS , Actitg J.S.C. NON-FINAL DISPOSITION Page 3 of 3 3 of 6 FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 10/18/2018 FILED: COU1Wyx SUFFOLK agg12g 1 N DOC. NO. 415RECEIVED NYSCEF: 10/11/2018 From: John L. Juliano P.C. Sent: Tuesday, October 2018 1:21 PM 09, To: Thomas Moore Subject: RE: 611214/2015 Suzanne Schulman et al- v.- Ultimate Class Limousine, Inc.et al Dear Mr. Moore: Allcounsel and the DA's Office would like an appearance date before the Court so that the agreed upon stipulation with the DistrictAttorney's Office can be agreed to and a new defendants' Order for the taking of the depositions can also be agreed and filed. Your kind advice isanticipated. John Juliano, Attorney for the Schulmans Law Officesof yoDn 30. gunano, SE. John L. Juliano,ESQ. 39 Doyle Court E. Northport, NY 11731 (631) 499-9300 *'' Fax: (631) 462-2532 From: Thomas Moore [mailto:tmoore1@ñyccüits.gov] Sent: Tuesday, October 09, 2018 9:23 AM . To: Dave Arntsen Cc: henri.demers@admlaw.com; Neil.Palmicri@admlaw.com; jparis@parischalkin.com; dkluepfel@cklaw.com; rkdeviln@iewisjobs.com; kspellmañ@devittspellmanlaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com; jprisco@travelers.com; ssteiger@travelers.com; llucchese@cklaw.com; gnielsen@pegallsanderickson.com; blfefile@thebonglornolawfirm.com; rvsesq23@gmail.com; kwalsh@vdm-law.com; gsuarez@trlallawl.com; jij@john|julianopc.com; dseiden©blockotoole.com; fjlpc1@optonline.net; d.arntsêa@devittspellmanlaw.com; William.FerrisIII@suffolkcountyny.gov Subject: RE: 611214/2015 Suzanne Schulman et al -v. - Ultimate Class Inc. et al Limousitle, . To All Counsel: For it clarification, is the understanding that any stipulation to be made on this issue would be with allparties t the action, allPlaintiffs and Defendants and the non-party Suffolk County DistrictAttorney, ifa stipü:ati0n cannot be accomplished promptly to the satisfaction of all,then any remaining disagreement should be resolved by motion. In the meantime, itwould advance the interests of allconcerned in thiscase for those minutes, or portions of the minutes, , and exhibitsor parts of exhibits that are not in dispute to be provided as required by the court order. (e-document 410). Allparties to thiscivilaction are participating in e-filing.The Suffolk County DistrictAttorney isencouraged to participate ine-filingsubmissions in this action as a non-party should motion practice be necessary. See 22 NYCRR § 202.5-6 Thank you, - Thomas F. Moore FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 10/18/2018 SUFFOLK COUleyx FILED: pg12pg //2pis/2 C N NO. 415 RECEIVED NYSCEF: 10/11/2018 From: Dave Arntsen Sent: Sunday, October 07, 2018 11:34 AM To: Thomas Moore cc: henri.demers adm!aw.com; Neil.Palmiêri@admlaw.com; jparis@parischaikinrom; dkluepfê|@ck|aw.com; rltdé.::.. |s|sjobs.com; kspellmañ devittspellmanlaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com; jprisco@travelers.com; ssteiger@travelers.com; Ilucchese@cklaw.com; gnielseñ@pega!!senderickson.com; bifcfileethebsagicrñolawfirm.com; rvsesq23@gmail.com; kwalsh@vdm-law.com; gsuarez@triallawl.com; jlj@john!ju!!enopc.com; dseideñ@bicckotoole.com; filpc1@optonline.net; d.arntsen@devittspellmanlaw.com; William.FerrisIII@suffolkcountyny.gov 611214/2015 Suzanne Schulman et al- v. - Ultimate Class Limousine, inc,et al Subject: Re: Mr. Moore, Thank you for your letter.Please be advised that, on behalf of the Town of Southold, we, too, would liketo be privy to discussion and review ofproposals from the DistrictAttorney's office, as we have been seeking the same and part of any counsel to plaintiffSchulman. I believethat allof the parties to this case should be privy to the materials as has Indeed, release of information and documents as we allhave the same need for the information. I write DA's proposals as to the your directive seems to limitthe recommended discussions to the plaintiffsand the DistrictAttorney's only because speak with astherization of colleagues representing the defendants, I do believe, as noted, office.Though I do not my should therefore have and the to make any appropriate motion as that allparties want the information and input, ability contemplated inyour letter,should agreement not be reached. Respectfully, David H. Amtsen Devitt Spellman Barrett LLP 50 Route 111 Smithtown, New York 11787 (631)724-8833 Sent from my iPad Thomas Moore wrote: On Oct 5, 2018, at 9:34 AM, Counsel: September 2018 (e-document 414) from counsel for The Court has reviewed the letter dated 21, pertains to the order of the Court served upon the parties the Estate of Brittñêy Schulman, as Plaintiff, D. Siniwith notice of entry dated July 18, 2018 and Suffolk County DistrictAttorney Timothy non-party that in with William T. Ferris, Esq., Ill, Chief (e-document 411). Counsel in hisletter advises speaking has questions concerning what documents the Assistant to the DistrictAttorney, the DistrictAttorney release but that the District Attorney would court's order requires the DistrictAttorney to to Plaintiffs, to be submitted and agreed upon by allparties. prepare a stipulation regarding thisdiscovery issue that has not received the proposed stipulatica and counsel Plaintiff's further advises in hisletter he Assistant DistrictAttorney Elizabeth Miller, Esq. reqüësts a court conference. The DistrictAttorney by Att was filinga motion to reargue had advised the Court that the Dis ict ney contemplating originally f tÛt minutes of the grand jury procseding by this the prior motion that led to the in camero i ec FILED: SUFFOLK COUNTY CLERK 10/18/2018 11:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 421 COCHTyx RECEIVED 1 NYSCEF: 10/18/2018 FILED: SUFFOLK vi ef e urt e e o on a u ing, C , Ferrisadvised the court that the DistrictAttorney would not be filingthe motion to reaargue as had been under consideration. On October 4, 2018 the Court contacted the office of the DistrictAttorney to obtain the e-mail address for Chief Assistant Ferrisso that allcorrespcñdêhce from the court to the interested parties could be delivered inthe same manner by e-mail. * * * In multiparty litigationitis often L. :dy to obtain stipuletions of allinterested parties,itis forthis reason the court prefers that If a discovery disagrêërnsnt, or in thiscase the scope and applicabilityof the court's order, isin dispute and Is notsubject to prompt resolution, then the issues should be presented in a motion to the court where a complete record is made, allparties can be given fair notice of the dispute together with an opportunity to be heard. Based upon the feregüing, itisrecommended that the District Attorney provide a schedule of minutes, or portions of the minutes, and exhibits or parts of exhibits that he contends are not covered by the order of the court and not subject to release to the Plaintiffsin thiscivilaction. Ifthe matter is notpromptly resolved to the satisfaction of allparties, . then the appropriate motion should be filed with the court. . Thank you, Thomas F. Moore Principal Law Clerk to john H. Rouse, Acting J.S.C. 3 6 of 6