On June 18, 2020 a
No Value
was filed
involving a dispute between
Hannah Kim,
and
Carol Grajeda
In Her Individual Capacity,
Rita Masino
In Her Individual Capacity,
White & Case, Llp,
for Other Matters - Contract - Other
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/05/2022 12:46 PM INDEX NO. 154446/2020
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 04/05/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
HANNAH KIM, Index No. 154446/2020
Plaintiff,
- against - AFFIRMATION OF KARA
MILLER IN SUPPORT OF
WHITE & CASE, LLP, CAROL GRAJEDA, in her PLAINTIFF’S ORDER TO
individual capacity, and RITA MASINO, in her individual SHOW CAUSE TO QUASH
capacity AND FOR A PROTECTIVE
ORDER
Defendants.
Kara Miller, an attorney duly admitted to practice law in the State of New York, hereby
affirms under the penalties of perjury that:
1. I am a partner of the law firm Virginia & Ambinder, LLP (“V&A”), counsel to
Plaintiff in this action.
2. I submit this affirmation in support of Plaintiff’s Application for an Order Quashing
Defendants’ Subpoena Duces Tecum to American Express pursuant to CPLR § 2304, for a
Protective Order Pursuant to CPLR § 3103(a), and for an award of actual expenses and reasonable
attorney’s fees related to this motion pursuant to Rule 130.
3. Defendants’ subpoena, along with Plaintiff’s objections, are annexed hereto as
Exhibit A.
4. The parties attended a case management conference on March 30, 2022 at 10 a.m.
with Ms. Malik, the Court’s Principal Law Clerk. Although I did not yet have a copy of
Defendants’ subpoena, Defendants’ counsel had stated they would be serving one on American
Express and another financial institution during our meet and confer the day before. The subpoena
was discussed during the case management conference, during which Defendants’ counsel claimed
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FILED: NEW YORK COUNTY CLERK 04/05/2022 12:46 PM INDEX NO. 154446/2020
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 04/05/2022
to have recently discovered alteration of a credit card receipt as part of their ongoing efforts in this
litigation. I requested that the subpoena not be served because Plaintiff would be filing a motion
to quash. Defendants’ counsel stated in part that they could not cooperate with that request because
it had already been served. Later that afternoon, Defendants’ counsel provided me with a copy of
the subpoena.
5. This Court’s February 16, 29021 Order quashing Defendants’ first subpoena to
Plaintiff’s current employer is attached hereto as Exhibit B.
6. This Court’s December 21, 2021 Order quashing Defendants’ second subpoena to
Plaintiff’s current employer and granting a protective order is attached hereto as Exhibit C.
7. A copy of Plaintiff’s 2021 W-2 Form was produced to Defendants on March 21,
2022.
8. Relevant excerpts from Plaintiff Hannah Kim’s deposition are annexed hereto as
Exhibit D.
9. Relevant excerpts from Defendant Carol Grajeda’s deposition are annexed hereto
as Exhibit E.
WHEREFORE, Plaintiff respectfully requests that the Court issue an Order: (i) quashing
Defendants’ subpoena pursuant to CPLR § 2304; (ii) granting Plaintiff’s motion for a Protective
Order pursuant to CPLR § 3103(a); (iii)granting an award of actual expenses and reasonable
attorney’s fees related to this motion pursuant to Rule 130; and (iv) together with such other and
further relief as the Court deems necessary.
Dated: New York, New York
April 5, 2022
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FILED: NEW YORK COUNTY CLERK 04/05/2022 12:46 PM INDEX NO. 154446/2020
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 04/05/2022
/s/ Kara Miller
Kara Miller
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, New York 10004
Tel: (212) 943-9080
Kmiller@vandallp.com
Attorneys for Plaintiff
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Document Filed Date
April 05, 2022
Case Filing Date
June 18, 2020
Category
Other Matters - Contract - Other
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FILED: NEW YORK COUNTY CLERK 04/05/2022 12:46 PM INDEX NO. 154446/2020 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 04/05/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HANNAH KIM, Index No. 154446/2020 Plaintiff, - against - AFFIRMATION OF KARA MILLER IN SUPPORT OF WHITE & CASE, LLP, CAROL GRAJEDA, in her PLAINTIFF’S ORDER TO individual capacity, and RITA MASINO, in her individual SHOW CAUSE TO QUASH capacity AND FOR A PROTECTIVE ORDER Defendants. Kara Miller, an attorney duly admitted to practice law in the State of New York, hereby affirms under the penalties of perjury that: 1. I am a partner of the law firm Virginia & Ambinder, LLP (“V&A”), counsel to Plaintiff in this action. 2. I submit this affirmation in support of Plaintiff’s Application for an Order Quashing Defendants’ Subpoena Duces Tecum to American Express pursuant to CPLR § 2304, for a Protective Order Pursuant to CPLR § 3103(a), and for an award of actual expenses and reasonable attorney’s fees related to this motion pursuant to Rule 130. 3. Defendants’ subpoena, along with Plaintiff’s objections, are annexed hereto as Exhibit A. 4. The parties attended a case management conference on March 30, 2022 at 10 a.m. with Ms. Malik, the Court’s Principal Law Clerk. Although I did not yet have a copy of Defendants’ subpoena, Defendants’ counsel had stated they would be serving one on American Express and another financial institution during our meet and confer the day before. The subpoena was discussed during the case management conference, during which Defendants’ counsel claimed 1 of 3 FILED: NEW YORK COUNTY CLERK 04/05/2022 12:46 PM INDEX NO. 154446/2020 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 04/05/2022 to have recently discovered alteration of a credit card receipt as part of their ongoing efforts in this litigation. I requested that the subpoena not be served because Plaintiff would be filing a motion to quash. Defendants’ counsel stated in part that they could not cooperate with that request because it had already been served. Later that afternoon, Defendants’ counsel provided me with a copy of the subpoena. 5. This Court’s February 16, 29021 Order quashing Defendants’ first subpoena to Plaintiff’s current employer is attached hereto as Exhibit B. 6. This Court’s December 21, 2021 Order quashing Defendants’ second subpoena to Plaintiff’s current employer and granting a protective order is attached hereto as Exhibit C. 7. A copy of Plaintiff’s 2021 W-2 Form was produced to Defendants on March 21, 2022. 8. Relevant excerpts from Plaintiff Hannah Kim’s deposition are annexed hereto as Exhibit D. 9. Relevant excerpts from Defendant Carol Grajeda’s deposition are annexed hereto as Exhibit E. WHEREFORE, Plaintiff respectfully requests that the Court issue an Order: (i) quashing Defendants’ subpoena pursuant to CPLR § 2304; (ii) granting Plaintiff’s motion for a Protective Order pursuant to CPLR § 3103(a); (iii)granting an award of actual expenses and reasonable attorney’s fees related to this motion pursuant to Rule 130; and (iv) together with such other and further relief as the Court deems necessary. Dated: New York, New York April 5, 2022 -2- 2 of 3 FILED: NEW YORK COUNTY CLERK 04/05/2022 12:46 PM INDEX NO. 154446/2020 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 04/05/2022 /s/ Kara Miller Kara Miller VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th Floor New York, New York 10004 Tel: (212) 943-9080 Kmiller@vandallp.com Attorneys for Plaintiff -3- 3 of 3