On November 13, 2018 a
No Value
was filed
involving a dispute between
Individually And On Behalf Of All Other Persons Similarly Situated,
Lange Campbell,
and
Donald Berger,
New York Boiler, Inc,
Richard Berger,
for Other Matters - Contract - Other
in the District Court of New York County.
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(FILED: NEW YORK COUNTY CLERK 02/27/2023 02:55 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 83 . + RECEIVED NYSCEF: 02/27/2023
At IAS Part 23 of the Supreme Court
of the State of New York, held in and
for the County of New York at the
aK ——Constiouse_lgeted at -60-Cemre: 7 (
Street, Room , New York New
York on the 27 day of Foor.
Ere Schrumasher 202.2.
o> PRESENT: HON. “WEPRANG-PERRYTIS.C, ct ne
Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LANGE CAMPBELL, individually and on behalf of | Index No.: 160513/2018
all other persons similarly situated,
Plaintiffs,
-against- ORDER TO SHOW CAUSE
NEW YORK BOILER, INC., RICHARD BERGER MS*>
and DONALD BERGER,
Defendants.
v
UPON reading and filing the annexed Affirmation of Lloyd Ambinder, swor to on
Jv LET
February 15, 2023, and upon all prior papers and proceedings herein, Defendants NEW YORK
BOILER, INC., RICHARD BERGER and DONALD BERGER, and/or any other related or
affiliated entities (collectively “Defendants”) show cause at 1.A.S. Part 23, before the Honorable
Bre Sdumider
W-Frane-Perry, J.S.C. thereof, at the Supreme Court of the State of New York, County of New
WThomws 2 0
York, at the Courthouse located at 69-Centre Street, New York, New York, on the day of
Moscl~ , 2023 at 4:30 o .m, of that day, or as soon thereafter as Counsel may be heard,
why an Order should not be made and entered: (1) approving the Settlement Agreement and
Release (the “Agreement”), (ii) certifying the Class for settlement purposes, (iii) directing the
Parties to effectuate the terms of the Agreement in accordance with its. terms and conditions, (iv)
dismissing this action against Defendants with prejudice, and (v) for such other and further relief
as the Court deems just and proper.
1 of 2
Themes,(FILED: NEW YORK COUNTY CLERK 02/27/2023 02:55 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 83 ' ' RECEIVED NYSCEF: 02/27/2023
Sufficient cause being alleged therefore, it is ordered that all papers upon which it is based
be served by Plaintiffs’ counsel upon the counsel for Defendants by NYS ECF,~enrait-and-
ooo” Senred
on or before the oR fe ee
whee e ofe od oe oo
ego SE a AE gi
)
Shulation moton is uns eect
mM the ollecnatice cohlb Bier. CoMK
. TIE
Horn Eee SclumnthersISC
“Tutec Mo, 1L0St3] 9016
2 of 2
Document Filed Date
February 27, 2023
Case Filing Date
November 13, 2018
Category
Other Matters - Contract - Other
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(FILED: NEW YORK COUNTY CLERK 02/27/2023 02:55 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 83 . + RECEIVED NYSCEF: 02/27/2023 At IAS Part 23 of the Supreme Court of the State of New York, held in and for the County of New York at the aK ——Constiouse_lgeted at -60-Cemre: 7 ( Street, Room , New York New York on the 27 day of Foor. Ere Schrumasher 202.2. o> PRESENT: HON. “WEPRANG-PERRYTIS.C, ct ne Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LANGE CAMPBELL, individually and on behalf of | Index No.: 160513/2018 all other persons similarly situated, Plaintiffs, -against- ORDER TO SHOW CAUSE NEW YORK BOILER, INC., RICHARD BERGER MS*> and DONALD BERGER, Defendants. v UPON reading and filing the annexed Affirmation of Lloyd Ambinder, swor to on Jv LET February 15, 2023, and upon all prior papers and proceedings herein, Defendants NEW YORK BOILER, INC., RICHARD BERGER and DONALD BERGER, and/or any other related or affiliated entities (collectively “Defendants”) show cause at 1.A.S. Part 23, before the Honorable Bre Sdumider W-Frane-Perry, J.S.C. thereof, at the Supreme Court of the State of New York, County of New WThomws 2 0 York, at the Courthouse located at 69-Centre Street, New York, New York, on the day of Moscl~ , 2023 at 4:30 o .m, of that day, or as soon thereafter as Counsel may be heard, why an Order should not be made and entered: (1) approving the Settlement Agreement and Release (the “Agreement”), (ii) certifying the Class for settlement purposes, (iii) directing the Parties to effectuate the terms of the Agreement in accordance with its. terms and conditions, (iv) dismissing this action against Defendants with prejudice, and (v) for such other and further relief as the Court deems just and proper. 1 of 2 Themes,(FILED: NEW YORK COUNTY CLERK 02/27/2023 02:55 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 83 ' ' RECEIVED NYSCEF: 02/27/2023 Sufficient cause being alleged therefore, it is ordered that all papers upon which it is based be served by Plaintiffs’ counsel upon the counsel for Defendants by NYS ECF,~enrait-and- ooo” Senred on or before the oR fe ee whee e ofe od oe oo ego SE a AE gi ) Shulation moton is uns eect mM the ollecnatice cohlb Bier. CoMK . TIE Horn Eee SclumnthersISC “Tutec Mo, 1L0St3] 9016 2 of 2