Preview
FILED: RICHMOND COUNTY CLERK 06/23/2017 11:24 AM INDEX NO. 151771/2016
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017
SUPREME COURT OF THE STATE OF NEW YORK
COTINTY OF RICHMOND
-----x
ACE W{RE & CABLE CO., INC.
II\IDEX NO. 15 L77UTArc
Plaintiff
-against- DEMAND FOR
DISCO}iERY AND
WALSH ELECTRICAI CONTRACTING, INC. ; INSPECTION
JOHN/JANE DOES 1- 10 (fictitious namos being
the persons intended); and ABC CORPORATIONS
1-10 (fictitious names being the entities intended),
::_T:1i1.""
PLEASE TAKE NOTICE, that the undersigned demands that you produce or
permit inspection by the attorneys for Plaintiff, Ace Wire & Cable Co., Inc., (hereinafter,
"Plaintiff' or "Aca"), the following documents, statements and things for inspection at
the offices of Nord & DeMaio, 190 u.s. Highway 18, Suite 201, East Brunswick New
Jersey 08815, within twenty (20) days after receipt olthis notice.
DEFINITIONS
The following definitions apply to the within Demand for Production of
Documents:
A. "Document" means any writteq recorded or graphic matter, whether
produced, reproduced or stored on paper, cards, tapes, film, electronic facsimile, computer
storage devices ar arty other media and includes, but is not limited to, originals, copies (with
or without notes or changes thereon) and drafls, including but not limited to: papers, books,
letters, photographs, objects, tangible things, correspondence, telegrams, e-mails, cables,
telex messages, memoranda, notes, notations, wcrk papers, transcripts, minutes, reports and
recordings oftelephone or other conversations or of interviews, or of conferences or of other
meetings, affldavits, statements, summaries, opinions, reports, studies, analyses,
evaluations, contracts, agreements, jourrals, statisticalrecords, desk calendars, appointment
books, diaries, lists, tabulations, summaries, sound recordings, computer printouts, data
processing input and output, microfilms, all other records kept by electronic, photographic
or mechanical means, and things similar to any of the foregoing, however denominated.
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017
B. "You" andlot "your" means the party required to produce documents
pursuant to this Request, as well as any of its agents, servants, employees, etc. or any other
person or entity who acts or has acted for, by, tkough or on behalf of said party.
rrAnd"
C. means atdlor; "Or" means andlar.
D. "Person" means any individual, association, public or private organizationor
institution, partnership, corporation or other entity.
INSTRUCTIONS
A. If you withhold from production any documents the praduction of which is
called fbr by any of these document requests on the ground of attomeylclientprivilege, work
product protection or any other privilege or similar ground, state separately for each
docurnent so withheld the date, the type of docurnent (e.g., letter, memorandum, minutes,
etc.), number ofpages in the document, the author(s), the addressee(s), any other recipient(s)
shown on the face of the document, and a brief general description of the zubject matter of
each such docurnent, all with sufficient particularity znd detail so as to permit the Court to
adjudicate the validity ofthe claim of privilege or other ground fcr non-production.
B. The singular includes the plural, the plural includes the singular; the
masculine includes the feminine and neuter, the neuter includes the masculine and feminine;
the feminine includes the masculine and neuter.
C. You are to produce any document, as defined above, which is relevant or
pertains to any request for documents and which is in your possession, custody, control or
otherwise available to you, in that it may be right, request or other-wise be brought into your
possession, custody or control without the need to issue a subpoena.
D. In the event that any document called for by this request has been destroyed
or discarded or otherwise disposed o{ such document is to be identified as completely as
possible, including, without limitation, the date of the document, the type of document,
author(s), addressee(s), subject matter ofthe document, date ofdisposal, reason for disposal,
person(s) authorrzingthe disposal and person(s) disposing ofthe document.
E. In the event that any document called for by this Request was at one time
known to exist but, as of the date of production, has been lost or is otherwise not locatable
or producible, such document is to be identified as completely as possible, including, without
limitation, the date of the document, the type of document, the author(s), addressee(s),
subject maffer, the last date on which such document was known to exist and the reason that
such document cannot now be fbund or produced.
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017
F. Unless otherwise specified herein, you are to produce any document request
which had been prepared, transmified, dated, received or otherwise in your possession or in
possession of any of your agents, servants, employees or representatives from the date of
Plaintiffs' first contact with Defendant to the date of production.
G. These document requests shall be deemed continuing so as to require
supplemental production in the event you receive or generate additional documents called
for in these requests between the time of original production and the time of trial.
H. If you do not understand a Request in whole or in part or are unsure of the
meaning of a term, phrase or word used therein, explain what about the Request you do not
understand and provide your response to it to the fullest exlent possible alternatively, identif,i
the term, phrase or word whose meaning is unclear to you, provide the meaning you attach
to said term, phrase or word, and provide your response to the Request using your meaning.
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DEMANDS FOR PRODUCTION
1. Pursuant to CPLR 3101(e), provide true and complete copies of all
documents, writings, agreements or memos, executed by Plaintiff and/or by Walsh
Electncal that is in any way related to the subject matter of this litigation.
2. Provide true and complete copies of all documents demonstrating orders
for materials placed by Walsh Electrical to Plaintiff during the period between December
2Al5 and September 2A16.
3. Provide true and complete copies of ali documents demonstrating all
materials received by Walsh Electrical in response to orders placed by Walsh Electrical
to Plaintiff during the period between lvne 2A16 and lanuary zAfi .
4. Provide true and complete copies of all documents evidencing any and all
returns of Plaintiff s materials or goods tendered by Walsh Electrical.
5. Provide true and complete copies of all documents evidencing any and all
rejections of Plaintiff s materials or goods made by Walsh Electrical.
6. Provide true and complete copies of all documents evidencing Walsh
Electrical's objections to Flaintiff s invoices during the period between lune 2A16 and
Ianuary 2017.
7. Provide true and complete copies of all documents evidencing Walsh
Electrical's objection(s) to allegedly being over-billed by Plaintiff during the period
between June 2016 and lanuarv ZAfi .
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8. Provide true and complete copies of all docurnents evidencing any and all
payments on Walsh Electrical's account with Plaintiff during the period between June
2016 and January 2AT7.
Provide all QuickBooks, (or any other accounting software utilized by
Walsh Electrical to manage their books and records\ datatn drgrtal format, reflecting all
business transactions with Plaintiff between Jwe 2016 and January 2Al7 .
10. Frovide true and complete copies of any and all documentation in your
possession or control that you referred to or otherwise relied upon in your answers to
Plaintiff s First Set of Interrogatories to Defendant.
11. Provide true and complete copies of any and all documentation in your
possession or control, in addition to the documents referred to in your answers to
Plaintiff s, First Set of Interrogatories to Defendantthat is in any way related to the
subject matter of this litigation.
Dated: New York, New York
June 23" 2Al7
Attorneys for Plaintiff
315 Madison Ave., FL 3, PMB ffiA64
New York, NY 10036
(732) 214-0303
TO: GOETZ FTTZP ATRICK LLP
Joshua G. Oberman
One Penn Plaza, Suite 3100
New York, New York 10119
(212) 69s-8100
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Preview
FILED: RICHMOND COUNTY CLERK 06/23/2017 11:24 AM INDEX NO. 151771/2016 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017 SUPREME COURT OF THE STATE OF NEW YORK COTINTY OF RICHMOND -----x ACE W{RE & CABLE CO., INC. II\IDEX NO. 15 L77UTArc Plaintiff -against- DEMAND FOR DISCO}iERY AND WALSH ELECTRICAI CONTRACTING, INC. ; INSPECTION JOHN/JANE DOES 1- 10 (fictitious namos being the persons intended); and ABC CORPORATIONS 1-10 (fictitious names being the entities intended), ::_T:1i1."" PLEASE TAKE NOTICE, that the undersigned demands that you produce or permit inspection by the attorneys for Plaintiff, Ace Wire & Cable Co., Inc., (hereinafter, "Plaintiff' or "Aca"), the following documents, statements and things for inspection at the offices of Nord & DeMaio, 190 u.s. Highway 18, Suite 201, East Brunswick New Jersey 08815, within twenty (20) days after receipt olthis notice. DEFINITIONS The following definitions apply to the within Demand for Production of Documents: A. "Document" means any writteq recorded or graphic matter, whether produced, reproduced or stored on paper, cards, tapes, film, electronic facsimile, computer storage devices ar arty other media and includes, but is not limited to, originals, copies (with or without notes or changes thereon) and drafls, including but not limited to: papers, books, letters, photographs, objects, tangible things, correspondence, telegrams, e-mails, cables, telex messages, memoranda, notes, notations, wcrk papers, transcripts, minutes, reports and recordings oftelephone or other conversations or of interviews, or of conferences or of other meetings, affldavits, statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, jourrals, statisticalrecords, desk calendars, appointment books, diaries, lists, tabulations, summaries, sound recordings, computer printouts, data processing input and output, microfilms, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing, however denominated. 1 1 of 5 FILED: RICHMOND COUNTY CLERK 06/23/2017 11:24 AM INDEX NO. 151771/2016 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017 B. "You" andlot "your" means the party required to produce documents pursuant to this Request, as well as any of its agents, servants, employees, etc. or any other person or entity who acts or has acted for, by, tkough or on behalf of said party. rrAnd" C. means atdlor; "Or" means andlar. D. "Person" means any individual, association, public or private organizationor institution, partnership, corporation or other entity. INSTRUCTIONS A. If you withhold from production any documents the praduction of which is called fbr by any of these document requests on the ground of attomeylclientprivilege, work product protection or any other privilege or similar ground, state separately for each docurnent so withheld the date, the type of docurnent (e.g., letter, memorandum, minutes, etc.), number ofpages in the document, the author(s), the addressee(s), any other recipient(s) shown on the face of the document, and a brief general description of the zubject matter of each such docurnent, all with sufficient particularity znd detail so as to permit the Court to adjudicate the validity ofthe claim of privilege or other ground fcr non-production. B. The singular includes the plural, the plural includes the singular; the masculine includes the feminine and neuter, the neuter includes the masculine and feminine; the feminine includes the masculine and neuter. C. You are to produce any document, as defined above, which is relevant or pertains to any request for documents and which is in your possession, custody, control or otherwise available to you, in that it may be right, request or other-wise be brought into your possession, custody or control without the need to issue a subpoena. D. In the event that any document called for by this request has been destroyed or discarded or otherwise disposed o{ such document is to be identified as completely as possible, including, without limitation, the date of the document, the type of document, author(s), addressee(s), subject matter ofthe document, date ofdisposal, reason for disposal, person(s) authorrzingthe disposal and person(s) disposing ofthe document. E. In the event that any document called for by this Request was at one time known to exist but, as of the date of production, has been lost or is otherwise not locatable or producible, such document is to be identified as completely as possible, including, without limitation, the date of the document, the type of document, the author(s), addressee(s), subject maffer, the last date on which such document was known to exist and the reason that such document cannot now be fbund or produced. 2 2 of 5 FILED: RICHMOND COUNTY CLERK 06/23/2017 11:24 AM INDEX NO. 151771/2016 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017 F. Unless otherwise specified herein, you are to produce any document request which had been prepared, transmified, dated, received or otherwise in your possession or in possession of any of your agents, servants, employees or representatives from the date of Plaintiffs' first contact with Defendant to the date of production. G. These document requests shall be deemed continuing so as to require supplemental production in the event you receive or generate additional documents called for in these requests between the time of original production and the time of trial. H. If you do not understand a Request in whole or in part or are unsure of the meaning of a term, phrase or word used therein, explain what about the Request you do not understand and provide your response to it to the fullest exlent possible alternatively, identif,i the term, phrase or word whose meaning is unclear to you, provide the meaning you attach to said term, phrase or word, and provide your response to the Request using your meaning. 3 of 5 FILED: RICHMOND COUNTY CLERK 06/23/2017 11:24 AM INDEX NO. 151771/2016 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017 DEMANDS FOR PRODUCTION 1. Pursuant to CPLR 3101(e), provide true and complete copies of all documents, writings, agreements or memos, executed by Plaintiff and/or by Walsh Electncal that is in any way related to the subject matter of this litigation. 2. Provide true and complete copies of all documents demonstrating orders for materials placed by Walsh Electrical to Plaintiff during the period between December 2Al5 and September 2A16. 3. Provide true and complete copies of ali documents demonstrating all materials received by Walsh Electrical in response to orders placed by Walsh Electrical to Plaintiff during the period between lvne 2A16 and lanuary zAfi . 4. Provide true and complete copies of all documents evidencing any and all returns of Plaintiff s materials or goods tendered by Walsh Electrical. 5. Provide true and complete copies of all documents evidencing any and all rejections of Plaintiff s materials or goods made by Walsh Electrical. 6. Provide true and complete copies of all documents evidencing Walsh Electrical's objections to Flaintiff s invoices during the period between lune 2A16 and Ianuary 2017. 7. Provide true and complete copies of all documents evidencing Walsh Electrical's objection(s) to allegedly being over-billed by Plaintiff during the period between June 2016 and lanuarv ZAfi . 4 of 5 FILED: RICHMOND COUNTY CLERK 06/23/2017 11:24 AM INDEX NO. 151771/2016 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/23/2017 8. Provide true and complete copies of all docurnents evidencing any and all payments on Walsh Electrical's account with Plaintiff during the period between June 2016 and January 2AT7. Provide all QuickBooks, (or any other accounting software utilized by Walsh Electrical to manage their books and records\ datatn drgrtal format, reflecting all business transactions with Plaintiff between Jwe 2016 and January 2Al7 . 10. Frovide true and complete copies of any and all documentation in your possession or control that you referred to or otherwise relied upon in your answers to Plaintiff s First Set of Interrogatories to Defendant. 11. Provide true and complete copies of any and all documentation in your possession or control, in addition to the documents referred to in your answers to Plaintiff s, First Set of Interrogatories to Defendantthat is in any way related to the subject matter of this litigation. Dated: New York, New York June 23" 2Al7 Attorneys for Plaintiff 315 Madison Ave., FL 3, PMB ffiA64 New York, NY 10036 (732) 214-0303 TO: GOETZ FTTZP ATRICK LLP Joshua G. Oberman One Penn Plaza, Suite 3100 New York, New York 10119 (212) 69s-8100 5 of 5