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IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
CIVIL DIVISION
H.C. PODY COMPANY
Plaintiff,
No. CV-2021-003239
V.
M3P PARTNERS, LLC
JURY TRIAL DEMANDED
Defendants.
ORDER
AND NOW, on this day of , 2022, upon consideration of Defendant
M3P Partners, LLC’s Motion to Stay Action, and any response thereto, it is hereby ORDERED
and DECREED that said Motion is hereby GRANTED.
It is further ORDERED and DECREED that this action is hereby STAYED pending
arbitration of the claims between H.C. Pody Company and M3P Partners, LLC in accordance
with the American Arbitration Association’s Construction Industry Arbitration Rules.
BY THE COURT:
DAVIS BUCCO & MAKARA
By: Paul Bucco, Esquire
Patrick Blair, Esquire
10 E. 6" Ave., Suite 100
Conshohocken, PA 19428
(610) 238-0880
(610) 238-0244 (fax)
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
CIVIL DIVISION
H.C. PODY COMPANY
Plaintiff,
No. CV-2021-003239
V.
M3P PARTNERS, LLC
JURY TRIAL DEMANDED
Defendants.
DEFENDANT M3P PARTNERS. LLC’S MOTION FOR STAY OF ACTION
Defendant, M3P Partners, LLC (“M3P), by and through its undersigned counsel, Davis
Bucco & Makara, hereby moves for an Order staying the above captioned civil action, as well as
the related matters, and in support thereof avers as follows:
1 This matter was initiated by a Writ of Summons filed on or about April 5, 2021,
and thereafter filed a Complaint.
2 On April 16, 2021, M3P filed a separate Complaint against H.C. Pody Company
(“Pody”) under Case No. CV-2021-003606.
3 Both actions relate to a construction project located at 427 Lancaster Avenue,
Wayne, Pennsylvania, 19087 (the “Project”).
4 On or about July 15, 2021, Pody filed a Motion to Consolidate these two matters
with a Mechanics Lien which Pody had filed for this Project under Case No. CV-2021-004042.
M3P does not know if these matters were ever officially consolidated.
5 On or about March 9, 2022, M3P filed a Demand for Arbitration against the
architect at the Project, Jeffrey A. Borges-Martin, and his firm JTA Associates, Inc.
6. H.C. Pody subsequently agreed to join the arbitration between M3P, Jeffrey A.
Borges-Martin and JTA Associates, Inc.
7
H.C. Pody is now fully participating in the AAA arbitration and all disputes
between the parties related to the Project are in front of AAA arbitrator.
8 For instance, a preliminary hearing was held by AAA onor about August 5, 2022
The report of the Preliminary Hearing states “Appearing at the hearing were John Dorsey, Davis
Bucco Makara & Dorsey, for M3P Partners, LLC; Nick Poduslenko, Obermeyer LLP, for JTA
Associates, Inc.; and, Matthew Skaroff
of Cohen Seglias Pallas Greenhall & Furman, PC for
H.C. Pody Company.” A trueand correct copy of the Report of Preliminary Hearing and
Scheduling Order is attached hereto as Exhibit “A.”
9. The Preliminary Report and Scheduling Order further states that “Within 21 days
M3P Partners, JTA Associates, Inc. and H.C. Pody Company shall each provide a detailed
statement of damages to the Arbitrator and each other party.” Id. The statement further requires
that within 45 days the parties “shall serve on one another and furnish to the Arbitrator the
disclosure of its ‘affirmative experts.’ The disclosures are to include the full names of each fact
and expert witness.” Id.
10. Pody complied with the AAA Scheduling Order and, on or about September 19,
2022, disclosed to the Arbitrator and the other parties its affirmative expert which it intends to
rely on during the arbitration. A true and correct copy of H.C. Pody’s 9/19/22 correspondence is
attached hereto as Exhibit “B.”
11. These documents show that H.C. Pody has consented to jurisdiction of AAA for
all issues related to the Project and is actively and fully participating in the AAA arbitration.
12. “An action or proceeding, allegedly involving an issue subject to arbitration, shall
be stayed if...an application for such an order has been made under this section.” See, 42 Pa.
Cons. Stat. Ann. § 7304
13. As such M3P respectfully requests this matter be stayed while the parties arbitrate
all issues and disputes related to the Project.
WHEREFORE, Defendant M3P Partners, LLC, respectfully requests that this Court stay
this matter so that the parties can arbitrate the claims between H.C. Pody Company and M3P
Partners, LLC in accordance with the American Arbitration Association’s Construction Industry
Arbitration Rules
DAVIS BUCCO & MAKARA
By: [el Patrich MU. Blac
Paul A. Bucco, Esquire
Patrick M. Blair, Esquire
Attorneys for M3P Partners, LLC
Dated: November 10, 2022
DAVIS BUCCO & MAKARA
By: Paul Bucco, Esquire
Patrick Blair, Esquire
10 E. 6" Ave., Suite 100
Conshohocken, PA 19428
(610) 238-0880
(610) 238-0244 (fax)
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
CIVIL DIVISION
H.C. PODY COMPANY
Plaintiff,
No. CV-2021-003239
V.
M3P PARTNERS, LLC
JURY TRIAL DEMANDED
Defendants.
M3P PARTNERS, LLC BRIEF IN SUPPORT OF ITS MOTION TO STAY
Defendant, M3P Partners, LLC (“M3P”), by and through its undersigned counsel Davis
Bucco & Makara, hereby submits this:brief in support of its Motion to Compel Production of
Documents.
I STATEMENT OF QUESTION INVOLVED
Whether this matter, as well as the related matters, should be stayed as all parties have
submitted to the jurisdiction of AAA and are fully participating in the arbitration?
Suggested Answer: Yes
IL. ARGUMENT
“An action or proceeding, allegedly involving an issue subject to arbitration, shall be
stayed if...an application for such an order has been made under this section.” See, 42 Pa. Cons.
Stat. Ann. § 7304.
This matter was initiated by a Writ of Summons filed on or about April 5, 2021, and
thereafter filed a Complaint. On April 16, 2021, M3P filed a separate Complaint against H.C.
Pody Company under Case No. CV-2021-003606. Both actions relate to a construction project
located at 427 Lancaster Avenue, Wayne, Pennsylvania, 19087 (the “Project”). On or about July
15, 2021, H.C. Pody filed a Motion to Consolidate these two matters with a Mechanics Lien that
H.C. Pody had also filed for this Project under Case No. CV-2021-004042. M3P does not know
if these matters were ever officially consolidated.
On or about March 9, 2022, M3P filed a Demand for Arbitration against the architect at
the Project, Jeffrey A. Borges-Martin, and his firm JTA Associates, Inc. H.C. Pody subsequently
agreed to join the arbitration between M3P, Jeffrey A. Borges-Martin and JTA Associates, Inc.
H.C. Pody is now fully participating in the AAA arbitration and all disputes between the parties
related to the Project are in front of AAA.
For instance, a preliminary hearing by AAA was held on or about August 5, 2022. The
Preliminary Report and Scheduling Order states “Appearing at the hearing were John Dorsey,
Davis Bucco Makara & Dorsey, for M3P Partners, LLC; Nick Poduslenko, Obermeyer LLP, for
JTA Associates, Inc.; and, Matthew Skaroff of Cohen Seglias Pallas Greenhall & Furman, PC for
H.C. Pody Company.” A true and correct copy of the Report of Preliminary Hearing and
Scheduling Order is attached hereto as Exhibit “A.” The preliminary Report further states that
“Within 21 days M3P Partners, JTA Associates, Inc. and H.C. Pody Company shall each provide
a detailed statement of damages to the Arbitrator and each other party.” Id. The statement further
requires that within 45 days the parties “shall serve on one another and furnish to the Arbitrator
the disclosure of its ‘affirmative experts.’ The disclosures are to include the full names of each
fact and expert witness.” Id.
H.C. Pody complied with the AAA Scheduling Order and, on or about September 19,
2022, disclosed to the Arbitrator and the other parties its affirmative expert in intends to rely
during the arbitration. A true and correct copy of H.C. Pody’s 9/19/22 correspondence is
attached hereto as Exhibit “B.” These documents show that H.C. Pody has consented to
jurisdiction of AAA for all issues related to the Project and is actively and fully participating in
the AAA arbitration.
WHEREFORE, for the reasons stated above, Defendant respectfully requests that this
Honorable Court grant the Motion to Stay.
DAVIS BUCCO & MAKARA
By: [el Patrich MU. Blair
Paul A. Bucco, Esquire
Patrick M. Blair, Esquire
Attorneys for M3P Partners LLC
Dated: November 10, 2022
DAVIS BUCCO & MAKARA
By: Paul Bucco, Esquire
Patrick Blair, Esquire
10 E. 6" Ave., Suite 100
Conshohocken, PA 19428
(610) 238-0880
(610) 238-0244 (fax)
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
CIVIL DIVISION
H.C. PODY COMPANY
Plaintiff,
No. CV-2021-003239
V.
M3P PARTNERS, LLC
JURY TRIAL DEMANDED
Defendants.
CERTIFICATE OF SERVICE
I, Patrick M. Blair, Esquire, hereby certify that a true and correct copy of the foregoing
Motion to Stay was served via first class mail, e-mail, and the court’s electronic filing system on
this date upon the following:
Edward Seglias, Esquire
Matthew R. Skaroff, Esquire
Robert S. Turchick, Esquire
Cohen, Seglias, Pallas, Greenhall & Furman, P.C.
1600 Market Street, 32"¢ Floor
Philadelphia, PA
eseglias@cohenseglias.com
mskaroff@cohenseglias.com
rutrchick@cohenseglias.com
DAVIS BUCCO & MAKARA
By: /s/ Patrick WU. Glan
Paul A. Bucco, Esquire
Patrick M. Blair, Esquire
November 10, 2022 Attorneys for M3P Partners, LLC
xhibit
QO
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AMERICAN ARBITRATION ASSOCIATION
RE: M3P Partners, LLC v. JTA Associates, Inc. and Jeffrey Borges-Martin
- Case 01-22-0001-0313
REPORT OF PRELIMINARY HEARING AND SCHEDULING ORDER
Pursuant to the Rules of the American Arbitration Association (AAA), a second
preliminary hearing was held on Friday August 5, 2022, before Arbitrator Paul A. Logan,
Esquire. Appearing at the hearing were John Dorsey, Davis Bucco Makara & Dorsey, for M3P
Partners, LLC; Nick Poduslenko, Obermayer LLP, for JTA Associates, Inc.; and, Mathew
Skaroff of Cohen Seglias Pallas Greenhall & Furman, PC for H. C. Pody Company.
By Order of the Arbitrator, and based on the agreement of the parties, the following is
now in effect.
1 Any additional preliminary hearings or conferences shall be held, if needed, upon
request by the parties or on the initiative of the Arbitrator.
2 Not later than 21 days from the date of this Order, the parties shall complete the
exchange copies of all documents. The exchange shall include any previously exchanged
documents in the Delaware County litigation and all documents related to the
design/construction issues; as appropriate, the documents shall be in native format.
3 The parties shall each be entitled to a maximum of three oral depositions; the
depositions shall proceed as mutually agreed without the necessity of further order, provided,
however, if there are any disputes or issues respecting depositions or discovery, they shall be
referred to the Arbitrator for resolution. Extensions of this date by mutual agreement of the
parties need not be approved by the Arbitrator so long as the extension does not affect other
dates.
4. Within 21 days, M3P Partners, JTA Associates, Inc. and H. C. Pody Company
shall each provide a detailed statement of damages to the Arbitrator and each other party.
5 Within 21 days, M3P will provide a detailed statement of claim against JTA.
6. Within 21 days, JTA shall serve its crossclaims and counterclaim.
7 Within 21 Gays, the parties shall serve on one another and furnish to the Arbitrator
a disclosure of all fact witnesses reasonably expected to be called by the party; within 45/days,
24265060v1
each party shall serve on one another and furnish to the Arbitrator the disclosure of its
“affirmative experts.” The disclosures are to include the full names of each fact and expert
witness.
8 Affirmative expert reports shall be served on all parties and the Arbitrator or
before Jantary6).2023, rebuttal reports shall be served on or before February 3) 2023.
9 Not later than March
3, 2023, the exhibits to be offered and all schedules,
summaries, diagrams and charts to be used at the hearing shall be identified. The parties shall
attempt to agree upon and submit a jointly prepared consolidated and comprehensive set of these
exhibits. Copies of all documents shall be served on all parties and to the Arbitrator. Each
party shall separately submit to the other party and to the Arbitrator copies of any documents
intended to be offered that have not been jointly agreed to. The set (or sets if separate exhibits
are intended to be used) of all documents for the Arbitrator shall be delivered to the AAA Case
Administrator for transmittal to the Arbitrator simultaneous with the exchange between the
parties. The Arbitrator intends to study the documents in advance of the hearing.
10. On or before Maréh'l722023, each party will serve on all other parties and the
Arbitrator and a prehearing memorandum to the AAA for distribution to the Arbitrator. The
prehearing memorandum shall be submitted electronically, in “WORD” format, with a copy to
the other parties, identifying all significant disputed legal and factual issues, setting forth briefly
the party’s position and the supporting arguments and authorities. The memorandum shall
further include a proposed Award,
IL. Any party may request leave to submit a dispositive motion. Should the request
be granted, a supplemental schedule will be issued.
12, The hearing in this matter will commence before the Arbitrator on April
3, 2023
at the offices of Cohen Seglias Pallas Greenhall & Furman, PC commencing at 9:30 a.m.
[Hearings will likely conclude at 6F before
4 p.m.] It is estimated that there will be between 10
and 13 hearing days. The dates for the hearing days will be set prospectively.
13. Any and all documents to be filed with or submitted to the Arbitrators outside the
hearing shall be given to the AAA Case Administrator for transmittal to the Arbitrator. Copies
of all documents shall also be sent simultaneously to all other parties. The e-mailing of the
prehearing memorandum may be sent directly to the Arbitrator contemporaneous with the e-
mailing of the memorandum to the other parties and the AAA Case Administrator.
24265060v1
14, The decision of the Arbitrator will be a “reasoned” decision; there will be no
transcript unless requested by the Arbitrator or a party.
15. This order shall continue in effect unless and until amended by subsequent order
of the Arbitrators.
Dated: August 5, 2022 /S/
Paul A. Logan, Esquire
24265060v1
QO
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Ww
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Matthew R. Skaroff
Attorney At Law
| COHEN SEGLIAS
PALLAS GREENHALL & FURMAN PC
32nd Floor
1600 Market Street
Philadelphia, PA 19103
T: 215.564.1700 | F: 215.564.3066
mskaroff@cohenseglias.com
www.cohensegl om
September 19, 2022
VIA EMAIL
Arbitrator Paul Logan
c/o/ AAA Kristen Roy
Kelly Fernandes
American Arbitration Association
VIA EMAIL
Paul A. Bucco, Esquire
John Dorsey, Esquire
Davis Bucco
VIA EMAIL
Nicholas Poduslenko
Samantha Koopman
Obermayer Rebmann Maxwell & Hippel LLP
RE: M3P Partners, LLC y. JTA Associates, Inc. and Jeffrey Borges-Martin - Case
01-22-0001-03 13
Dear Arbitrator Logan and Counsel:
Pursuant to the August 5, 2022 Scheduling Order, H.C. Pody Company, Inc.’s (“Pody”)
discloses that it intends to use William Haydt of Trauner Consulting Services as its affirmative
expert.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
Ca
MattheWw-R. Skaroff
MRS/pr
cc: Edward Seglias, Esquire
Robert S. Turchick, Esquire
Pennsylvania | New Jersey | New York | Delaware | District of Columbia | Kentucky
7946256.1 53943-0007
FILED
11-10-2022 12:35 PM
OFFICE OF JUDICIAL
DELAWARE COUNTY,SUPPORT
PA
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IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL DIVISION H.C. PODY COMPANY Plaintiff, No. CV-2021-003239 V. M3P PARTNERS, LLC JURY TRIAL DEMANDED Defendants. ORDER AND NOW, on this day of , 2022, upon consideration of Defendant M3P Partners, LLC’s Motion to Stay Action, and any response thereto, it is hereby ORDERED and DECREED that said Motion is hereby GRANTED. It is further ORDERED and DECREED that this action is hereby STAYED pending arbitration of the claims between H.C. Pody Company and M3P Partners, LLC in accordance with the American Arbitration Association’s Construction Industry Arbitration Rules. BY THE COURT: DAVIS BUCCO & MAKARA By: Paul Bucco, Esquire Patrick Blair, Esquire 10 E. 6" Ave., Suite 100 Conshohocken, PA 19428 (610) 238-0880 (610) 238-0244 (fax) IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL DIVISION H.C. PODY COMPANY Plaintiff, No. CV-2021-003239 V. M3P PARTNERS, LLC JURY TRIAL DEMANDED Defendants. DEFENDANT M3P PARTNERS. LLC’S MOTION FOR STAY OF ACTION Defendant, M3P Partners, LLC (“M3P), by and through its undersigned counsel, Davis Bucco & Makara, hereby moves for an Order staying the above captioned civil action, as well as the related matters, and in support thereof avers as follows: 1 This matter was initiated by a Writ of Summons filed on or about April 5, 2021, and thereafter filed a Complaint. 2 On April 16, 2021, M3P filed a separate Complaint against H.C. Pody Company (“Pody”) under Case No. CV-2021-003606. 3 Both actions relate to a construction project located at 427 Lancaster Avenue, Wayne, Pennsylvania, 19087 (the “Project”). 4 On or about July 15, 2021, Pody filed a Motion to Consolidate these two matters with a Mechanics Lien which Pody had filed for this Project under Case No. CV-2021-004042. M3P does not know if these matters were ever officially consolidated. 5 On or about March 9, 2022, M3P filed a Demand for Arbitration against the architect at the Project, Jeffrey A. Borges-Martin, and his firm JTA Associates, Inc. 6. H.C. Pody subsequently agreed to join the arbitration between M3P, Jeffrey A. Borges-Martin and JTA Associates, Inc. 7 H.C. Pody is now fully participating in the AAA arbitration and all disputes between the parties related to the Project are in front of AAA arbitrator. 8 For instance, a preliminary hearing was held by AAA onor about August 5, 2022 The report of the Preliminary Hearing states “Appearing at the hearing were John Dorsey, Davis Bucco Makara & Dorsey, for M3P Partners, LLC; Nick Poduslenko, Obermeyer LLP, for JTA Associates, Inc.; and, Matthew Skaroff of Cohen Seglias Pallas Greenhall & Furman, PC for H.C. Pody Company.” A trueand correct copy of the Report of Preliminary Hearing and Scheduling Order is attached hereto as Exhibit “A.” 9. The Preliminary Report and Scheduling Order further states that “Within 21 days M3P Partners, JTA Associates, Inc. and H.C. Pody Company shall each provide a detailed statement of damages to the Arbitrator and each other party.” Id. The statement further requires that within 45 days the parties “shall serve on one another and furnish to the Arbitrator the disclosure of its ‘affirmative experts.’ The disclosures are to include the full names of each fact and expert witness.” Id. 10. Pody complied with the AAA Scheduling Order and, on or about September 19, 2022, disclosed to the Arbitrator and the other parties its affirmative expert which it intends to rely on during the arbitration. A true and correct copy of H.C. Pody’s 9/19/22 correspondence is attached hereto as Exhibit “B.” 11. These documents show that H.C. Pody has consented to jurisdiction of AAA for all issues related to the Project and is actively and fully participating in the AAA arbitration. 12. “An action or proceeding, allegedly involving an issue subject to arbitration, shall be stayed if...an application for such an order has been made under this section.” See, 42 Pa. Cons. Stat. Ann. § 7304 13. As such M3P respectfully requests this matter be stayed while the parties arbitrate all issues and disputes related to the Project. WHEREFORE, Defendant M3P Partners, LLC, respectfully requests that this Court stay this matter so that the parties can arbitrate the claims between H.C. Pody Company and M3P Partners, LLC in accordance with the American Arbitration Association’s Construction Industry Arbitration Rules DAVIS BUCCO & MAKARA By: [el Patrich MU. Blac Paul A. Bucco, Esquire Patrick M. Blair, Esquire Attorneys for M3P Partners, LLC Dated: November 10, 2022 DAVIS BUCCO & MAKARA By: Paul Bucco, Esquire Patrick Blair, Esquire 10 E. 6" Ave., Suite 100 Conshohocken, PA 19428 (610) 238-0880 (610) 238-0244 (fax) IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL DIVISION H.C. PODY COMPANY Plaintiff, No. CV-2021-003239 V. M3P PARTNERS, LLC JURY TRIAL DEMANDED Defendants. M3P PARTNERS, LLC BRIEF IN SUPPORT OF ITS MOTION TO STAY Defendant, M3P Partners, LLC (“M3P”), by and through its undersigned counsel Davis Bucco & Makara, hereby submits this:brief in support of its Motion to Compel Production of Documents. I STATEMENT OF QUESTION INVOLVED Whether this matter, as well as the related matters, should be stayed as all parties have submitted to the jurisdiction of AAA and are fully participating in the arbitration? Suggested Answer: Yes IL. ARGUMENT “An action or proceeding, allegedly involving an issue subject to arbitration, shall be stayed if...an application for such an order has been made under this section.” See, 42 Pa. Cons. Stat. Ann. § 7304. This matter was initiated by a Writ of Summons filed on or about April 5, 2021, and thereafter filed a Complaint. On April 16, 2021, M3P filed a separate Complaint against H.C. Pody Company under Case No. CV-2021-003606. Both actions relate to a construction project located at 427 Lancaster Avenue, Wayne, Pennsylvania, 19087 (the “Project”). On or about July 15, 2021, H.C. Pody filed a Motion to Consolidate these two matters with a Mechanics Lien that H.C. Pody had also filed for this Project under Case No. CV-2021-004042. M3P does not know if these matters were ever officially consolidated. On or about March 9, 2022, M3P filed a Demand for Arbitration against the architect at the Project, Jeffrey A. Borges-Martin, and his firm JTA Associates, Inc. H.C. Pody subsequently agreed to join the arbitration between M3P, Jeffrey A. Borges-Martin and JTA Associates, Inc. H.C. Pody is now fully participating in the AAA arbitration and all disputes between the parties related to the Project are in front of AAA. For instance, a preliminary hearing by AAA was held on or about August 5, 2022. The Preliminary Report and Scheduling Order states “Appearing at the hearing were John Dorsey, Davis Bucco Makara & Dorsey, for M3P Partners, LLC; Nick Poduslenko, Obermeyer LLP, for JTA Associates, Inc.; and, Matthew Skaroff of Cohen Seglias Pallas Greenhall & Furman, PC for H.C. Pody Company.” A true and correct copy of the Report of Preliminary Hearing and Scheduling Order is attached hereto as Exhibit “A.” The preliminary Report further states that “Within 21 days M3P Partners, JTA Associates, Inc. and H.C. Pody Company shall each provide a detailed statement of damages to the Arbitrator and each other party.” Id. The statement further requires that within 45 days the parties “shall serve on one another and furnish to the Arbitrator the disclosure of its ‘affirmative experts.’ The disclosures are to include the full names of each fact and expert witness.” Id. H.C. Pody complied with the AAA Scheduling Order and, on or about September 19, 2022, disclosed to the Arbitrator and the other parties its affirmative expert in intends to rely during the arbitration. A true and correct copy of H.C. Pody’s 9/19/22 correspondence is attached hereto as Exhibit “B.” These documents show that H.C. Pody has consented to jurisdiction of AAA for all issues related to the Project and is actively and fully participating in the AAA arbitration. WHEREFORE, for the reasons stated above, Defendant respectfully requests that this Honorable Court grant the Motion to Stay. DAVIS BUCCO & MAKARA By: [el Patrich MU. Blair Paul A. Bucco, Esquire Patrick M. Blair, Esquire Attorneys for M3P Partners LLC Dated: November 10, 2022 DAVIS BUCCO & MAKARA By: Paul Bucco, Esquire Patrick Blair, Esquire 10 E. 6" Ave., Suite 100 Conshohocken, PA 19428 (610) 238-0880 (610) 238-0244 (fax) IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL DIVISION H.C. PODY COMPANY Plaintiff, No. CV-2021-003239 V. M3P PARTNERS, LLC JURY TRIAL DEMANDED Defendants. CERTIFICATE OF SERVICE I, Patrick M. Blair, Esquire, hereby certify that a true and correct copy of the foregoing Motion to Stay was served via first class mail, e-mail, and the court’s electronic filing system on this date upon the following: Edward Seglias, Esquire Matthew R. Skaroff, Esquire Robert S. Turchick, Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 1600 Market Street, 32"¢ Floor Philadelphia, PA eseglias@cohenseglias.com mskaroff@cohenseglias.com rutrchick@cohenseglias.com DAVIS BUCCO & MAKARA By: /s/ Patrick WU. Glan Paul A. Bucco, Esquire Patrick M. Blair, Esquire November 10, 2022 Attorneys for M3P Partners, LLC xhibit QO ore 9 cow AMERICAN ARBITRATION ASSOCIATION RE: M3P Partners, LLC v. JTA Associates, Inc. and Jeffrey Borges-Martin - Case 01-22-0001-0313 REPORT OF PRELIMINARY HEARING AND SCHEDULING ORDER Pursuant to the Rules of the American Arbitration Association (AAA), a second preliminary hearing was held on Friday August 5, 2022, before Arbitrator Paul A. Logan, Esquire. Appearing at the hearing were John Dorsey, Davis Bucco Makara & Dorsey, for M3P Partners, LLC; Nick Poduslenko, Obermayer LLP, for JTA Associates, Inc.; and, Mathew Skaroff of Cohen Seglias Pallas Greenhall & Furman, PC for H. C. Pody Company. By Order of the Arbitrator, and based on the agreement of the parties, the following is now in effect. 1 Any additional preliminary hearings or conferences shall be held, if needed, upon request by the parties or on the initiative of the Arbitrator. 2 Not later than 21 days from the date of this Order, the parties shall complete the exchange copies of all documents. The exchange shall include any previously exchanged documents in the Delaware County litigation and all documents related to the design/construction issues; as appropriate, the documents shall be in native format. 3 The parties shall each be entitled to a maximum of three oral depositions; the depositions shall proceed as mutually agreed without the necessity of further order, provided, however, if there are any disputes or issues respecting depositions or discovery, they shall be referred to the Arbitrator for resolution. Extensions of this date by mutual agreement of the parties need not be approved by the Arbitrator so long as the extension does not affect other dates. 4. Within 21 days, M3P Partners, JTA Associates, Inc. and H. C. Pody Company shall each provide a detailed statement of damages to the Arbitrator and each other party. 5 Within 21 days, M3P will provide a detailed statement of claim against JTA. 6. Within 21 days, JTA shall serve its crossclaims and counterclaim. 7 Within 21 Gays, the parties shall serve on one another and furnish to the Arbitrator a disclosure of all fact witnesses reasonably expected to be called by the party; within 45/days, 24265060v1 each party shall serve on one another and furnish to the Arbitrator the disclosure of its “affirmative experts.” The disclosures are to include the full names of each fact and expert witness. 8 Affirmative expert reports shall be served on all parties and the Arbitrator or before Jantary6).2023, rebuttal reports shall be served on or before February 3) 2023. 9 Not later than March 3, 2023, the exhibits to be offered and all schedules, summaries, diagrams and charts to be used at the hearing shall be identified. The parties shall attempt to agree upon and submit a jointly prepared consolidated and comprehensive set of these exhibits. Copies of all documents shall be served on all parties and to the Arbitrator. Each party shall separately submit to the other party and to the Arbitrator copies of any documents intended to be offered that have not been jointly agreed to. The set (or sets if separate exhibits are intended to be used) of all documents for the Arbitrator shall be delivered to the AAA Case Administrator for transmittal to the Arbitrator simultaneous with the exchange between the parties. The Arbitrator intends to study the documents in advance of the hearing. 10. On or before Maréh'l722023, each party will serve on all other parties and the Arbitrator and a prehearing memorandum to the AAA for distribution to the Arbitrator. The prehearing memorandum shall be submitted electronically, in “WORD” format, with a copy to the other parties, identifying all significant disputed legal and factual issues, setting forth briefly the party’s position and the supporting arguments and authorities. The memorandum shall further include a proposed Award, IL. Any party may request leave to submit a dispositive motion. Should the request be granted, a supplemental schedule will be issued. 12, The hearing in this matter will commence before the Arbitrator on April 3, 2023 at the offices of Cohen Seglias Pallas Greenhall & Furman, PC commencing at 9:30 a.m. [Hearings will likely conclude at 6F before 4 p.m.] It is estimated that there will be between 10 and 13 hearing days. The dates for the hearing days will be set prospectively. 13. Any and all documents to be filed with or submitted to the Arbitrators outside the hearing shall be given to the AAA Case Administrator for transmittal to the Arbitrator. Copies of all documents shall also be sent simultaneously to all other parties. The e-mailing of the prehearing memorandum may be sent directly to the Arbitrator contemporaneous with the e- mailing of the memorandum to the other parties and the AAA Case Administrator. 24265060v1 14, The decision of the Arbitrator will be a “reasoned” decision; there will be no transcript unless requested by the Arbitrator or a party. 15. This order shall continue in effect unless and until amended by subsequent order of the Arbitrators. Dated: August 5, 2022 /S/ Paul A. Logan, Esquire 24265060v1 QO ore Ww cow Matthew R. Skaroff Attorney At Law | COHEN SEGLIAS PALLAS GREENHALL & FURMAN PC 32nd Floor 1600 Market Street Philadelphia, PA 19103 T: 215.564.1700 | F: 215.564.3066 mskaroff@cohenseglias.com www.cohensegl om September 19, 2022 VIA EMAIL Arbitrator Paul Logan c/o/ AAA Kristen Roy Kelly Fernandes American Arbitration Association VIA EMAIL Paul A. Bucco, Esquire John Dorsey, Esquire Davis Bucco VIA EMAIL Nicholas Poduslenko Samantha Koopman Obermayer Rebmann Maxwell & Hippel LLP RE: M3P Partners, LLC y. JTA Associates, Inc. and Jeffrey Borges-Martin - Case 01-22-0001-03 13 Dear Arbitrator Logan and Counsel: Pursuant to the August 5, 2022 Scheduling Order, H.C. Pody Company, Inc.’s (“Pody”) discloses that it intends to use William Haydt of Trauner Consulting Services as its affirmative expert. Should you have any questions, please do not hesitate to contact me. Very truly yours, Ca MattheWw-R. Skaroff MRS/pr cc: Edward Seglias, Esquire Robert S. Turchick, Esquire Pennsylvania | New Jersey | New York | Delaware | District of Columbia | Kentucky 7946256.1 53943-0007 FILED 11-10-2022 12:35 PM OFFICE OF JUDICIAL DELAWARE COUNTY,SUPPORT PA