Preview
FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/06/2023
EXHIBIT F
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ANDRAS BAGO and ALEXANDRU GEREA,
individually and on behalf of all others similarly Index No.: 153644/2023
situated,
Plaintiffs, Motion Seq. 1
-against- AFFIRMATION IN OPPOSITION
LA BROCHETTE, INC. and ABA KOIUNOV,
Defendants.
---------------------------------------------------------------X
AFFIRMATION OF ADAM B. SHERMAN
ADAM B. SHERMAN, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following under penalties of perjury:
1. I am an associate of Jacobs, P.C., attorneys for Defendants in the above-
referenced action. I respectfully submit this Affirmation in opposition to Plaintiffs’ motion for
an extension of time: (i) to complete pre-class certification discovery; and (ii) for Plaintiffs to
move for class certification (the “Motion”).
2. As shown below, Defendants submit that this Court should order: (i) pre-class
certification discovery, if any, to be completed no later than October 6, 2023, and (ii) Plaintiffs’
deadline to move for class certification be no later than November 6, 2023.
3. Plaintiffs’ Motion seeking an extension of time fails to make a showing of good
cause for why an extension is warranted. Indeed, Plaintiffs submit no evidence that pre-class
certification is necessary, other than, in wholly conclusory fashion, describing the putative class
they seek to certify. This type of generalized showing is typically insufficient to warrant an
extension of time to extend the deadlines to certify a class. See, e.g., Cooper-Nolasco v. Royal
Waste Services Inc., 2022 WL 4397646, at *1 (Sup. Ct. N.Y. Co. Sept. 15, 2022) (denying
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motion for an extension of deadlines for class certification because “plaintiff fails to make a …
showing outside of conclusory claims that pre-certification discovery is necessary”); Severin v.
Platinum Home Health Care Inc., 2017 WL 4168213, at *1 (Sup. Ct. N.Y. Co. Sept. 15, 2017)
(denying motion for an extension of deadlines for class certification because “the Court has no
way of knowing what, if any, information Plaintiff currently possesses and what additional
information Plaintiff requires to ‘ascertain the dimensions of the group of individuals who share’
her alleged injuries”); Zou v. 2953 Broadway Inc., 2023 WL 4191112, at *1 (Sup. Ct. N.Y. Co.
June 22, 2023) (denying motion for an extension of deadlines for class certification because
“Plaintiff does not show that he needs more time to take pre-class discovery before moving for
class certification”).
4. Here, at the outset, Plaintiffs omit that the parties met and conferred prior to the
filing of this Motion. Specifically, from June 27, 2023 to July 6, 2023, undersigned counsel and
counsel for Plaintiffs agreed that Plaintiffs’ deadline to complete pre-class certification
discovery, if any, be extended to no later than October 6, 2023. See Ex. A. Accordingly,
because Plaintiffs submits no evidence – other than conclusory assertions – that pre-class
discovery is necessary, Defendants submit that should this Court grant an extension of time to
complete pre-class certification discovery, that deadline be no later than October 6, 2023.
5. Next, with respect to Plaintiffs’ request for an extension of time to move for class
certification, Defendants submit that, if the Court overlooks Plaintiffs’ failure to show good
cause to warrant such an extension, that the deadline be no later than November 6, 2023, which
is 30 days from the date that the parties agreed would be the deadline for completion of pre-class
certification discovery.
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6. Therefore, Defendants respectfully submit that this Court should order: (i) pre-
class certification discovery, if any, to be completed no later than October 6, 2023, and (ii)
Plaintiffs’ deadline to move for class certification be no later than November 6, 2023.
Dated: August 7, 2023
New York, New York
/s/ Adam B. Sherman
Adam B. Sherman
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WORD COUNT CERTIFICATION
Pursuant to Section 202.8-b of the Uniform Civil Rules for the Supreme Court and the
County Court, I hereby certify that the total number of words in this affirmation, exclusive of the
caption, table of contents, table of authorities, and signature block, is 549. In preparing this
certification, I have relied on the word count of the word-processing system used to prepare this
document.
Dated: New York, New York
August 7, 2023
/s/ Adam B. Sherman
Adam B. Sherman
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Preview
FILED: NEW YORK COUNTY CLERK 10/06/2023 08:00 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/06/2023 EXHIBIT F 08/07/2023 08:00 FILED: NEW YORK COUNTY CLERK 10/06/2023 04:22 PM INDEX NO. 153644/2023 10 NYSCEF DOC. NO. 25 08/07/2023 RECEIVED NYSCEF: 10/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------X ANDRAS BAGO and ALEXANDRU GEREA, individually and on behalf of all others similarly Index No.: 153644/2023 situated, Plaintiffs, Motion Seq. 1 -against- AFFIRMATION IN OPPOSITION LA BROCHETTE, INC. and ABA KOIUNOV, Defendants. ---------------------------------------------------------------X AFFIRMATION OF ADAM B. SHERMAN ADAM B. SHERMAN, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following under penalties of perjury: 1. I am an associate of Jacobs, P.C., attorneys for Defendants in the above- referenced action. I respectfully submit this Affirmation in opposition to Plaintiffs’ motion for an extension of time: (i) to complete pre-class certification discovery; and (ii) for Plaintiffs to move for class certification (the “Motion”). 2. As shown below, Defendants submit that this Court should order: (i) pre-class certification discovery, if any, to be completed no later than October 6, 2023, and (ii) Plaintiffs’ deadline to move for class certification be no later than November 6, 2023. 3. Plaintiffs’ Motion seeking an extension of time fails to make a showing of good cause for why an extension is warranted. Indeed, Plaintiffs submit no evidence that pre-class certification is necessary, other than, in wholly conclusory fashion, describing the putative class they seek to certify. This type of generalized showing is typically insufficient to warrant an extension of time to extend the deadlines to certify a class. See, e.g., Cooper-Nolasco v. Royal Waste Services Inc., 2022 WL 4397646, at *1 (Sup. Ct. N.Y. Co. Sept. 15, 2022) (denying 1 1 of 4 08/07/2023 08:00 FILED: NEW YORK COUNTY CLERK 10/06/2023 04:22 PM INDEX NO. 153644/2023 10 NYSCEF DOC. NO. 25 08/07/2023 RECEIVED NYSCEF: 10/06/2023 motion for an extension of deadlines for class certification because “plaintiff fails to make a … showing outside of conclusory claims that pre-certification discovery is necessary”); Severin v. Platinum Home Health Care Inc., 2017 WL 4168213, at *1 (Sup. Ct. N.Y. Co. Sept. 15, 2017) (denying motion for an extension of deadlines for class certification because “the Court has no way of knowing what, if any, information Plaintiff currently possesses and what additional information Plaintiff requires to ‘ascertain the dimensions of the group of individuals who share’ her alleged injuries”); Zou v. 2953 Broadway Inc., 2023 WL 4191112, at *1 (Sup. Ct. N.Y. Co. June 22, 2023) (denying motion for an extension of deadlines for class certification because “Plaintiff does not show that he needs more time to take pre-class discovery before moving for class certification”). 4. Here, at the outset, Plaintiffs omit that the parties met and conferred prior to the filing of this Motion. Specifically, from June 27, 2023 to July 6, 2023, undersigned counsel and counsel for Plaintiffs agreed that Plaintiffs’ deadline to complete pre-class certification discovery, if any, be extended to no later than October 6, 2023. See Ex. A. Accordingly, because Plaintiffs submits no evidence – other than conclusory assertions – that pre-class discovery is necessary, Defendants submit that should this Court grant an extension of time to complete pre-class certification discovery, that deadline be no later than October 6, 2023. 5. Next, with respect to Plaintiffs’ request for an extension of time to move for class certification, Defendants submit that, if the Court overlooks Plaintiffs’ failure to show good cause to warrant such an extension, that the deadline be no later than November 6, 2023, which is 30 days from the date that the parties agreed would be the deadline for completion of pre-class certification discovery. 2 2 of 4 08/07/2023 08:00 FILED: NEW YORK COUNTY CLERK 10/06/2023 04:22 PM INDEX NO. 153644/2023 10 NYSCEF DOC. NO. 25 08/07/2023 RECEIVED NYSCEF: 10/06/2023 6. Therefore, Defendants respectfully submit that this Court should order: (i) pre- class certification discovery, if any, to be completed no later than October 6, 2023, and (ii) Plaintiffs’ deadline to move for class certification be no later than November 6, 2023. Dated: August 7, 2023 New York, New York /s/ Adam B. Sherman Adam B. Sherman 3 3 of 4 08/07/2023 08:00 FILED: NEW YORK COUNTY CLERK 10/06/2023 04:22 PM INDEX NO. 153644/2023 10 NYSCEF DOC. NO. 25 08/07/2023 RECEIVED NYSCEF: 10/06/2023 WORD COUNT CERTIFICATION Pursuant to Section 202.8-b of the Uniform Civil Rules for the Supreme Court and the County Court, I hereby certify that the total number of words in this affirmation, exclusive of the caption, table of contents, table of authorities, and signature block, is 549. In preparing this certification, I have relied on the word count of the word-processing system used to prepare this document. Dated: New York, New York August 7, 2023 /s/ Adam B. Sherman Adam B. Sherman 4 4 of 4