Preview
INDEX NO. E2023005878
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/03/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3692097
Book Page CIVIL
Return To: No. Pages: 5
Chery A. Porter
545 Hall of Justice Instrument: ORDER
Rochester, NY 14617
Control #: 202401040253
Index #: E2023005878
Date: 01/04/2024
Royal Business Group LLC Time: 9:46:40 AM
Rockstar Pro Movers Inc
Rockstar Pro Movers
Duysenoff Co
Duysenoff
Duysenoff Media Inc
Total Fees Paid: $0.00
Employee: CW
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
MIO
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NYSCEF BOC. NO. 36 RECEIVED NYSCEF: 01/03/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE SCHEDULING ORDER
Index No. E2023005878
Royal Business Group LLC
-against-
Rockstar Pro Movers Inc, Rockstar Pro Movers, Duysenoff Co,
Duysenoff, Duysenoff Media Inc, Duysenoff Media, J R Media
Group Inc, J R Media Group, Rashid Duysenov, Berk Belispayev
A Request for Judicial Intervention (RJI) having been filed in the above matter on July 26, 2023. If the
parties wish to appear at a preliminary conference pursuant to 22 NYCRR § 202.12, please immediately
email the request to cporter@nycourts.gov. Please provide the nature of the conference and issues to be
resolved. Otherwise, the Court hereby issues the following Scheduling Order which supersedes all prior
Scheduling Orders.
The court strongly encourages voluntary mediation at the earliest possible time. If the parties agree to
early voluntary mediation, please complete the attached form and upload it to NYSCEF and email it to
adifranc@nycourts.gov and ADR-7JD@nycourts.gov.
NOW, it is hereby
ORDERED, that all discovery, including IME(s), if any, shall be completed and the plaintiff shall file
a Note of Issue and Certificate of Readiness by April 17, 2024, the failure of which, this matter shall be
deemed stricken and “off” the court pre-note calendar without further notice pursuant to the provisions of.
CPLR 3126, and Uniform Rules 202.19, 202.22, 202.27, and it is further
ORDERED, that failure to complete the remaining discovery or to timely request a conference to
extend discovery prior to the note of issue filing date and in sufficient time prior thereto to order and
complete any delinquent discovery, will be deemed a waiver of any incomplete or further discovery by
any party (absent actual inability not caused by failure of requesting party to seek and/or compel timely
compliance), and it is further
ORDERED, that, if a motion is necessary, a motion relating to disclosure shall strictly comply with
22 NYCRR § 202.7(a)(2) and all such motions and responses thereto shall be filed with a proposed Order
containing the specific relief requested and the exact amount of costs, disbursements and attorney’s fees to
be awarded to the prevailing party; and it is further
ORDERED, that no further adjournments of this scheduling order will be granted except for
extremely good cause shown, requested and approved prior to the above note of issue filing date or any
extended date, and it is further
ORDERED, that if so dismissed for failure to file the note of issue, the case may be restored to the
trial ready calendar without motion within one year of such dismissal by (1) the e-filing ofa Note of Issue
and Certificate of Readiness, and (2) the forwarding of a copy thereof with a letter requesting restoration
to the Court’s Assignment Clerk via e-filing. If filed as aforesaid, the note of issue will not be
subsequently stricken for incomplete discovery which had not been timely conferenced and, thereby
waived as above stated. Restoration after one year from dismissal shall, before the filing ofa note of issue
and certificate of readiness, require the submission thereof to the Court along with additional
documentation of a sworn affidavit by a person with knowledge showing a reasonable excuse for the
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NYSCEF BOC. NO. 36 RECEIVED NYSCEF: 01/03/2024
delay, a meritorious cause of action, a lack of prejudice to the defendant, and the absence of intent to
abandon the case, and it is further
ORDERED, that if the Note of Issue is timely filed, a Pretrial Conference* shall be held before
this Court on **TBD**. The parties shall provide a detailed email as to the status of the case and a
summary of settlement negotiations, if any.
DATED: January 3, 2024
FON. ‘SAM L. VALLERIANI
Justice Supreme Court
* The failure of any party or parties to appear as provided herein will result in this matter being disposed of
pursuant to 22 NYCRR § 202.27 without further notice.
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Dear Counsel/Litigant:
If you have a case pending in Supreme Court, Civil/Commercial Division for the Seventh Judicial
District, this Court has a free Mediation Program that provides full mediation at no cost. The mediations
are conducted by Court Mediators Adrian J. Burke, Esq. and Amy L. DiFranco, Esq. Everything that
takes place during the mediation is confidential. All mediations at this time are taking place via computer
conference technology, namely Microsoft Teams. If you are ultimately unable to resolve your matter in
mediation, the case is simply restored to the Court’s calendar.
Why Mediate?
Mediation offers the following benefits:
1. Allows the parties to maintain control over the outcome of their claims
2. Improves parties’ satisfaction with the process
3. Saves Money
4. Speeds settlement and resolution of litigation
The Court system strongly encourages you to mediate your case at the earliest possible time. Court
Mediation requires that all parties voluntarily consent to be referred to mediation. In addition to obtaining
a referral to mediation though an Order of Referral to Mediation entered by the assigned Judge, we are
now offering access to Court Mediation where the parties execute and file the attached Consent to
Mediate. When the Consent is executed and filed, your case will be accepted into Court Mediation. Ifa
Consent is not filed, the case will remain with the assigned Judge.
If all parties agree to try mediation, simply complete the attached Consent form, upload it to
NYSCEF and email it to adifranc@nycourts.gov and ADR-7JD@nycourts.gov. A Court Mediator will then
contact you to proceed with the mediation.
For more information, please contact Amy L. DiFranco at adifranc@nycourts.goy or (585)
371-3680.
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NYSCEF BOC. NO. 36 RECEIVED NYSCEF: 01/03/2024
SEVENTH JUDICIAL DISTRICT MEDIATION PROGRAM’S
AGREEMENT TO MEDIATE - VOLUNTARY CONSENT FORM
Case Name:
Index No.: County:
1. We have discussed with our respective clients and with opposing counsel the option to engage in the Court’s
Mediation Program.
2. Our clients wish to engage in the Court’s Mediation Program at this time.
3. We request that this case be referred to the Seventh Judicial District’s Court Mediation Program.
4. We understand that all Orders issued by this Court in this matter are hereby stayed pending mediation unless
otherwise ordered by the Court.
Counsel for Plaintiff:
Print and Sign:
Firm Name:
Address:
Tel. No.:
Email:
Counsel for Defendant:
Print and Sign:
Firm Name:
Address:
Tel. No.:
Email:
[ADD ADDITIONAL PARTIES/COUNSEL IF NECESSARY]
Upload this form to NYSCEF and email it to adifranc@nycourts.gov and ADR-7JD@nycourts.gov. A Court
Mediator will then contact you to proceed with the mediation.
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Preview
INDEX NO. E2023005878 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/03/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3692097 Book Page CIVIL Return To: No. Pages: 5 Chery A. Porter 545 Hall of Justice Instrument: ORDER Rochester, NY 14617 Control #: 202401040253 Index #: E2023005878 Date: 01/04/2024 Royal Business Group LLC Time: 9:46:40 AM Rockstar Pro Movers Inc Rockstar Pro Movers Duysenoff Co Duysenoff Duysenoff Media Inc Total Fees Paid: $0.00 Employee: CW State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK MIO lof5 MONRO OUN Kk 04 WV INDE&& NOE 2623025805878 10 NYSCEF BOC. NO. 36 RECEIVED NYSCEF: 01/03/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE SCHEDULING ORDER Index No. E2023005878 Royal Business Group LLC -against- Rockstar Pro Movers Inc, Rockstar Pro Movers, Duysenoff Co, Duysenoff, Duysenoff Media Inc, Duysenoff Media, J R Media Group Inc, J R Media Group, Rashid Duysenov, Berk Belispayev A Request for Judicial Intervention (RJI) having been filed in the above matter on July 26, 2023. If the parties wish to appear at a preliminary conference pursuant to 22 NYCRR § 202.12, please immediately email the request to cporter@nycourts.gov. Please provide the nature of the conference and issues to be resolved. Otherwise, the Court hereby issues the following Scheduling Order which supersedes all prior Scheduling Orders. The court strongly encourages voluntary mediation at the earliest possible time. If the parties agree to early voluntary mediation, please complete the attached form and upload it to NYSCEF and email it to adifranc@nycourts.gov and ADR-7JD@nycourts.gov. NOW, it is hereby ORDERED, that all discovery, including IME(s), if any, shall be completed and the plaintiff shall file a Note of Issue and Certificate of Readiness by April 17, 2024, the failure of which, this matter shall be deemed stricken and “off” the court pre-note calendar without further notice pursuant to the provisions of. CPLR 3126, and Uniform Rules 202.19, 202.22, 202.27, and it is further ORDERED, that failure to complete the remaining discovery or to timely request a conference to extend discovery prior to the note of issue filing date and in sufficient time prior thereto to order and complete any delinquent discovery, will be deemed a waiver of any incomplete or further discovery by any party (absent actual inability not caused by failure of requesting party to seek and/or compel timely compliance), and it is further ORDERED, that, if a motion is necessary, a motion relating to disclosure shall strictly comply with 22 NYCRR § 202.7(a)(2) and all such motions and responses thereto shall be filed with a proposed Order containing the specific relief requested and the exact amount of costs, disbursements and attorney’s fees to be awarded to the prevailing party; and it is further ORDERED, that no further adjournments of this scheduling order will be granted except for extremely good cause shown, requested and approved prior to the above note of issue filing date or any extended date, and it is further ORDERED, that if so dismissed for failure to file the note of issue, the case may be restored to the trial ready calendar without motion within one year of such dismissal by (1) the e-filing ofa Note of Issue and Certificate of Readiness, and (2) the forwarding of a copy thereof with a letter requesting restoration to the Court’s Assignment Clerk via e-filing. If filed as aforesaid, the note of issue will not be subsequently stricken for incomplete discovery which had not been timely conferenced and, thereby waived as above stated. Restoration after one year from dismissal shall, before the filing ofa note of issue and certificate of readiness, require the submission thereof to the Court along with additional documentation of a sworn affidavit by a person with knowledge showing a reasonable excuse for the 2 0f 5 MONRO OUN Kk 04 WV INDE€XNG E 2823005885 878 10 NYSCEF BOC. NO. 36 RECEIVED NYSCEF: 01/03/2024 delay, a meritorious cause of action, a lack of prejudice to the defendant, and the absence of intent to abandon the case, and it is further ORDERED, that if the Note of Issue is timely filed, a Pretrial Conference* shall be held before this Court on **TBD**. The parties shall provide a detailed email as to the status of the case and a summary of settlement negotiations, if any. DATED: January 3, 2024 FON. ‘SAM L. VALLERIANI Justice Supreme Court * The failure of any party or parties to appear as provided herein will result in this matter being disposed of pursuant to 22 NYCRR § 202.27 without further notice. 3 0f 5 MONRO OUN Kk 04 WV INDE€XNG E 2823005885 878 10 NYSCEF BOC. NO. 36 RECEIVED NYSCEF: 01/03/2024 Dear Counsel/Litigant: If you have a case pending in Supreme Court, Civil/Commercial Division for the Seventh Judicial District, this Court has a free Mediation Program that provides full mediation at no cost. The mediations are conducted by Court Mediators Adrian J. Burke, Esq. and Amy L. DiFranco, Esq. Everything that takes place during the mediation is confidential. All mediations at this time are taking place via computer conference technology, namely Microsoft Teams. If you are ultimately unable to resolve your matter in mediation, the case is simply restored to the Court’s calendar. Why Mediate? Mediation offers the following benefits: 1. Allows the parties to maintain control over the outcome of their claims 2. Improves parties’ satisfaction with the process 3. Saves Money 4. Speeds settlement and resolution of litigation The Court system strongly encourages you to mediate your case at the earliest possible time. Court Mediation requires that all parties voluntarily consent to be referred to mediation. In addition to obtaining a referral to mediation though an Order of Referral to Mediation entered by the assigned Judge, we are now offering access to Court Mediation where the parties execute and file the attached Consent to Mediate. When the Consent is executed and filed, your case will be accepted into Court Mediation. Ifa Consent is not filed, the case will remain with the assigned Judge. If all parties agree to try mediation, simply complete the attached Consent form, upload it to NYSCEF and email it to adifranc@nycourts.gov and ADR-7JD@nycourts.gov. A Court Mediator will then contact you to proceed with the mediation. For more information, please contact Amy L. DiFranco at adifranc@nycourts.goy or (585) 371-3680. 4o0f 5 ar OUN Kk 04 WV INDE€XNG E 2823005885 878 NRO 10 NYSCEF BOC. NO. 36 RECEIVED NYSCEF: 01/03/2024 SEVENTH JUDICIAL DISTRICT MEDIATION PROGRAM’S AGREEMENT TO MEDIATE - VOLUNTARY CONSENT FORM Case Name: Index No.: County: 1. We have discussed with our respective clients and with opposing counsel the option to engage in the Court’s Mediation Program. 2. Our clients wish to engage in the Court’s Mediation Program at this time. 3. We request that this case be referred to the Seventh Judicial District’s Court Mediation Program. 4. We understand that all Orders issued by this Court in this matter are hereby stayed pending mediation unless otherwise ordered by the Court. Counsel for Plaintiff: Print and Sign: Firm Name: Address: Tel. No.: Email: Counsel for Defendant: Print and Sign: Firm Name: Address: Tel. No.: Email: [ADD ADDITIONAL PARTIES/COUNSEL IF NECESSARY] Upload this form to NYSCEF and email it to adifranc@nycourts.gov and ADR-7JD@nycourts.gov. A Court Mediator will then contact you to proceed with the mediation. 5 of 5