On November 09, 2023 a
LETTER/CORRESPONDENCE FROM COURT - PC Date: 2/14 at 12pm
was filed
involving a dispute between
Level 5 Construction, Inc.,
and
Berkshire Hathaway Specialty Insurance Company,
E.C.C.O Iii Enterprises, Inc.,
Federal Insurance Company,
Liberty Mutual Insurance Company,
Skanska Ecco Iii 2 Jv,
Skanska Usa Civil Northeast Inc.,
The Continental Insurance Company,
Zurich American Insurance Company,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 01/26/2024 11:38 AM INDEX NO. 70587/2023
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
RICHARD J. DARONCO WESTCHESTER
COUNTY COURTHOUSE
111 DR. MARTIN LUTHER KING, JR. BLVD.
WHITE PLAINS, NEW YORK 10601
(914) 824-5415
LINDA S. JAMIESON
JUSTICE OF THE SUPREME COURT
VIA NYSCEF
January 26, 2024
Re: LEVEL 5 CONSTRUCTION, INC. v. SKANSKA ECCO III 2 JV et al
Index Number: 70587/2023
Dear Counsel:
A Preliminary Conference, for counsel only, will be held IN PERSON at 111 Dr. Martin Luther
King Jr. Blvd, Courtroom 103, White Plains, New York on:
February 14, 2024 at 12:00 p.m.
An attorney thoroughly familiar with the case and with binding authority to agree on
behalf of each party with respect to pre-trial and settlement matters must attend this conference.
Counsel must complete the Preliminary Conference Order prior to the scheduled
conference. Any open issues will be addressed at the Preliminary Conference.
Counsel shall submit a joint description of the facts and each parties’ contentions,
not exceeding one page, at least one week prior to the conference.
Counsel are directed to consult prior to the conference in accordance with the provisions
of Rule 8 of the Rules of Practice for the Commercial Division, and are further directed to be
prepared to discuss with the Court the results of such consultation at the conference. A copy of
the Court’s Preliminary Conference Order has been uploaded to NYSCEF for your completion.
The Commercial Division of the Supreme Court, Westchester County, has an Alternative
Dispute Resolution Program for the mediation of disputes assigned to the Commercial Division.
The Rules, the Roster of Mediators and their credentials can be found on the Commercial
Division’s website at http://ww2.nycourts.gov/alternative-dispute-resolution. Prior to the
Preliminary Conference, you must also submit to the Court the completed mediation
documents that are attached to the proposed Preliminary Conference Order. If you cannot
agree on a mediator the Court will select one.
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FILED: WESTCHESTER COUNTY CLERK 01/26/2024 11:38 AM INDEX NO. 70587/2023
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/26/2024
At the conference, the Court will issue a Preliminary Conference Order scheduling all
pre-trial discovery, and will set a date for a Trial Readiness Conference. The Court will also be
willing to discuss settlement of the action or the narrowing of the areas of dispute between the
parties.
Requests for adjournment of this conference date must be on consent, confirmed by
stipulation, subject to the approval of the Court. In no event will more than one adjournment of
the Preliminary Conference be granted. If you have any questions or any scheduling conflict,
please contact our Part Clerk, Demary Lopez at dlopez@nycourts.gov or 914.824.5345.
Very truly yours,
HON. LINDA S. JAMIESON
Supreme Court Justice
Commercial Division
LSJ:jsh
2 of 2
Document Filed Date
January 26, 2024
Case Filing Date
November 09, 2023
Category
Commercial Division
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Preview
FILED: WESTCHESTER COUNTY CLERK 01/26/2024 11:38 AM INDEX NO. 70587/2023 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/26/2024 SUPREME COURT OF THE STATE OF NEW YORK RICHARD J. DARONCO WESTCHESTER COUNTY COURTHOUSE 111 DR. MARTIN LUTHER KING, JR. BLVD. WHITE PLAINS, NEW YORK 10601 (914) 824-5415 LINDA S. JAMIESON JUSTICE OF THE SUPREME COURT VIA NYSCEF January 26, 2024 Re: LEVEL 5 CONSTRUCTION, INC. v. SKANSKA ECCO III 2 JV et al Index Number: 70587/2023 Dear Counsel: A Preliminary Conference, for counsel only, will be held IN PERSON at 111 Dr. Martin Luther King Jr. Blvd, Courtroom 103, White Plains, New York on: February 14, 2024 at 12:00 p.m. An attorney thoroughly familiar with the case and with binding authority to agree on behalf of each party with respect to pre-trial and settlement matters must attend this conference. Counsel must complete the Preliminary Conference Order prior to the scheduled conference. Any open issues will be addressed at the Preliminary Conference. Counsel shall submit a joint description of the facts and each parties’ contentions, not exceeding one page, at least one week prior to the conference. Counsel are directed to consult prior to the conference in accordance with the provisions of Rule 8 of the Rules of Practice for the Commercial Division, and are further directed to be prepared to discuss with the Court the results of such consultation at the conference. A copy of the Court’s Preliminary Conference Order has been uploaded to NYSCEF for your completion. The Commercial Division of the Supreme Court, Westchester County, has an Alternative Dispute Resolution Program for the mediation of disputes assigned to the Commercial Division. The Rules, the Roster of Mediators and their credentials can be found on the Commercial Division’s website at http://ww2.nycourts.gov/alternative-dispute-resolution. Prior to the Preliminary Conference, you must also submit to the Court the completed mediation documents that are attached to the proposed Preliminary Conference Order. If you cannot agree on a mediator the Court will select one. 1 of 2 FILED: WESTCHESTER COUNTY CLERK 01/26/2024 11:38 AM INDEX NO. 70587/2023 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/26/2024 At the conference, the Court will issue a Preliminary Conference Order scheduling all pre-trial discovery, and will set a date for a Trial Readiness Conference. The Court will also be willing to discuss settlement of the action or the narrowing of the areas of dispute between the parties. Requests for adjournment of this conference date must be on consent, confirmed by stipulation, subject to the approval of the Court. In no event will more than one adjournment of the Preliminary Conference be granted. If you have any questions or any scheduling conflict, please contact our Part Clerk, Demary Lopez at dlopez@nycourts.gov or 914.824.5345. Very truly yours, HON. LINDA S. JAMIESON Supreme Court Justice Commercial Division LSJ:jsh 2 of 2