On September 09, 2015 a
Motion-Secondary
was filed
involving a dispute between
Efrain Galicia,
Florencia Tejeda Perez,
Gonzalo Cruz Franco,
Johnny Garcia,
Miguel Villalobos,
and
Donald J Trump,
Donald J Trump For President Inc,
Edward Jon Deck Jr,
Gary Uher,
John Does 3-4,
Keith Schiller,
The Trump Organization Llc,
for Tort
in the District Court of Bronx County.
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FILED: BRONX COUNTY CLERK 02/25/2019 04:00 PM INDEX NO. 24973/2015E
NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 02/25/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------¬----------------------X
EFRAIN GALICIA, FLORENCIA TEJEDA PEREZ,
GONZALO CRUZ FRANCO, JOHNNY GARCIA &
MIGUEL VILLALOBOS, Index No. 24973/2015E
Plaintiffs,
AFFIRMATION OF
- against - LAWRENCE S. ROSEN
DONALD J. TRUMP, DONALD J.TRUMP FOR
PRESIDENT, INC., THE TRUMP ORGANIZATION LLC,
KEITH SCHILLER, GARY UHER, EDWARD JON DECK
JR and JOHN JOES 3-4,
Defendants.
------------------------------ X
STATE OF NEW YORK }
} ss:
COUNTY OF NEW YORK }
LAWRENCE S. ROSEN, an attorney duly admitted to practice before the Courts of the
State of New York, affirms under penalty of perjury as follows:
1. I am a partner of LaRocca Hornik Rosen Greenberg & Blaha LLP, attorneys for
defendants Donald J. Trump, Trump Organization LLC s/b/a The Trump Organization LLC, and
Keith Schiller, and am personally familiar with the facts and circumstances set forth herein.
defendants'
2. I submit this affirmation in support of order to show cause seeking an
plaintiffs'
Order (i) denying application to compel the testimony of President Donald J. Trump at
the trial of this action, and (ii) quashing the subpoena that plaintiffs directed to President Donald
J. Trump, pursuant to CPLR 2304.
plaintiffs'
3. Attached as Exhibit A is a true and correct copy of initial pleading.
plaintiffs'
4. Attached as Exhibit B is a true and correct copy of Second Amended
Complaint, the operative pleading.
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FILED: BRONX COUNTY CLERK 02/25/2019 04:00 PM INDEX NO. 24973/2015E
NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 02/25/2019
5. Attached as Exhibit C is a true and correct copy of the June 1, 2016 Order of the
defendañts'
Honorable Laura Douglas, J.S.C., granting motion for a protective order preventing
plaintiffs from deposing Donald J. Trump in his then capacity as Chairman of Trump Organization
plaintiffs'
LLC, and denying cross-motion to compel Donald J. Trump's pre-trial deposition.
6. Attached as Exhibit D is a true and correct copy of the August 31, 2016 Order of
plaintiffs'
the Honorable Fernando Tapia, J.S.C., dismissing claim for tortious interference with
political speech/prima facie tort.
plaintiffs'
7. Attached as Exhibit E is a true and correct copy of Note of Issue and
Certificate of Readiness for Trial.
8. Attached as Exhibit F is a true and correct copy of the August 21, 2018 Order of
defendants'
the Honorable Fernando Tapia, J.S.C., granting respective summary judgment
plaintiffs'
motions, in part, and dismissing claims for negligent hiring and retention, and negligent
supervision.
plaintiffs'
9. Attached as Exhibit G is a true and correct copy of December 28, 2018
letter transmitting a subpoena directed to President Donald J. Trump.
10. Attached as Exhibit H is a true and correct copy of the undersigned's January 11,
plaintiffs'
2019 letter rejecting subpoena under CPLR 2101(d).
11. Attâched as Exhibit I is a true and correct copy of the order to show cause that
plaintiffs filed on January 30, 2019, seeking to compel President Trump to testify in person at the
trial of this action, which is currently scheduled to commence on March 6, 2019.
12. Attached as Exhibit J is a true and correct copy of the February 8, 2019 Order of
plaintiffs'
the Honorable Doris M. Gonzalez, J.S.C. declining to sign order to show cause.
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FILED: BRONX COUNTY CLERK 02/25/2019 04:00 PM INDEX NO. 24973/2015E
NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 02/25/2019
13. Defendants respectfully request that the instant application be assigned to the trial
judge that will be assigned to the trialof this action.
14. No previous application has been made for the relief requested herein.
Dated: New York, New York
February 25, 2019
LAWREN S. R SEN
3
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Document Filed Date
February 25, 2019
Case Filing Date
September 09, 2015
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FILED: BRONX COUNTY CLERK 02/25/2019 04:00 PM INDEX NO. 24973/2015E NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 02/25/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------¬----------------------X EFRAIN GALICIA, FLORENCIA TEJEDA PEREZ, GONZALO CRUZ FRANCO, JOHNNY GARCIA & MIGUEL VILLALOBOS, Index No. 24973/2015E Plaintiffs, AFFIRMATION OF - against - LAWRENCE S. ROSEN DONALD J. TRUMP, DONALD J.TRUMP FOR PRESIDENT, INC., THE TRUMP ORGANIZATION LLC, KEITH SCHILLER, GARY UHER, EDWARD JON DECK JR and JOHN JOES 3-4, Defendants. ------------------------------ X STATE OF NEW YORK } } ss: COUNTY OF NEW YORK } LAWRENCE S. ROSEN, an attorney duly admitted to practice before the Courts of the State of New York, affirms under penalty of perjury as follows: 1. I am a partner of LaRocca Hornik Rosen Greenberg & Blaha LLP, attorneys for defendants Donald J. Trump, Trump Organization LLC s/b/a The Trump Organization LLC, and Keith Schiller, and am personally familiar with the facts and circumstances set forth herein. defendants' 2. I submit this affirmation in support of order to show cause seeking an plaintiffs' Order (i) denying application to compel the testimony of President Donald J. Trump at the trial of this action, and (ii) quashing the subpoena that plaintiffs directed to President Donald J. Trump, pursuant to CPLR 2304. plaintiffs' 3. Attached as Exhibit A is a true and correct copy of initial pleading. plaintiffs' 4. Attached as Exhibit B is a true and correct copy of Second Amended Complaint, the operative pleading. 1 of 3 FILED: BRONX COUNTY CLERK 02/25/2019 04:00 PM INDEX NO. 24973/2015E NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 02/25/2019 5. Attached as Exhibit C is a true and correct copy of the June 1, 2016 Order of the defendañts' Honorable Laura Douglas, J.S.C., granting motion for a protective order preventing plaintiffs from deposing Donald J. Trump in his then capacity as Chairman of Trump Organization plaintiffs' LLC, and denying cross-motion to compel Donald J. Trump's pre-trial deposition. 6. Attached as Exhibit D is a true and correct copy of the August 31, 2016 Order of plaintiffs' the Honorable Fernando Tapia, J.S.C., dismissing claim for tortious interference with political speech/prima facie tort. plaintiffs' 7. Attached as Exhibit E is a true and correct copy of Note of Issue and Certificate of Readiness for Trial. 8. Attached as Exhibit F is a true and correct copy of the August 21, 2018 Order of defendants' the Honorable Fernando Tapia, J.S.C., granting respective summary judgment plaintiffs' motions, in part, and dismissing claims for negligent hiring and retention, and negligent supervision. plaintiffs' 9. Attached as Exhibit G is a true and correct copy of December 28, 2018 letter transmitting a subpoena directed to President Donald J. Trump. 10. Attached as Exhibit H is a true and correct copy of the undersigned's January 11, plaintiffs' 2019 letter rejecting subpoena under CPLR 2101(d). 11. Attâched as Exhibit I is a true and correct copy of the order to show cause that plaintiffs filed on January 30, 2019, seeking to compel President Trump to testify in person at the trial of this action, which is currently scheduled to commence on March 6, 2019. 12. Attached as Exhibit J is a true and correct copy of the February 8, 2019 Order of plaintiffs' the Honorable Doris M. Gonzalez, J.S.C. declining to sign order to show cause. 2 2 of 3 FILED: BRONX COUNTY CLERK 02/25/2019 04:00 PM INDEX NO. 24973/2015E NYSCEF DOC. NO. 352 RECEIVED NYSCEF: 02/25/2019 13. Defendants respectfully request that the instant application be assigned to the trial judge that will be assigned to the trialof this action. 14. No previous application has been made for the relief requested herein. Dated: New York, New York February 25, 2019 LAWREN S. R SEN 3 3 of 3