On June 28, 2012 a
Party Discovery
was filed
involving a dispute between
Schindler Elevator Corporation,
and
Sarasota Gold Llc,
for Commercial (General)
in the District Court of New York County.
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(FILED: NEW|YORK COUNTY CLERK 12/05/2013) INDEX NO. 652272/2012
NYSCEF DOC. NO4! 53 RECEIVED NYSCEF 12/05/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--- ~--------------- +--+
SCHINDLER ELEVATOR CORPORATION, Index No. 652272/12
Plaintiff,
NOTICE OF MOTION
-against-— TO QUASH SUBPOENA
AND/OR FOR A
SARASOTA GOLD LLC, PROTECTIVE ORDER
Defendant.
--------+ ------- +e ---- -X
SIRS
PLEASE TAKE NOTICE that, upon the annexed Good Faith
Affirmation of Edward Weissman, dated December 4, 2013, and the
exhibit annexed thereto, and the Affirmation of Edward Weissman,
dated December 4, 2013, and the exhibits annexed thereto; and upon
all prior papers, pleadings and proceedings heretofore had herein,
plaintiff Schindler Elevator Corporation will move this Court, at
a Motion Term of the Supreme Court, New York County, Supreme
Courthouse, 60 Centre Street, New York, New York 10007, Courtroom
130, on the 23%4 day of December, 2013, at 9:30 o’clock in the
forenoon of that day or as soon thereafter as counsel can be
heard, for an Order as follows:
(a) Quashing the Subpoena Duces Tecum and/or granting a
protective Order against the Subpoena Duces Tecum prepared by the
defendant and directed to Actsoft, Inc., a non-party maintaining
offices in Tampa, Florida, on the grounds that: (i) the Subpoena
Duces Tecum is patently over broad, improper and calls for the
production of records which are not relevant or material to the
issues involved in this lawsuit and not calculated to lead to the
discovery of admissible evidence; (ii) the Subpoena Duces Tecum
was not served in accordance with proper procedure since a New
York Subpoena cannot be served in Florida without having a
commission obtained from this Court by which the Subpoena is to
issue out of the courts of Florida;
(b) Assessing the defendant with all monetary costs and
sanctions attendant to the service of a patently improper Subpoena
Duces Tecum; together with such other further and different relief
as to the Court may seem just and proper
PLEASE TAKE FURTHER NOTICE that, opposition papers, if
any, shall be served upon the undersigned so as to be received at
least seven (7) days prior to the return date of this motion
Dated: New York, New York
December 4 2013
Ks, fi
Attorney for Plaintiff
Schindler Elevator Corporation
Office and P.O. Address
60 East 42° Street, Suite 557
New York, New York 10165
(212) 937-1520
(C:\COMPANY SHARED\WEISSHDW\YG\CLIENTS\SCHINDLER\SARASOTA GOLD\SCHINOLER. V. SARASOTA, NOTICE. OF , MOTION. 70. QUASH. SUBPOENA. AND, OF. FOR. A, PROTECTIVE. ORDER. DOC
Document Filed Date
December 05, 2013
Case Filing Date
June 28, 2012
Category
Commercial (General)
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(FILED: NEW|YORK COUNTY CLERK 12/05/2013) INDEX NO. 652272/2012 NYSCEF DOC. NO4! 53 RECEIVED NYSCEF 12/05/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --- ~--------------- +--+ SCHINDLER ELEVATOR CORPORATION, Index No. 652272/12 Plaintiff, NOTICE OF MOTION -against-— TO QUASH SUBPOENA AND/OR FOR A SARASOTA GOLD LLC, PROTECTIVE ORDER Defendant. --------+ ------- +e ---- -X SIRS PLEASE TAKE NOTICE that, upon the annexed Good Faith Affirmation of Edward Weissman, dated December 4, 2013, and the exhibit annexed thereto, and the Affirmation of Edward Weissman, dated December 4, 2013, and the exhibits annexed thereto; and upon all prior papers, pleadings and proceedings heretofore had herein, plaintiff Schindler Elevator Corporation will move this Court, at a Motion Term of the Supreme Court, New York County, Supreme Courthouse, 60 Centre Street, New York, New York 10007, Courtroom 130, on the 23%4 day of December, 2013, at 9:30 o’clock in the forenoon of that day or as soon thereafter as counsel can be heard, for an Order as follows: (a) Quashing the Subpoena Duces Tecum and/or granting a protective Order against the Subpoena Duces Tecum prepared by the defendant and directed to Actsoft, Inc., a non-party maintaining offices in Tampa, Florida, on the grounds that: (i) the Subpoena Duces Tecum is patently over broad, improper and calls for the production of records which are not relevant or material to the issues involved in this lawsuit and not calculated to lead to the discovery of admissible evidence; (ii) the Subpoena Duces Tecum was not served in accordance with proper procedure since a New York Subpoena cannot be served in Florida without having a commission obtained from this Court by which the Subpoena is to issue out of the courts of Florida; (b) Assessing the defendant with all monetary costs and sanctions attendant to the service of a patently improper Subpoena Duces Tecum; together with such other further and different relief as to the Court may seem just and proper PLEASE TAKE FURTHER NOTICE that, opposition papers, if any, shall be served upon the undersigned so as to be received at least seven (7) days prior to the return date of this motion Dated: New York, New York December 4 2013 Ks, fi Attorney for Plaintiff Schindler Elevator Corporation Office and P.O. Address 60 East 42° Street, Suite 557 New York, New York 10165 (212) 937-1520 (C:\COMPANY SHARED\WEISSHDW\YG\CLIENTS\SCHINDLER\SARASOTA GOLD\SCHINOLER. V. SARASOTA, NOTICE. OF , MOTION. 70. QUASH. SUBPOENA. AND, OF. FOR. A, PROTECTIVE. ORDER. DOC