On October 04, 2013 a
Order
was filed
involving a dispute between
Albert Perez
Individually And Derivatively On Behalf Of Total Computer Software Llc,
and
John Doe Corporation,
Total Computer Group, Llc,
Total Computers, Ltd.,
Total Computer Software Llc,
Total Computer Systems, Ltd.
D B A Total Computer Group,
Vincent Tedesco,
for Commercial Division
in the District Court of Suffolk County.
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FILED: SUFFOLK COUNTY CLERK 03/18/2016 12:25 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 03/18/2016
SHORT FORNI ORDER
E.FELE INDEX NO. 63193/2013
SUPREME COURT - STATE OF NEW YORK
COMMERCIAL DIVISION IAS PART 48 - SUFFOLK COUNTY
PRESENT:
HON. JERRY GARGUILO
SUPREME COURT JUSTICE ORDER DIRECTING
ALBERT PEREZ, individually and derivatively on behalf SUPERVISION OF DISCLOSURE
of TOTAL COMPUTER SOFTWARE, LLC, BY REFEREE
MOT. SEQS.002 & 003
Plaintiff,
-against-
PLAINTIFF'S ATTORNEY:
VINCENT TEDESCO, TOTAL COMPUTER TIMOTHY MCENANEY, ESQ.
I4 VANDERVENTE,RAVE, STE 250
SYSTEMS, LTD. dlbla TOTAL COMPUTER GROUP,
PORT WASHINGTON, NY 11050
TOTAL COMPUTER GROUP, LLC, TOTAL 516-767-6666
COMPUTERS, LTD. and JOHN DOE CORPORATION,
DEFENDANTS' ATTORNEY:
Defendants. ALSTON & BIRD, LLP
90 PARK AVENUE
NEW YORK, NY 10016
TOTAL COMPUTER SOFTWARD, LLC, 212-210-9400
Third ParU Plaintifl REFEREE:
ESSEKS, HEFTER & ANGEL, LLP'S
THEODORE D. SKLAR, ESQ.
-against-
108 EAST MAIN STREET
PO BOX 279
ALBERT PEREZ, RTVERHEAD,NY I19OI
PHONE: 631-369-1700
Third ParU Defendant. FAX: 631-369-2065
Before the Court are two petitions. The Notice of Motion (mot. seq. 002) by
Defendants and Third Party Plaintiff, seek an order granting Defendants and Third ParU
Plaintiff a protective order pursuant to CPLR $ 3103(a) and an order to compel pursuant to
CPLR 3124 against Plaintiff and Third party Defendant, Albert Perez.
Mot. seq. 003 is designated a Notice of Cross-Motion whereby Plaintiff/Third Party
Defendant Perez, seeks orders pursuant to CPLR $$ 3124 and 3126 dismissing Defendants'
complaint or in the alternative, precluding Defendants from introducing any evidence with
regard to outstanding discovery. Despite numerous Court conferences having been held to
resolve discovery issues, the parties continue to engage in protracted discovery. However,
1 of 2
PEREZ, ALBERT v. TEDESCO, VINCENT, ET AL AND TOTAL COMPATER SOFTWARE, V. PEREZ
INDEX NO.: 63193/2013
PAGE 2
some discovery issues have been resolved and have been memorialized in written form.
In its efforts to complete all open discovery conflicts, the Court directs, in accordance
with CPLR S 3104, that Theodore D. Sklar, Esq. be appointed as Referee to supervise all
remaining discovery issues.
Counsel are directed to contact the Referee herein appointed in connection with this
Order. Counsel shall provide the Referee with all orders andlor Stipulations currently in
effect.
The parties shall equally split the fees earned by the Referee. Once these disputes are
resolved, the Referee shall make an application forreasonable fees earned andthe Court shall
render an order accordingly.
The foregoing constitutes the decision and ORDER of this Court.
Dated: March 18,2016
2 of 2
Document Filed Date
March 18, 2016
Case Filing Date
October 04, 2013
Category
Commercial Division
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FILED: SUFFOLK COUNTY CLERK 03/18/2016 12:25 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 03/18/2016 SHORT FORNI ORDER E.FELE INDEX NO. 63193/2013 SUPREME COURT - STATE OF NEW YORK COMMERCIAL DIVISION IAS PART 48 - SUFFOLK COUNTY PRESENT: HON. JERRY GARGUILO SUPREME COURT JUSTICE ORDER DIRECTING ALBERT PEREZ, individually and derivatively on behalf SUPERVISION OF DISCLOSURE of TOTAL COMPUTER SOFTWARE, LLC, BY REFEREE MOT. SEQS.002 & 003 Plaintiff, -against- PLAINTIFF'S ATTORNEY: VINCENT TEDESCO, TOTAL COMPUTER TIMOTHY MCENANEY, ESQ. I4 VANDERVENTE,RAVE, STE 250 SYSTEMS, LTD. dlbla TOTAL COMPUTER GROUP, PORT WASHINGTON, NY 11050 TOTAL COMPUTER GROUP, LLC, TOTAL 516-767-6666 COMPUTERS, LTD. and JOHN DOE CORPORATION, DEFENDANTS' ATTORNEY: Defendants. ALSTON & BIRD, LLP 90 PARK AVENUE NEW YORK, NY 10016 TOTAL COMPUTER SOFTWARD, LLC, 212-210-9400 Third ParU Plaintifl REFEREE: ESSEKS, HEFTER & ANGEL, LLP'S THEODORE D. SKLAR, ESQ. -against- 108 EAST MAIN STREET PO BOX 279 ALBERT PEREZ, RTVERHEAD,NY I19OI PHONE: 631-369-1700 Third ParU Defendant. FAX: 631-369-2065 Before the Court are two petitions. The Notice of Motion (mot. seq. 002) by Defendants and Third Party Plaintiff, seek an order granting Defendants and Third ParU Plaintiff a protective order pursuant to CPLR $ 3103(a) and an order to compel pursuant to CPLR 3124 against Plaintiff and Third party Defendant, Albert Perez. Mot. seq. 003 is designated a Notice of Cross-Motion whereby Plaintiff/Third Party Defendant Perez, seeks orders pursuant to CPLR $$ 3124 and 3126 dismissing Defendants' complaint or in the alternative, precluding Defendants from introducing any evidence with regard to outstanding discovery. Despite numerous Court conferences having been held to resolve discovery issues, the parties continue to engage in protracted discovery. However, 1 of 2 PEREZ, ALBERT v. TEDESCO, VINCENT, ET AL AND TOTAL COMPATER SOFTWARE, V. PEREZ INDEX NO.: 63193/2013 PAGE 2 some discovery issues have been resolved and have been memorialized in written form. In its efforts to complete all open discovery conflicts, the Court directs, in accordance with CPLR S 3104, that Theodore D. Sklar, Esq. be appointed as Referee to supervise all remaining discovery issues. Counsel are directed to contact the Referee herein appointed in connection with this Order. Counsel shall provide the Referee with all orders andlor Stipulations currently in effect. The parties shall equally split the fees earned by the Referee. Once these disputes are resolved, the Referee shall make an application forreasonable fees earned andthe Court shall render an order accordingly. The foregoing constitutes the decision and ORDER of this Court. Dated: March 18,2016 2 of 2