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FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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KLIGER-WEISS INFOSYSTEMS INC., Index No. 600132/2021
Plaintiff/Counter-Defendant,
v
BEDROCK MANUFACTURING COMPANY, LLC,
Defendant/Counter-Plaintiff.
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DEFENDANT/COUNTER-PLAINTIFF, BEDROCK MANUFACTURING COMPANY,
LLC’S, FIRST NOTICE FOR DISCOVERY AND INSPECTION OF DOCUMENTS TO
PLAINTIFF/COUNTER-DEFENDANT, KLIGER-WEISS INFOSYSTEMS INC.
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FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021
Defendant/Counter-Plaintiff, Bedrock Manufacturing Company, LLC (“BMC”), by and
through its attorneys, Morganroth & Morganroth, PLLC, hereby submits its First Notice of
Discovery and Inspection to Plaintiff/Counter-Defendant, Kliger-Weiss Infosystems Inc.
(“KWI”), pursuant to CPLR 3120(1) and requests KWI to produce and/or otherwise permit the
copying of all Documents (as that term is defined herein) and tangible things, including Documents
in their native electronic format, as described below, at the law offices of Morganroth &
Morganroth, PLLC, located at 344 North Old Woodward Avenue, Suite 200, Birmingham,
Michigan 48009, within twenty (20) days of the date of service hereof.
DEFINITIONS
The term “Documents” shall include, without limitation, letters, drawings, pictograms, emojis,
words, pictures, sounds, symbols, correspondence, memoranda, notes, agreements, records,
writings, certificates, commitment letters, letter agreements, promissory notes, assignments,
authorizations, settlements, consents, notices, addenda, confirmations, requests, demands,
receipts, statements, invoices, books, reports, files, papers, forms, registers, lists, instruments,
ledgers, financial statements, balance sheets, audits, income statements, vouchers, journals, check
stubs, checks, licenses, minutes, resolutions, organizational documents, graphs, charts,
photographs, phonorecordings, video recordings, tapes, transcripts, e-mails, text messages, instant
messages, social media messages, computer disks and other data compilations from which
information can be obtained and translated, if necessary, by KWI, through detection devices into
reasonably useable form). The term “Documents” shall include, without limitation, all drafts and
non-final versions, alterations, modifications and amendments to any of the foregoing, and include
all “Communications.”
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The term “Communications” shall mean or refer to any contact of any nature, whether
written or oral, from one person to another, and includes, without limitation, written contact by
means such as letters, memoranda, emails, text massages, Facebook messages, LinkedIn messages,
WhatsApp messages, BOTIM messages, Discord messages, YouTube videos, TikTok videos,
SnapChat videos, any other social media video, any other social media post, other electronic files,
or oral contact including, without limitation, face-to-face meetings, telephone conversations and
voice mail messages. A “Document” or thing transferred, whether temporarily or permanently,
from one person to another shall be deemed to be a Communication between such persons whether
or not such Document or thing was prepared or created by the transferor or addressed to the
transferee.
The term “Identify” when requesting information means to list and describe all of the
information requested, when referring to a Communication means to state the date, author,
recipient, manner and nature/substance, and when referring to a person or category of persons
means to state the full name of each person, last title/position, duties and responsibilities, and their
contact information.
The term “You” shall mean KWI.
The term “Contract” means the March 15, 2018 contract between KWI and BMC.
The “POS System” means the mobile point of sale system which was the subject of the
Contract.
The term “Relate To” means to constitute, contain, relate to, refer to, reflect, evidence,
reference, touch upon, discuss, mention, concern, pertain to, support, contradict, summarize,
analyze or in any way logically or factually connect with the matter discussed.
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DOCUMENT REQUESTS
PLEASE PRODUCE THE FOLLOWING DOCUMENTS:
DOCUMENT REQUEST 1: All Documents that Relate To any of the allegations set forth
in the KWI’s Complaint.
RESPONSE:
DOCUMENT REQUEST 2: All Documents that Relate To any of the allegations set forth
in BMC’s Counterclaims.
RESPONSE:
DOCUMENT REQUEST 3: All Documents that Relate To the anticipated testimony of
any witness KWI may call to testify in this matter.
RESPONSE:
DOCUMENT REQUEST 4: All exhibits that KWI intends to, expects to and/or
contemplates to use for any purpose during the proceedings or at trial in this matter.
RESPONSE:
DOCUMENT REQUEST 5: All Documents that Relate To any Affirmative Defense
raised by KWI.
RESPONSE:
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DOCUMENT REQUEST 6: All Documents that Relate To negotiations between
representative of KWI, on the one hand, and representatives of BMC, on the other hand with
respect to the Contract.
RESPONSE:
DOCUMENT REQUEST 7: All Documents that Relate To the planning, development,
coding and implementation of the POS System on behalf of BMC.
RESPONSE:
DOCUMENT REQUEST 8: All Documents that Relate To each item listed on Schedule
A of the Contract.
RESPONSE:
DOCUMENT REQUEST 9: All invoices from KWI to BMC.
ANSWER:
DOCUMENT REQUEST 10: All online reports which KWI provided to BMC.
RESPONSE:
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DOCUMENT REQUEST 11: All Documents that Relate To KWI’s institutional
knowledge and experience as of March 15, 2018 (and each date upon which KWI represented to
BMC its knowledge and experience) with respect to integrating (a) Microsoft Dynamics AX 2012;
(b) Salesforce; and (c) Magento, separately or in any combination, with KWI’s software.
RESPONSE:
DOCUMENT REQUEST 12: All Communications involving any agent or representative
of BMC which Relates To any problem, defect or issue with the planning, development, coding or
implementation of the POS System on behalf of BMC.
RESPONSE:
DOCUMENT REQUEST 13: All Documents that Relate To KWI’s denials of Paragraphs
(or portions of Paragraphs) 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 28,
29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 44, 45, 46, 47, 38, 50, 51, 52, 53, 55, 56, 57,
58, 59, 60 and 61 of BMC’s Counterclaims.
RESPONSE:
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DOCUMENT REQUEST 14: All Documents that Relate To the computation and amount
of each category of KWI’s alleged damages.
RESPONSE:
Respectfully submitted,
MORGANROTH & MORGANROTH, PLLC
/s/ Jeffrey B. Morganroth
JEFFREY B. MORGANROTH
EMILY K. RAYMOND
Attorneys for Defendant/Counter-Plaintiff
MORGANROTH & MORGANROTH, PLLC
344 North Old Woodward, Suite 200
Birmingham, MI 48009
167 East 61st Street, #23A
New York, New York 10065
248-864-4000
Dated: March 29, 2021 jmorganroth@morganrothlaw.com
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FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------x KLIGER-WEISS INFOSYSTEMS INC., Index No. 600132/2021 Plaintiff/Counter-Defendant, v BEDROCK MANUFACTURING COMPANY, LLC, Defendant/Counter-Plaintiff. ----------------------------------------------------------------x DEFENDANT/COUNTER-PLAINTIFF, BEDROCK MANUFACTURING COMPANY, LLC’S, FIRST NOTICE FOR DISCOVERY AND INSPECTION OF DOCUMENTS TO PLAINTIFF/COUNTER-DEFENDANT, KLIGER-WEISS INFOSYSTEMS INC. 1 of 7 FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021 Defendant/Counter-Plaintiff, Bedrock Manufacturing Company, LLC (“BMC”), by and through its attorneys, Morganroth & Morganroth, PLLC, hereby submits its First Notice of Discovery and Inspection to Plaintiff/Counter-Defendant, Kliger-Weiss Infosystems Inc. (“KWI”), pursuant to CPLR 3120(1) and requests KWI to produce and/or otherwise permit the copying of all Documents (as that term is defined herein) and tangible things, including Documents in their native electronic format, as described below, at the law offices of Morganroth & Morganroth, PLLC, located at 344 North Old Woodward Avenue, Suite 200, Birmingham, Michigan 48009, within twenty (20) days of the date of service hereof. DEFINITIONS The term “Documents” shall include, without limitation, letters, drawings, pictograms, emojis, words, pictures, sounds, symbols, correspondence, memoranda, notes, agreements, records, writings, certificates, commitment letters, letter agreements, promissory notes, assignments, authorizations, settlements, consents, notices, addenda, confirmations, requests, demands, receipts, statements, invoices, books, reports, files, papers, forms, registers, lists, instruments, ledgers, financial statements, balance sheets, audits, income statements, vouchers, journals, check stubs, checks, licenses, minutes, resolutions, organizational documents, graphs, charts, photographs, phonorecordings, video recordings, tapes, transcripts, e-mails, text messages, instant messages, social media messages, computer disks and other data compilations from which information can be obtained and translated, if necessary, by KWI, through detection devices into reasonably useable form). The term “Documents” shall include, without limitation, all drafts and non-final versions, alterations, modifications and amendments to any of the foregoing, and include all “Communications.” 2 2 of 7 FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021 The term “Communications” shall mean or refer to any contact of any nature, whether written or oral, from one person to another, and includes, without limitation, written contact by means such as letters, memoranda, emails, text massages, Facebook messages, LinkedIn messages, WhatsApp messages, BOTIM messages, Discord messages, YouTube videos, TikTok videos, SnapChat videos, any other social media video, any other social media post, other electronic files, or oral contact including, without limitation, face-to-face meetings, telephone conversations and voice mail messages. A “Document” or thing transferred, whether temporarily or permanently, from one person to another shall be deemed to be a Communication between such persons whether or not such Document or thing was prepared or created by the transferor or addressed to the transferee. The term “Identify” when requesting information means to list and describe all of the information requested, when referring to a Communication means to state the date, author, recipient, manner and nature/substance, and when referring to a person or category of persons means to state the full name of each person, last title/position, duties and responsibilities, and their contact information. The term “You” shall mean KWI. The term “Contract” means the March 15, 2018 contract between KWI and BMC. The “POS System” means the mobile point of sale system which was the subject of the Contract. The term “Relate To” means to constitute, contain, relate to, refer to, reflect, evidence, reference, touch upon, discuss, mention, concern, pertain to, support, contradict, summarize, analyze or in any way logically or factually connect with the matter discussed. 3 3 of 7 FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021 DOCUMENT REQUESTS PLEASE PRODUCE THE FOLLOWING DOCUMENTS: DOCUMENT REQUEST 1: All Documents that Relate To any of the allegations set forth in the KWI’s Complaint. RESPONSE: DOCUMENT REQUEST 2: All Documents that Relate To any of the allegations set forth in BMC’s Counterclaims. RESPONSE: DOCUMENT REQUEST 3: All Documents that Relate To the anticipated testimony of any witness KWI may call to testify in this matter. RESPONSE: DOCUMENT REQUEST 4: All exhibits that KWI intends to, expects to and/or contemplates to use for any purpose during the proceedings or at trial in this matter. RESPONSE: DOCUMENT REQUEST 5: All Documents that Relate To any Affirmative Defense raised by KWI. RESPONSE: 4 4 of 7 FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021 DOCUMENT REQUEST 6: All Documents that Relate To negotiations between representative of KWI, on the one hand, and representatives of BMC, on the other hand with respect to the Contract. RESPONSE: DOCUMENT REQUEST 7: All Documents that Relate To the planning, development, coding and implementation of the POS System on behalf of BMC. RESPONSE: DOCUMENT REQUEST 8: All Documents that Relate To each item listed on Schedule A of the Contract. RESPONSE: DOCUMENT REQUEST 9: All invoices from KWI to BMC. ANSWER: DOCUMENT REQUEST 10: All online reports which KWI provided to BMC. RESPONSE: 5 5 of 7 FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021 DOCUMENT REQUEST 11: All Documents that Relate To KWI’s institutional knowledge and experience as of March 15, 2018 (and each date upon which KWI represented to BMC its knowledge and experience) with respect to integrating (a) Microsoft Dynamics AX 2012; (b) Salesforce; and (c) Magento, separately or in any combination, with KWI’s software. RESPONSE: DOCUMENT REQUEST 12: All Communications involving any agent or representative of BMC which Relates To any problem, defect or issue with the planning, development, coding or implementation of the POS System on behalf of BMC. RESPONSE: DOCUMENT REQUEST 13: All Documents that Relate To KWI’s denials of Paragraphs (or portions of Paragraphs) 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 44, 45, 46, 47, 38, 50, 51, 52, 53, 55, 56, 57, 58, 59, 60 and 61 of BMC’s Counterclaims. RESPONSE: 6 6 of 7 FILED: NASSAU COUNTY CLERK 03/29/2021 02:45 PM INDEX NO. 600132/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/29/2021 DOCUMENT REQUEST 14: All Documents that Relate To the computation and amount of each category of KWI’s alleged damages. RESPONSE: Respectfully submitted, MORGANROTH & MORGANROTH, PLLC /s/ Jeffrey B. Morganroth JEFFREY B. MORGANROTH EMILY K. RAYMOND Attorneys for Defendant/Counter-Plaintiff MORGANROTH & MORGANROTH, PLLC 344 North Old Woodward, Suite 200 Birmingham, MI 48009 167 East 61st Street, #23A New York, New York 10065 248-864-4000 Dated: March 29, 2021 jmorganroth@morganrothlaw.com 7 7 of 7