On August 10, 2018 a
Letter,Correspondence
was filed
involving a dispute between
Sinar Seen
Individually And As Administrator Of The Estate Of Munir Seen, Deceased,
and
84 Lumber Company,
Aerco International, Inc.,
Algoma Hardwoods, Inc.,
Benjamin Moore & Company,
Bmce Inc., In Itself And As Successor To United Centrifugal Pump Co.,
Cbs Corporation, A Delaware Corporation, F K A Viacom Inc., Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation,
Certain-Teed Corporation,
Conwed Corporation,
Crane Co.,
Dap, Inc. N K A La Mirada Products, Inc.,
Foster Wheeler Energy Corporation,
General Electric Company,
Industrial Holdings Corporation F K A The Carborundum Company,
Ingersoll-Rand Company,
Ipa Systems, Inc.,
John Crane Inc.,
John Doe 1 Through John Doe 75,
Kaiser Gypsum Company, Inc.,
Kelly Moore Paint Company Inc.,
Mario & Dibono Fireproofing Corp.,
Mario & Dibono Plastering Co. Inc.,
Mckesson Corporation,
Metropolitan Life Insurance Company,
Pfizer, Inc.,
Sherwin-Williams Automotive Finishes Corporation,
Simpson Timber Company,
Tishman Construction Company,
Turner Construction Company,
Union Carbide Corporation,
U.S. Plywood A K A International Paper Company,
Weyerhaeuser Company,
for Torts - Asbestos
in the District Court of New York County.
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MCGIVNEY, KLUGER & COOK, P.C.
A COMMITMENT TO EXCELLENCE
23"°
80 BROAD STREET, FLOOR
NEW YORK, NEW YORK 10004
509-3456 - TELEPHONE
(212)
509-4420 - FACSIMH,E
(212)
www.mkclaw.us.com
November 21, 2019
Via Electronic Filing and Facsimile
Honorable Manuel J. Mendez, J.S.C.
New York County Supreme Court
60 Centre Street, Part 13
New York. NY 10007
Facsimile: 212-884-8975
Re: Munir Seen v. 84 Lumber Company, et at
Index No.: 190225/2013
We are the attorneys for the IPA Inc. (IPA in the above-
defêñd=t, Systems, Systems)
referenced matter.
This letter is in reply to a letter filed with the Court by Sarah Schaeffer-Roth of Lewis
Brisbois Bisgaard & Smith, on behalf of third-party defendant, Kaiser Gypsum.
In their letter, dated November 8, 2019, Counsel for Kaiser joined Weyerhaêüser's
Systems'
Opposition to IPA Monon to Compel (Motion Sequence #6). However, for reas0ñs
enumerated below, this application to join in Weyerhaeuser's Opposition should be denied.
Firstly, Kaiser was never the subject of a motion to compel and therefore can not join in
Weyerhacuscr's opposinon to compulsion. Sec0ñdly, Kaiser's letter application was filed on
November 8, 2019, after the instant motion was fully submitted, and, in fact, after oral
arguments. As such, said application is procedurally time barred as late. Consequently, Kaiser's
letter application to join opposinon to a motion to compel to which Kaiser is not a party and filed
after oral arguments is procedurally defective and should not be entertain by this Court.
Secondly, this letter is substantively without any merit as Kaiser has no standing or
interest in said Motion. Kaiser is not a similarly situated to Weyerhacuser. Weyerhaeuser is a
settled dehd=± Kaiser is a defcñdant to IPA Systems and as of
third-party third-party action,
the Court's decision of November 8, 2019, denying Kaiser's Motion to Dismiss, they are
defendants to the main action as well. As such, they are not in any position to join a
BUFFALO,NY FIDRHAM PARK, NJ FT LAUDERDALE,FL HARTFORD,CT LOS ANGELES,CA
(716) 626-3583 (973) 822-1110 (954) 848-3681 (860) 404-3000 (213) 995-2001
NEW YORK, NY PHILADELPHIA,PA SAINT LDUIS, Mo SPARTA,NJ SYRACUSE,NY WILMINGTON, DE
(212) 509-3456 (215) 557-1990 (314) 571-4332 (973) 726-4958 (315) 473-9648 (302) 656-1200
{N0928470-2}
Weyerheeser's opposition which was completely based on Weyerhaeuser assertion that they
were di=inced dcfcñdst, with a signed Stipulation of Discontiñüance.
Notably, IPA Systems currently has a Notice of Deposition pending against Kaiser, as
well cantimrd needs to which IPA Systems intends to pursue. as a
as, discovery Therefore,
matter of form, we would ask the Court to deny Kaiser's letter application, and picclude them
Systems'
from the Court's decision denying IPA Motion to Compel.
Thank you for your attention, and shodd Your Honor have any questions, do not hesitate
to please have someone from your -h=hers contact us.
Very truly yours,
McGIVNEY, KLUGER & COOK, P.C.
Nicholas P Iannuzzi, Esq.
cc:
(via electronic filing)
All Remaidng Parties to this Action
{N0928470-2} 2
Preview
MCGIVNEY, KLUGER & COOK, P.C. A COMMITMENT TO EXCELLENCE 23"° 80 BROAD STREET, FLOOR NEW YORK, NEW YORK 10004 509-3456 - TELEPHONE (212) 509-4420 - FACSIMH,E (212) www.mkclaw.us.com November 21, 2019 Via Electronic Filing and Facsimile Honorable Manuel J. Mendez, J.S.C. New York County Supreme Court 60 Centre Street, Part 13 New York. NY 10007 Facsimile: 212-884-8975 Re: Munir Seen v. 84 Lumber Company, et at Index No.: 190225/2013 We are the attorneys for the IPA Inc. (IPA in the above- defêñd=t, Systems, Systems) referenced matter. This letter is in reply to a letter filed with the Court by Sarah Schaeffer-Roth of Lewis Brisbois Bisgaard & Smith, on behalf of third-party defendant, Kaiser Gypsum. In their letter, dated November 8, 2019, Counsel for Kaiser joined Weyerhaêüser's Systems' Opposition to IPA Monon to Compel (Motion Sequence #6). However, for reas0ñs enumerated below, this application to join in Weyerhaeuser's Opposition should be denied. Firstly, Kaiser was never the subject of a motion to compel and therefore can not join in Weyerhacuscr's opposinon to compulsion. Sec0ñdly, Kaiser's letter application was filed on November 8, 2019, after the instant motion was fully submitted, and, in fact, after oral arguments. As such, said application is procedurally time barred as late. Consequently, Kaiser's letter application to join opposinon to a motion to compel to which Kaiser is not a party and filed after oral arguments is procedurally defective and should not be entertain by this Court. Secondly, this letter is substantively without any merit as Kaiser has no standing or interest in said Motion. Kaiser is not a similarly situated to Weyerhacuser. Weyerhaeuser is a settled dehd=± Kaiser is a defcñdant to IPA Systems and as of third-party third-party action, the Court's decision of November 8, 2019, denying Kaiser's Motion to Dismiss, they are defendants to the main action as well. As such, they are not in any position to join a BUFFALO,NY FIDRHAM PARK, NJ FT LAUDERDALE,FL HARTFORD,CT LOS ANGELES,CA (716) 626-3583 (973) 822-1110 (954) 848-3681 (860) 404-3000 (213) 995-2001 NEW YORK, NY PHILADELPHIA,PA SAINT LDUIS, Mo SPARTA,NJ SYRACUSE,NY WILMINGTON, DE (212) 509-3456 (215) 557-1990 (314) 571-4332 (973) 726-4958 (315) 473-9648 (302) 656-1200 {N0928470-2} Weyerheeser's opposition which was completely based on Weyerhaeuser assertion that they were di=inced dcfcñdst, with a signed Stipulation of Discontiñüance. Notably, IPA Systems currently has a Notice of Deposition pending against Kaiser, as well cantimrd needs to which IPA Systems intends to pursue. as a as, discovery Therefore, matter of form, we would ask the Court to deny Kaiser's letter application, and picclude them Systems' from the Court's decision denying IPA Motion to Compel. Thank you for your attention, and shodd Your Honor have any questions, do not hesitate to please have someone from your -h=hers contact us. Very truly yours, McGIVNEY, KLUGER & COOK, P.C. Nicholas P Iannuzzi, Esq. cc: (via electronic filing) All Remaidng Parties to this Action {N0928470-2} 2