Party Discovery: Unique Logistics International (Nyc) Llc v. Pem-America, Inc.

On May 23, 2018 a Party Discovery was filed involving a dispute between Unique Logistics International, and Pem-America, Inc., for Commercial - Contract in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 07/17/2018 06:48 PM INDEX NO. 652583/2018
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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UNIQUE LOGISTICS INTERNATIONAL (NYC), LLC,
Index No: 652583/2018

Plaintiff,

-against-

PEM-AMERICA, INC.,

Defendant.

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PLEASE TAKE NOTICE, UNIQUE LOGISTICS INTERNATIONAL (NYC), LLC (the

"Plaintiff' 23"1
"Plaintiff"), by itsattorneys, Ross & Asmar LLC, 499 Seventh Avenue, Floor South, New

York, NY 10018, hereby demands pursuant to the CPLR that Defendant responds to this demand

for interrogatories within twenty (20) days after service of this notice:

DEFINITIONS

"communication"
1. Communication. The term means the transmittal and/or receipt of

information, in the form of facts, ideas, inquiries or otherwise, whether oral or written, by

letter, word, sound, symbol, picture or combination thereof and specifically includes

conversations in person, by telephone, or by means of a document.

"document"
2. Document. The term is used herein in its customary broad sense and includes

all documents, writings, and things of any nature, including, without limitation,

communications, correspondence, telexes, memoranda, notes, writings, bills, invoices,

receipts, canceled checks, entries in a general ledger, telephone bills,logs and messages

reflecting telephone calls, mailing lists,drawings, graphs, specifications, charts,

photographs, cassette tapes, video tapes, films, computer disks, computer tapes,

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telegrams, contracts, agreements, purchase orders, acknowledgments, notes, pencil

jottings, recorded recollections, memoranda pads, calendars, desk calendars, diaries,

facsimiles, facsimile transmittal and confirmation reports and sheets, notebooks, work

sheets, activity sheets, reports, records, study papers, working papers, books, log books,

production logs, "e-mail", disks, diskettes, floppy disks, hard disks, back-up tapes,

information stored on a computer hard drive, magnetic tapes, as well as any other data

compilation from which information can be obtained, which shall be translated into

reasonably readable form, print-outs sound recordings, UPS, Federal Express or other

courier receipts, and other documents, writings and things, including all writings which

record, memorialize, summarize or refer to oral communications or which were prepared

in advance of any oral communications, and any and all copies of the above, whether in

final or in draft form, including each copy or reproduction which differs from the original

or from any other copy or reproduction, physical objects, and any other writing, printing,

recorded or taped matter, or anything of any kind or description.

"Plaintiff" "Unique" "ULI"
3. Unique Logistics International (NYC), LLC. or or means the

Plaintiff Unique Logistics International (NYC), LLC, and any of its owners, members,

managers, shareholders, officers, directors, employees, independent contractors or any

representatives or successors and allpersons acting or purporting to act on behalf of or

who are subject to the direction or control of Unique Logistics International (NYC), LLC.

"Plaintiff" "Unique" "ULI"
or or shall include Unique's affiliate in India, Unique

Logistics International (India) Pvt. Ltd.

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"Defendant" "PEM"
4. PEM-America, Inc. or means Defendant PEM-America, Inc., and

any of its owners, members, managers, shareholders, officers, directors, employees,

independent contractors or any representatives or successors and all persons acting or

to act on behalf of or who are subject to the direction or control of PEM-
purporting

America, Inc.

"you" "your"
5. You/Your. The terms and refers to defendant PEM-America, Inc., and each

of its officers, directors, respective agents, representatives, employees, advisors,

attorneys, independent contractors, predecessors, successors and assigns, and all other

persons acting for or on behalf of any one or more of them.

"person"
6. Person. The term is defined as any natural person or any business, legal or

governmental entity or association.

"concerning"
7. Concerning. The term means relating to, referring to, describing,

evidencing or constituting.

to"
8. "Relating to", "referring and/or "concerning". The terms "relating to", "referring

to" "concerning"
and/or shall mean directly or indirectly, in whole or in part, constituting,

evidencing, showing, recording, a substantiating, describing, analyzing, summarizing,

identifying, reflecting, arising from, connected with, commenting on, responding to, or in

any way having a logical or factual connection with the matter at issue.

INSTRUCTIONS

1. If you claim any ambiguity in interpreting any request or any definition or instruction

applicable to any request, you may not use such a claim as a basis for refusing to respond to

the request, but shall respond to the request applying the broadest interpretation.

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2. Where documents in the possession of a legal entity is requested, such request includes the

entity's employees, advisors, attorneys, representatives, agents, officers, directors,

independent contractors, successors and assigns, and all other persons acting for on behalf of

any one or more of them.

3. The requests set forth herein are deemed to be continuing so as to require supplemental

responses if you discover additional information between the time of your original response

and the time of the final hearing or trial held in this action.

4. These interrogatory demands are intended to and do cover all documents and electronically

stored information in your possession, custody or control. These interrogatory demands also

are intended to and do cover any and all documents and electronically stored information you

are authorized to retrieve.

5. Each request for a document or electronically stored information contemplates production of

the document or electronically stored information in its entirety, without abbreviation or

expurgation.

6. Documents or electronically stored information provided shall be complete and, unless

privileged, unredacted, submitted as found in your files. To the extent any response of

document is attached to another document for manual or electronic (e.g. email) means, both

with the response of document and any attachment(s) should be produced. To the extent

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a portion of a document or stored information is the non-
only electronically privileged,

privileged portion should be produced and any redactions should be clearly marked.

7. If any documents or electronically stored information, or portions thereof, are withheld from

production of privilege and all facts relied upon in support thereof, in the form of a log that

includes each document's authors, addressees, date, a description of each document, and all

recipients of the original and any copies. Privileged attachments should be listed separately.

Non-privileged attachments should be produced.

8. These interrogatory demands require production of copies of all electronically stored

information in native electronic format, including production of all metadata.

9. Pursuant to CPLR 3133(b) these Interrogatories shall be answered in writing under oath.

10. Each Interrogatory and each subpart of each Interrogatory shall be given a separate answer.

Each answer shall first set forth verbatim the Interrogatory to which itis responsive.

Interrogatories or subparts thereof shall not be combined for the purpose of supplying a

common answer. The answer to an Interrogatory or a subpart thereof shall not be supplied by

referring to the answer to another Interrogatory or subpart thereof, unless the Interrogatory or

subpart referred to supplies a complete and accurate answer to the Interrogatory or subpart

thereof being answered.

11. Where a document is supplied in response to an Interrogatory, set forth by number and

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subparagraph the Interrogatory in response to which itis supplied.

12. To the extent an Interrogatory asks plaintiff to identify a communication, plaintiff shall set

forth the following: (a) the method and mode of such communication, (e.g., in-person

conversation, telephone conversation, letter); (b) the date of such communication; (c) the

party or parties to such communication; and (d) the sum and substance of the communication,

i.e.,an expression of the communication as close to verbatim as possible.

13. To the extent an Interrogatory asks Defendant to identify a person or persons, Defendant

should provide, to the extent known, (a) the person's full name; (b) the person's present or

last known address; and when referring to a natural person (c) the person's present or last

known place of employment.

14. To the extent Defendant wishes to interpose an objection to any Interrogatory the reasons for

the objection shall be stated with reasonable particularity as required by CPLR 3133(a).

15. Unless otherwise stated, these interrogatory demands call for production of allresponsive

documents created on or after January 1, 2011.

RULES OF CONSTRUCTION

"all" "each"
1. All/Each. The term and shall be construed as all and each.

"and" "or"
2. And/Or. The connectives and shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of the discovery request all

responses that might otherwise be construed to be outside of its scope.

3. Number. The use of the singular form of any word includes the plural and vice versa.

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INTERROGATORIES

1. Identify your firm or entity; ifyou are not a fmn, so state.Provide alladdresses for Defendant.

2. Identify your representative by whom the answers to these interrogatories are sworn,

if the Defendant is a firm.

Unique"
3. With respect to the admission that "Pem engaged the services of at

paragraph 4, 5 and 6 of the purported Verified Answer dated June 19, 2018, set forth:

a. What services Unique provided to PEM;

b. The date PEM engaged Unique to provide such services;

"transactions"
c. The number of pursuant to the engagement of services;

"transaction"
d. The date of each between Unique and PEM;

e. The terms of each transaction;

f. The amount paid by PEM for each transaction.

Annex copies of any and all documents concerning, referring or relating to the

response to Interrogatory 3.

4. Set forth the bill of lading or other identifying information for each freight forwarding

transaction between Unique and PEM as admitted at paragraphs 4, 5 and 6 or the

purported Verified Answer dated June 19, 2018. Annex copies of any and all

documents concerning, referring or relating to the response to Interrogatory 4.

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5. Set forth whether PEM entered into an agreement with Unique as reflected in the

annexed October 31, 2017, signed by Chuck Brannon, Chief Operating Officer of

PEM. Annex copies of any and all documents concerning, referring or relating to the

response to Interrogatory 5.

6. With respect to the letter dated October 31, 2017, signed by Chuck Brannon, Chief

Operating Officer of PEM, annexed hereto, state:

a. Identify each and every person or persons who has knowledge of the terms of

the agreement set forth in the October 31, 2017 letter;

b. The date or dates when such agreement was made;

c. The place or places where such agreement was made;

d. The sum and substance of such agreement.

7. Set forth what, if anything, PEM has done or if PEM has taken any action in

connection with the defense and/or indemnification of Unique as per the annexed

October 31, 2017, signed by Chuck Brannon, Chief Operating Officer of PEM.

Annex copies of any and all documents concerning, referring or relating to the

response to Interrogatory 7.

8. Set forth ifPEM claims or alleges that any amounts are due to PEM from Valiant

("Valiant"
Glass Works Pvt. Ltd. ("Valiant").

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9. With respect to amounts that PEM claim are or may be due to PEM from Valiant

("Valiant"
Glass Works Pvt. Ltd. ("Valiant"), set forth:

a. The amount PEM claims is due to PEM from Valiant;

b. The basis why PEM claims such amounts may be or are due from Valiant;

c. What, if anything, PEM has done, or what, if any, action PEM has taken to

collect amounts alleged to be due to PEM from Valiant;

d. The goods and/or services provided to Valiant by PEM.

Annex copies of any and all documents concerning, referring or relating to the response

to Interrogatory 9.

"setoff"
10. If you claim that PEM has or had some right to with regard to the

indemnification obligation as per the October 31, 2017 letter agreement due to

amounts due to PEM from Valiant, set forth the basis of such claim. Annex copies of

any and all documents concerning, referring or relating to the response to

Interrogatory 10.

11. State whether you claim any goods or services received by PEM from Unique were

defective or unsatisfactory, and if so:

a. Identify each aspect of the goods or services claimed to be defective or

unsatisfactory;

b. State and set forth with particularity each such defect claimed and each item

claimed to have such defect;

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c. State and set forth with particularity each way in which any service provided

by Unique were unsatisfactory;

d. State whether you ever gave notification of such defects and if so, whether

such notification was oral or in writing. If oral, identify the person or persons

who on your behalf gave such notification, state the dates thereof, identify the

person to whom such notification was given and the response thereto. If in

writing, annex copies of any and all documents to and from the parties

concerning such claims, if any, and all documents to and from the parties

concerning such claims of any defective merchandise.

12. Set forth the basis of the affirmative defense at paragraph 59 that the complaint fails

to state a cause of action upon which relief can be granted. Annex copies of any and

alldocuments concerning, referring or relating to the response to Interrogatory 12.

13. Set forth any facts supporting the affirmative defense at paragraph 60 of the answer

hands."
that plaintiff's claims are "barred due to their unclean Set forth what Unique

did or did not do in support of the allegation in paragraph 60. Annex copies of any

and all documents concerning, referring or relating to the response to Interrogatory

13.

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14. Set forth any facts supporting the affirmative defense at paragraph 61 of the answer

waiver."
that plaintiff's claims are "barred under the doctrine of Set forth what

Unique did or did not do in support of the allegation of waiver in paragraph 61.

Annex copies of any and all documents concerning, referring or relating to the

response to Interrogatory 14.

15. Set forth any facts supporting the affirmative defense at paragraph 62 of the answer

that plaintiff's claims are "barred under the doctrine of promissory and equitable

estoppel."
Set forth what Unique did or did not do in support of the allegation of

promissory and equitable estoppel in paragraph 61. Annex copies of any and all

documents concerning, referring or relating to the response to Interrogatory 15.

16. Set forth any facts supporting the affirmative defense at paragraph 64 of the answer

damages."
that plaintiff "failed to mitigate any of its alleged Set forth what Unique

did or did not do in support of the allegation in paragraph 64. Annex copies of any

and all documents concerning, referring or relating to the response to Interrogatory

16.

17. Set forth any facts supporting the affirmative defense at paragraph 64 of the answer

damages."
that plaintiff "failed to mitigate any of its alleged Set forth how Unique

could have or should have acted to mitigate damages as per the defense alleged in

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paragraph 64. Annex copies of any and all documents concerning, referring or

relating to the response to Interrogatory 17.

Dated: New York, New York

July 16, 2018

ROSS & ASMAR LLC
ATTORNEYS AT LAW

By:
Steven B. Ross, Esq.
Attorneys for Plaintiff
499 Seventh Avenue
23'd
Floor South Tower
New York, NY 10018

(212) 736-4202

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Case Info

Judge

Louis Nock Track Judge’s New Case

Case No.

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Document Filed Date

July 17, 2018

Case Filing Date

May 23, 2018

County

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