Motion for Case Management in Pnf Preservation, Inc. v. Fatima Begum, Rasel Ahmed a/k/a Jake AD| Trellis.Law

On November 15, 2023 a Order was filed involving a dispute between Pnf Preservation, Inc., and Fatima Begum, Rasel Ahmed A K A Jake Ad, for Commercial Division - Other in the District Court of Nassau County.

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INDEX NO. 618680/2023
NYSCEF. DOC. ‘NO. 35 RECEIVED NYSCEF: 03/07/2024

SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NASSAU: COMMERCIAL DIVISION: PART 7
Hon. Sharon M.J. Gianelli

PNF PRESERVATION, INC.,
Index No.: 618680/2023
Plaintiff(s)/Petitioner(s),
Preliminary Conference
Stipulation and Order
-against-

FATIMA BEGUM & RASEL AHMED Please note the following guidelines:
{aka “JAKE AD”), End date for fact discovery: RJE date + 360 days
End date for all discovery: JI date + 390 days
Defendant(s)/Respondent(s). Note of Issue date: End of all discovery + 60 days
Dispositive motions filed by: Note of Issue date + 60 days
In the event these timeframes have elapsed at the time of
RJT DATE: November 15, 2023 the PC, please substitute RH date with today’s date.

TODAY'S DATE: March 4, 2024

PARTI: APPEARANCES
Please include your name, your firm’s name, address, and telephone number; your direct telephone number email
address, and the party you represent, Attach up to one (1) additional page for appearances, if necessary.

Counsel for Plaintiff(s)/Petitioner(s) Counsel for Defendant(s)/Respondent(s)

Jason L. Abelove John W, Reeves
Law Offices of Jason L. Abelove, P.C Kazmi & Reeves LLP
666 Old Country Read, Suite 303 225 Broadway, 38" Floor
Garden City, NY 11530 New York, NY 10007
516-222-7000" 212-513-7474
jason @jasonabelove.com kazmiandreeves@gmail.com

Counsel for Plaintiff(s)/Petitioner(s) Counsel for Defendant(s)/Respondent(s)

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PART I: NATURE OF THE CASE

Please include a brief summary of the case. Attach a maxinuan of two ( 2) additional pages, if necessary .

BRIEF SUMMARY:

_Breach of Fiduciary Duty, Fraud, Breach of Contract

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AMOUNT DEMANDED:

Claim(s): $500,000.00
000.990

Cross Claim(s}: $__

Counter Claim({s): $

DEFENSE(S) TO CLAIMS. General denial,

eee cece

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PART HL: CONFIDENTIALITY

‘The Court recognizes that most cases in the Commercial Division involve facts which are highly sensitive. In sach
cases, in order to proceed to proper diseovery, the Court may order the parties to enter inte a Confidentiality
Agreement, which the Court will "So Order”. The parties are referred to the Model Confidentiality cement found
at https: www.nyebar.org/pdf/report/ModelConfidentiality. f, If the parties need to change the Aodel
Confidentiality Agreement, the parties are directed to submit a signed Confidentiality Agreement with the changes
and a RED LINE copy for the Court to review.

Please indicate:
The Parties _ HAVE or HAVE NOT entered into a Confidentiality Agreement.

CO)
‘The Parties ee WILLor. WILL NOT enter inte a Confidentiality Agreement.
If the Parties plan to enter into a Confidentiality Agreement, please indicate when :

The Court © HAS or_& HAS NOT so ordered the Confidentiality Agreement.
If so, please indicate when

PART IV: DISCOVERY PROVISIONS
Section 202.70 Rules of the Commercial Division of the Supreme Court Rule 8(a). Consultation prior to Preliminary
and Compliance Conferesces

Counsel for all partis shall consult priog to a preliminary or compliance conference about () resolution of the case,
in w hole or in part discovery and any other topics to be discussed at the conference, including eetronic
disee , a8 Set for in Rule u-c, and the timing and scope of expert disclosure under Rule 13(¢); (HD t he use of
alternate dispute resolution to resolve all or some issues in the litigation; and (iv) any vohintary and informal
exchange of information that the parties agree would help aid early settlement of the case. Counsel shall make a
good faith effort t o reach agreement on these matters in advance of the conference.

Discovery shall prozeed pursuant to the Commercial Division Rales found at:
hitp://ww2.nycourts.zov/nues/trialeouris/202.shtml#70

PLEASE NOTE THAT MOTION PRACTICE DOES NOT STAY DISCOVERY ABSENT
A COURT ORDER.

A. Billo f Particulars ifo
at

i. Demand for a Bill of Particulars shall be served by all parties on or before 30 da
2. Responses to Demands for a B ill of Particulars shall be served by all parties on or before
60 days_ 5 / Be2y

B. Doeument Production
All documents produced by any and all parties nnust be Bates stamped.

1. Initial deman, es for discovery and inspection shall be served by all parties on or before _
300 days
2. Responses to demands for discovery and inspection shall be served by all parties on or before
60 days. Bf Si>®

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C. Interrogatories

4. Interrogatories shall be served by all parties on or before 30 days uf fo ¢ [24
2. Answers to Interrogatories shall be served by all parties on or before 60di fe ge

D. Depositions
Attach one (4) additional page, if necessary.

Plaintiff's deposition shall be held on or before _ July 30, 2024.

First named Defendant's deposition shall be held on or before _ August 15,2024 _.

Second named Defendant's deposition shall be held on or before

Third named Defendant’s deposition shall be held on or before oe

All Depositions must be completed by:__ August 30,2024

E. Other Disclosure

Inchude any case-specific issues. Attache one (1) additional page if necessary.

F. Impleader

Defendant shall serve its third-party summons and complaint, if any, no later than fifteen (15)
days ter the end of the last deposition of a named plaintiff and defendant and/or the last
deposition of a representative of a named party.

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G, Discovery concerning Electronically Stored Information (ESD
Section 202.70 Rules of the Commercial Division of the Supreme Court Rul e 11{¢}. Consult at ion priar to
Preliminary and Compliance Conferences

Prior to the preliminary conference, counsel shall confer with regard t o electronic scovery, including those set
forth in the ESI Guidelines. Topics on which the parties cannot agree shall be addr sed with the Court at the
preliminary conference.

Do the parties expect ESI Discovery in this case?

a C] yes _& xo
~ O . NOT SURE *The parties are referred to the non-exhaustive list provided in 22 NYCRR
202.12(b)(1) which can be found at: hitp://ww2.nycourts.gov/rules/trialcourts/202.shtml#70

Please indicate the date the parties met and conferred: _March 4, 2024
Did the parties reach an agreement’ et YES 0 No
i. ESE DISCOVERY DIRECTIVES
The following must be updated and supplemented as new information becomes available.

a. Preservation: Please indicate for all Plaintiffs and all Defendants that the parties have created
a preservation plan; have identified the relevant custodians for each computer/server and have
designated the individual( s) responsible for the preservation of ESI.

Please indicate the date the parties discussed a preservation plan. - March 4, 2024 _.

b. Production: Please indicate that the parties have agreed to the scope and method for
reviewing ESI (including the relevant search terms or technology assisted review) and that the
parties have agreed on the extent, order and form of production and the projected production
schedule.

Please indicate the date the parties discussed a production plan. _ Mareh 4.2024
e, Privilege logs and Redactions: Please identify how the parties will provide for the
identification, redaction, and logging of privileged or otherwise confidential ESI.

Please indicate the date the parties discussed privilege logs and Redactions _ ONMarch 4, 2024.
d. Claw-Back Provisions for inadvertent product ion:

Please indicate the date the parties discussed Claw-Back provisions _M: 4s
e. Cos Each party shall bear its own cost of production pursuant to U.S. Bank Nat'l Assoc v.
Greenpoint Mtge. Funding Inc., 94 A.D. 3d 58 (1" Dep’t 2012), In the event that cost
shifting becomes an issue, the parties shall write a letter to the Court, of not more than three (3)
pages, outlining the problem prior to setting up a call with the Court.

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f, Judicial Intervention:
Do the parties anticipate the need for judicial intervention concerning the scope and methods for
preserving and/or producing ESI?

_ yes _B no
2. Additional ESI Directives:

H. End of Fact Discovery
Fact discovery sh all be completed b arch 1, 2025
{Rul date plus 360 days)

I. Expert Discovery

Pursuant to Commercial Division Rules 13(c) and (8) which mandate consultation with
opposing counsel, the Court hereby ORDERS that if any party intends to introduce expert
testimony at trial or in support of a motion for summary judgment, the parties, no later than
thirty (30) days prior to the completion of fact discovery, shall confer on a schedule for expert
disclosure, including identi ation of experts, the agreement. to exchange expert reports, and the
Umetable for the deposition of testifying experts. Expert disclosure shall be completed no
later than four (4) months after the completion of fact discovery.

In the event a party objects to this procedure or timetable, the parties shall request a conference
to discuss any objections with the Court.

Expert Disclosure shall precede the filing of a Note of Issue/Certificate of Readiness.

J. End Date of All Discovery
All discovery shall be completed by: Aprils, 2025
(RAT date plus 390 days}

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PART V. ALTERNATIVE DISPUTE RESOLUTION (ADR)

The Judges of the Commercial Division encourage all parties to work toward a proper and just
resolution of the issues in the case. The Judges of the Commercial Division believe that the
parties are better served the earlier a proper and just resolution can be reached. To that end, the
Judges as the litigants in this case, on a continuous basis going forward, to consider the
following provisions:

1. Counsel for the parties have discussed or will be discussing the use of the following alternative
dispute mechanism for this case: (Please indicate)

A Settlement Conference with the Judge yes __& no
Participation in the Commercial Division’s Alternative Dispute Resolution Program

BS YES Oxo
Retention of a privately retained mediator —_—(]_yss . NO

Other alternate dispute mechanism _O _ YES No
2, Counsel for the parties recommend that the alternate dispute resolution mechanism set forth
above be employed at the following point in the case:

Within the next 60 days [yes
_ _ no
30 days after do cu ment discovery is completed YES BS

After Plaintiff's deposition YES _O no
At the close of fact discovery, and prior to expert discovery C YES eR NO

PART Vi: FINAL DIRECTIVES

4. Compliance Conference - Parties or their representative with knowledge of the case and
the Preliminary Conference Order shall appear for a Compliance Conference on
7? 24 Gt
aT lOc. (Poday’s date plus 220 days)

2. Nate of Issue - A copy of this PC Order and subsequent Compliance Orders shall be served
and filed with the Note of Issue.

ES {unless o therwise noted) shall file a Note of Issue/Certificate of Readiness on or before
End of all Discovery date plus 60 days)
7 i

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(FILED: NASSAU COUNTY CLERK 0371272024 10:19 AM INDEX NO. 618680/2023
NYSCEF: DOC. NO. 35 RECEIVED NYSCEF: 03/07/2024

3. Dispositive Motions - Such motions may be filed by Order to Show Cause or Notice of
Motion. The Court encourages the parties to confer and agree on the dates for the opposition
and reply papers to be exchanged and E-Filed . Pursuant to CPLR §3214( b), service of a Not ice
of Motion under Ru le §3211, §3212 or §3213 shall NOT stay disclosure pending the
determination of that motion, in the absence of a Court Order.

All dispositive motions shall be filed on or before a of 7 Cees . (Note of Issue date
plus 60 days)

4. The dates set forth herein may not be adjourned except with the approval of the
Court

5. Additional directives , (if any)

Attorney for Plaintiff(s) Ui
(Signature)

Attorney for Defendant (s) Od 3xy Lo
(Signature)

Attorney for Plaintiff(s)
Y
(Signature)

Attorney for Defendant (s) ener .
(Signature)

DATE: [al 24 SO ORDERED:
LWh Bisye Hhoudd
Hon. Sharon M.J. Gianelli, J.S.C

ENTERED
Mar 12 2024
NASSAU COUNTY
COUNTY CLERK'S OFFICE

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Case Info

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Sharon Gianelli Track Judge’s New Case

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Document Filed Date

March 12, 2024

Case Filing Date

November 15, 2023

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Order: Pnf Preservation, Inc. v. Fatima Begum, Rasel Ahmed a/k/a Jake AD

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