On December 16, 2016 a
Miscellaneous
was filed
involving a dispute between
Edna Skinner,
and
Alexander Parsol,
Daniel Ledven,
Igor,
Jacob Shimon,
James Lambright A K A Jim Lambright In Their Individual Capacities,
James Lambright
A K A Jim Lambright In Their Individual Capacities,
Pirs Capital, Llc,
Russell,
Unified Marketing Llc,
for Torts - Other (Employment Discrimination)
in the District Court of New York County.
Preview
FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017
EXHIBIT C
FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017
1
1 SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF WESTCHESTER
2
-------------------------------------------X
3
HAGEN-RICCI GROUP
4
Plaintiff,
5
v. Index #: 60992-16
6
JOHN CARTER,
7
Defendant.
8 -------------------------------------------X
9
May 19, 2017
10 Westchester County Courthouse
111 Dr. M.L.K., Jr. Boulevard
11 White Plains, New York 10601
12
13 BEFORE: HON. ALAN D SCHEINKMAN,
Supreme Court Justice
14
15 APPEARANCES:
16 MELTZER LIPPE GOLDSTEIN & BREITSTONE, LLP
Attorney for Plaintiff
17 190 Willis Avenue
Mineola, NY 11501
18 BY: MICHAEL H MASRI, ESQ.
19 CONDON & ASSOCIATES, PLLC
Attorney for Defendant
20 55 Old Turnpike Road
Nanuet, NY 10954
21 BY: LAURA M CATINA, ESQ.
MC GUIRE WOODS, LLP
22 Attorney for Defendant TIBCO
1345 Avenue of the Americas
23 New York, NY 10105
BY: MICHAEL J DI MATTIA, ESQ.
24
Carol Kuczinski
25 Senior Court Reporter
FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017
Colloquy 2
1 THE CLERK: Case number three Hagen-Ricci versus
2 Carter.
3 MS. CATINA: Laura Catina, Condon and Associates for
4 defendant Carter.
5 MR. MASRI: Good morning, your Honor. Michael
6 Masri, Meltzer, Lippe, Goldstein and Breitstone counsel for
7 plaintiff.
8 I would like to give the court reporter my card.
9 THE COURT: Sure.
10 Discovery complete, right?
11 MR. MASRI: Yes, your Honor.
12 THE COURT: So what happens next?
13 MR. MASRI: If the parties can't settle and resolve
14 it, we will just go to the next phase.
15 It is our position that defendant, the corporate
16 defendant here, there may be post-disclosure motion
17 practice.
18 THE COURT: For what.
19 MR. MASRI: Well, we believe that --
20 THE COURT: If you are not talking may be seated.
21 MR. MASRI: We believe that there is misconduct at
22 the deposition --
23 THE COURT: Like what.
24 MR. MASRI -- that occurred last week, specifically
25 witnesses were directed not to answer without using the
FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017
Colloquy 12
1 MR. MASRI: To answer your question, yes, your
2 Honor. I raised it to him in writing on yesterday and I
3 raised it in person on Tuesday or Wednesday before he
4 produced his.
5 THE COURT: The person showed up on Thursday.
6 MR. MASRI: Excuse me. Friday, your Honor, yeah.
7 THE COURT: So what happened during the course of
8 that deposition.
9 So -- wait a minute this is not -- he -- "this
10 person still doesn't have the knowledge I am looking for"
11 did you have that -- say that?
12 MR. MASRI: Yes.
13 THE COURT: On Thursday.
14 MR. MASRI: Yes.
15 THE COURT: And what happened.
16 MR. MASRI: Excuse me. It was Friday, your Honor.
17 And nothing.
18 MR. DI MATTIA: He didn't ask to speak to another
19 witness. The person on Friday was an I T person on the
20 subject matter on the --
21 THE COURT: You are both convincing me that maybe
22 what I should do -- if you want to make a motion for summary
23 judgment I can't stop you, but I am going to reconsider and
24 allow plaintiff, if he wants to, to make a motion relating
25 to discovery violations.
FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017
Colloquy 13
1 Now, I don't know that there are any, but it seems
2 to me that if there were, and it turns out that a shell game
3 was played here, then the plaintiff's entitled to a remedy
4 for that.
5 So you have, I guess, we have an option here. You
6 want to go forward with the motion, then both parties will
7 go forward with their motion.
8 If you want to stand, and you both take the risk of
9 what happens. Alternatively if you both, if you both are
10 willing to let this go and raise it at trial, then we can
11 deal with it at trial.
12 MR. MASRI: Make --
13 THE COURT: Your call.
14 MR. MASRI: Judge, it makes so much more sense to
15 raise everything at trial.
16 THE COURT: Look, but counsel has the right, if he
17 wants to, to make this motion.
18 It may turn out that it's the worst decision that
19 he has ever made in this case. But he is entitled. I can't
20 stop him on the grounds of foolishness.
21 MR. MASRI: I get that.
22 THE COURT: I don't know enough. He may be
23 perfectly right.
24 MR. DI MATTIA: Just --
25 MR. MASRI: I am pretty confident.
FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017
Colloquy 17
1
2
3 oOo
4
5 THIS IS TO CERTIFY THAT THE FOREGOING
6 IS A TRUE AND ACCURATE TRANSCRIPTION
7 OF THE ORIGINAL STENOGRAPHIC RECORD.
8
9
10
11
12 _______________________
13 CAROL KUCZINSKI
14 Senior Court Reporter
15
16
17
18
19
20
21
22
23
24
25
Preview
FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017 EXHIBIT C FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017 1 1 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF WESTCHESTER 2 -------------------------------------------X 3 HAGEN-RICCI GROUP 4 Plaintiff, 5 v. Index #: 60992-16 6 JOHN CARTER, 7 Defendant. 8 -------------------------------------------X 9 May 19, 2017 10 Westchester County Courthouse 111 Dr. M.L.K., Jr. Boulevard 11 White Plains, New York 10601 12 13 BEFORE: HON. ALAN D SCHEINKMAN, Supreme Court Justice 14 15 APPEARANCES: 16 MELTZER LIPPE GOLDSTEIN & BREITSTONE, LLP Attorney for Plaintiff 17 190 Willis Avenue Mineola, NY 11501 18 BY: MICHAEL H MASRI, ESQ. 19 CONDON & ASSOCIATES, PLLC Attorney for Defendant 20 55 Old Turnpike Road Nanuet, NY 10954 21 BY: LAURA M CATINA, ESQ. MC GUIRE WOODS, LLP 22 Attorney for Defendant TIBCO 1345 Avenue of the Americas 23 New York, NY 10105 BY: MICHAEL J DI MATTIA, ESQ. 24 Carol Kuczinski 25 Senior Court Reporter FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017 Colloquy 2 1 THE CLERK: Case number three Hagen-Ricci versus 2 Carter. 3 MS. CATINA: Laura Catina, Condon and Associates for 4 defendant Carter. 5 MR. MASRI: Good morning, your Honor. Michael 6 Masri, Meltzer, Lippe, Goldstein and Breitstone counsel for 7 plaintiff. 8 I would like to give the court reporter my card. 9 THE COURT: Sure. 10 Discovery complete, right? 11 MR. MASRI: Yes, your Honor. 12 THE COURT: So what happens next? 13 MR. MASRI: If the parties can't settle and resolve 14 it, we will just go to the next phase. 15 It is our position that defendant, the corporate 16 defendant here, there may be post-disclosure motion 17 practice. 18 THE COURT: For what. 19 MR. MASRI: Well, we believe that -- 20 THE COURT: If you are not talking may be seated. 21 MR. MASRI: We believe that there is misconduct at 22 the deposition -- 23 THE COURT: Like what. 24 MR. MASRI -- that occurred last week, specifically 25 witnesses were directed not to answer without using the FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017 Colloquy 12 1 MR. MASRI: To answer your question, yes, your 2 Honor. I raised it to him in writing on yesterday and I 3 raised it in person on Tuesday or Wednesday before he 4 produced his. 5 THE COURT: The person showed up on Thursday. 6 MR. MASRI: Excuse me. Friday, your Honor, yeah. 7 THE COURT: So what happened during the course of 8 that deposition. 9 So -- wait a minute this is not -- he -- "this 10 person still doesn't have the knowledge I am looking for" 11 did you have that -- say that? 12 MR. MASRI: Yes. 13 THE COURT: On Thursday. 14 MR. MASRI: Yes. 15 THE COURT: And what happened. 16 MR. MASRI: Excuse me. It was Friday, your Honor. 17 And nothing. 18 MR. DI MATTIA: He didn't ask to speak to another 19 witness. The person on Friday was an I T person on the 20 subject matter on the -- 21 THE COURT: You are both convincing me that maybe 22 what I should do -- if you want to make a motion for summary 23 judgment I can't stop you, but I am going to reconsider and 24 allow plaintiff, if he wants to, to make a motion relating 25 to discovery violations. FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017 Colloquy 13 1 Now, I don't know that there are any, but it seems 2 to me that if there were, and it turns out that a shell game 3 was played here, then the plaintiff's entitled to a remedy 4 for that. 5 So you have, I guess, we have an option here. You 6 want to go forward with the motion, then both parties will 7 go forward with their motion. 8 If you want to stand, and you both take the risk of 9 what happens. Alternatively if you both, if you both are 10 willing to let this go and raise it at trial, then we can 11 deal with it at trial. 12 MR. MASRI: Make -- 13 THE COURT: Your call. 14 MR. MASRI: Judge, it makes so much more sense to 15 raise everything at trial. 16 THE COURT: Look, but counsel has the right, if he 17 wants to, to make this motion. 18 It may turn out that it's the worst decision that 19 he has ever made in this case. But he is entitled. I can't 20 stop him on the grounds of foolishness. 21 MR. MASRI: I get that. 22 THE COURT: I don't know enough. He may be 23 perfectly right. 24 MR. DI MATTIA: Just -- 25 MR. MASRI: I am pretty confident. FILED: WESTCHESTER COUNTY CLERK 11/22/2017 05:15 PM INDEX NO. 60992/2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 11/22/2017 Colloquy 17 1 2 3 oOo 4 5 THIS IS TO CERTIFY THAT THE FOREGOING 6 IS A TRUE AND ACCURATE TRANSCRIPTION 7 OF THE ORIGINAL STENOGRAPHIC RECORD. 8 9 10 11 12 _______________________ 13 CAROL KUCZINSKI 14 Senior Court Reporter 15 16 17 18 19 20 21 22 23 24 25