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FILED: NEW YORK COUNTY CLERK 09/08/2014 12:57 PM INDEX NO. 654595/2012
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 09/08/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CLEAN AIR OPTIONS, LLC and EURUS AIR Index No. 654595/2012
DESIGN, AB,
IAS Part 48
Plaintiffs,
-against- Motion Seq. #5
HUMANSCALE CORPORATION,
AFFIRMATION OF LAUREN
Defendant. M. MANDUKE IN SUPPORT
OF MOTION TO VACATE
NOTE OF ISSUE
LAUREN M. MANDUKE, an attorney duly admitted to practice law before the Courts of
the State of New York, and an associate of the law firm of Cole, Schotz, Meisel, Forman &
Leonard, P.A., attorneys for defendant, Humanscale Corporation (“Humanscale”), affirms the
following statements to be true under the penalties of perjury pursuant to C.P.L.R. § 2106:
1. Your affirmant, familiar with all of the facts and proceedings heretofore had,
respectfully submits this affirmation in further support of Humanscale’s motion, which seeks an
Order pursuant to C.P.L.R. § 202.21(e) of the Uniform Rules for New York State Trial Courts, to
vacate the June 3, 2014 Note of Issue with Certificate of Readiness filed by plaintiffs, Clean Air
Options, LLC and Eurus Air Design, AB (together, “Plaintiffs”).
2. As submitted previously to the Court, Humanscale has moved expeditiously to
complete third-party discovery from Plaintiffs’ patent attorneys in Ohio, Virginia, and the
District of Columbia. These firms include Pearne & Gordon LLP, Browdy and Newmark PLLC,
Siemens Patent Services LC, and Birch, Stewart, Kolasch & Birch, LLP. As of the date of this
filing, documents have yet to be received from Pearne & Gordon LLP, Browdy and Newmark
PLLC, Siemens Patent Services LC, and Birch, Stewart, Kolasch & Birch, LLP. Upon Plaintiffs’
48128/0004-10966968v1
Clean Air Options, LLC, et al v. Humanscale Corporation
Index No.654595/2012
Mtn Seq. No. 5
Page 2 of 2
agreement to extend the discovery deadline, Browdy and Newmark PLLC were given additional
time to produce their documents, which are now expected on or before September 10, 2014.
3. Attached as Exhibit “A” is a letter dated February 18, 2014 from Plaintiffs’
counsel, Mr. Holland, confirming that Plaintiffs withdrew all objections as to relevancy
regarding Humanscale’s request for documents. See Ex. A, p. 5.
WHEREFORE your affirmant respectfully prays that an Order enter hereon granting
Humanscale’s motion in all respects, together with such other relief as is just, necessary, and
proper.
DATED: New York, New York
September 8, 2014
COLE, SCHOTZ, MEISEL,
FORMAN & LEONARD, P.A.
By: /s/ Lauren M. Manduke
Lauren M. Manduke, Esq.
900 Third Avenue, 16th Floor
New York, New York 10022
(212) 752-8000
48128/0004-10966968v1
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FILED: NEW YORK COUNTY CLERK 09/08/2014 12:57 PM INDEX NO. 654595/2012 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 09/08/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CLEAN AIR OPTIONS, LLC and EURUS AIR Index No. 654595/2012 DESIGN, AB, IAS Part 48 Plaintiffs, -against- Motion Seq. #5 HUMANSCALE CORPORATION, AFFIRMATION OF LAUREN Defendant. M. MANDUKE IN SUPPORT OF MOTION TO VACATE NOTE OF ISSUE LAUREN M. MANDUKE, an attorney duly admitted to practice law before the Courts of the State of New York, and an associate of the law firm of Cole, Schotz, Meisel, Forman & Leonard, P.A., attorneys for defendant, Humanscale Corporation (“Humanscale”), affirms the following statements to be true under the penalties of perjury pursuant to C.P.L.R. § 2106: 1. Your affirmant, familiar with all of the facts and proceedings heretofore had, respectfully submits this affirmation in further support of Humanscale’s motion, which seeks an Order pursuant to C.P.L.R. § 202.21(e) of the Uniform Rules for New York State Trial Courts, to vacate the June 3, 2014 Note of Issue with Certificate of Readiness filed by plaintiffs, Clean Air Options, LLC and Eurus Air Design, AB (together, “Plaintiffs”). 2. As submitted previously to the Court, Humanscale has moved expeditiously to complete third-party discovery from Plaintiffs’ patent attorneys in Ohio, Virginia, and the District of Columbia. These firms include Pearne & Gordon LLP, Browdy and Newmark PLLC, Siemens Patent Services LC, and Birch, Stewart, Kolasch & Birch, LLP. As of the date of this filing, documents have yet to be received from Pearne & Gordon LLP, Browdy and Newmark PLLC, Siemens Patent Services LC, and Birch, Stewart, Kolasch & Birch, LLP. Upon Plaintiffs’ 48128/0004-10966968v1 Clean Air Options, LLC, et al v. Humanscale Corporation Index No.654595/2012 Mtn Seq. No. 5 Page 2 of 2 agreement to extend the discovery deadline, Browdy and Newmark PLLC were given additional time to produce their documents, which are now expected on or before September 10, 2014. 3. Attached as Exhibit “A” is a letter dated February 18, 2014 from Plaintiffs’ counsel, Mr. Holland, confirming that Plaintiffs withdrew all objections as to relevancy regarding Humanscale’s request for documents. See Ex. A, p. 5. WHEREFORE your affirmant respectfully prays that an Order enter hereon granting Humanscale’s motion in all respects, together with such other relief as is just, necessary, and proper. DATED: New York, New York September 8, 2014 COLE, SCHOTZ, MEISEL, FORMAN & LEONARD, P.A. By: /s/ Lauren M. Manduke Lauren M. Manduke, Esq. 900 Third Avenue, 16th Floor New York, New York 10022 (212) 752-8000 48128/0004-10966968v1