Astoria Generating Co., L.P. v Riley Power, Inc.

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Astoria Generating Co., L.P. v Riley Power, Inc. 2019 NY Slip Op 33918(U) February 15, 2019 Supreme Court, Queens County Docket Number: Index No. 702521/2014 Judge: Marguerite A. Grays Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] FILED: QUEENS COUNTY CLERK 02/27/2019 02:45 PM INDEX NO. 702521/2014 NYSCEF DOC. NO. 171 RECEIVED NYSCEF: 02/27/2019 Memorandum NEW YORK HONORABLE Present: SUPREME STATE - COURT MARGUERITE QUEENS GRAYS A. COUNTY PART IAS 4 Justice ---- -------------------------------- --X GENERATING ASTORIA COMPANY, INDEX L.P., NO. 702521/2014 Plaintiff(s), DATED: 2019 15, February -against- RILEY TUBE INC. POWER, HECKMAN JACK and COMPANY, FEB Defendant(s)· --------------- ---------------------Hon. A. Marguerite Order By names of three attomey from of Plaintiffand III, and his Jack review ORDERED to a Special completing and supêivise parties and 2. parties of for the the 2018, attorney's Special Tube were parties curriculum directed for vitae, the to Court submit the to select an Referee the the vitae ofMichael Cardello, matter. the curriculum (as defined Court that have may the parties, Court Court efficient vitae Rosen of David and it is hereby hereby the and Order this in this action of Reference in conducting manner. below) and arise in this duty enters parties APPOINTED is HEREBY Esq., shall and the by §3104, of assisting process the to this submitted submitted in an orderly by the curriculum Master Master. purpose III, submitted Company to CPLR pursuant the Inc. as Special documents discovery as designated The 20, each Power, appointment Cardello, the with as Special discovery Michael November Riley Heckman that Referee and dated along his appointment Upon l. Court defendant Defendant CLER QUEENSCOUNTy provided. request hereby requests this list COUNTY X Grays attorneys, (3) the - 2 7 20r9 and as follows: 1 of 4 the other Special matters Referee as may to assist, be agreed oversee to by the action. power to regulatc all discovery of the [* 2] FILED: QUEENS COUNTY CLERK 02/27/2019 02:45 PM INDEX NO. 702521/2014 NYSCEF DOC. NO. 171 RECEIVED NYSCEF: 02/27/2019 The a) Special disputes; (ii) discovery motions filed Court; and which cannot handling and The Special authority hearings, evidentiary to other relating rulings on all 4. is of submission to issue orders disputes If the such Special would or a party to be furthered by instance, decision, or a party may management, the certification, this The Special disputes limitation, Special Referee. conference may that but and with by the of all decide the parties such Court's view matters rules the of discretion Court decide accept not, proceed He outcome and to render presented that certify the issue the issue. a decision in Court final case the for arbiter the Court in accordance make effective to the If orders and by the parties that the certification. including a decision issue the the duty to issue resolve case As have and hear, render for hearings, shall of Referee the shall hold to discovery, a specific Special procedures Referee conferences, Court. that or the Special to adhere by the establish parties, The parties progress having the call reports, is of the the need shall Referee retained if all advance 6. location with first initial of case denies the the terms of or All The Special Referee 7. supporting reflected All the notice by the Special conference and a telephone to the shall conference an opportunity use of video in the convenicñt to the or by telephone conference, all arguments, or video to participate be in person be recorded without including, as may either Referee, arguments, disputes, times Referee agree Referee to hear at such and Special the by Special otherwise video available promptly be heard In the event hearings and conferences be designated moving of decisions except transcript, simultaneously shall the of with arrange transcript the Special the a court the by a court video telephone including by reporter conference hearing conference shall shall be for 2 of 4 at all in to be is necessary, be provided to may All the at such appropriate Special the and hearings and shall at a hearing written parties with shall Referee's provide to the thereafter. writing state be held parties promptly decision. to counsel shall the reporter Referee the Referee or by hearing Referee Special constitute transmitted Special Referee, for of that shall the Special the by party a copy reasons, in the and be reasonably parties. as may approval. and determined by the parties. interested shall parties arguments reasonable shall depositions, during Unless conference Referee Argument or, conference. Court to hear authority with decision as a matter request may, Special to him logs Order. 5. the Court privilege resolve to resolve (iii) as referred to any to (i) depositions; during in accordance 2 above. the his importance Referee the for Referee Special the consulting requiring regarding the power: parties. Court in Section discovery. not the by the or non-parties relating the have of briefs, designated fundamental management set forth the matters shall after shall, disputes to require issues by and duty statutes. Referee of discovery be resolved be assigned the disputes by the parties on all Referee applicable have to resolve to rule (iv) Special as may 3. shall discovery The b) Referee decisions by electronic be accompanied that shall mail. an oral be filed ruling, with by as the [* 3] INDEX NO. 702521/2014 FILED: QUEENS COUNTY CLERK 02/27/2019 02:45 PM NYSCEF DOC. NO. 171 8. Notice Exceptions with decision the by the excepting be filed and may time for party's counsel. ten exceptions and briefs The a) The shall that Pro-Rata or the must pages, (4) The Court. time Any party all equally the rate hourly Special share Referee's Special each of fees event one such of Share") of a final or more the dismissal or of the parties, the shall parties remaining Referee's of the parties, ("Pro-Rata In the as against the the parties, among equal action of (at The rendered. an pay of the Shares transcript of Exception. fees costs. compensation. discontinuance of the four Court. Referee's involving shall party the which in a transcript only exceed Notice of and be shared Referee's not Referee's decision, receipt Referee discretion services shall each Special must of the expenses matters discovery compensation of the date Special written the Special Special for monthly the made was as follows: the pay reasonable be billed For (i) in the after the is reflected receipt by the only be held shall and $475.00), brief, be compensated parties from and pages, (4) decision decision which after days days of four Referee's A Court. to the a total of argument Ifa run answering shall shall Referee shall be taken may to exceed Special business (15) be enlarged may the transcript to counsel. business (10) not thereof, briefs, mail Referee on which fifteen Any which argument, Special within of exceptions filing within oral and motions by electronic Special the by in support the records served served request 9. and be delivered of a hearing, filing related be filed shall made brief containing requests, must decision an opening and an appendix discovery decision) for to any of Exception together (e.g. RECEIVED NYSCEF: 02/27/2019 be adjusted accordingly. For (ii) purposes as one of (b) to as the days of ( c) The allocation Obligated Any of billing Enforcement Special shared involved in only, plaintiff defendants shall (ii) the parties referred by of are of the the shall be the parties, equal in shares dispute. For be considered considered as an by Referee fees may of the does who by the Special this are shall Referee upon submit 3 of 4 for payment hereinafter be of the collectively be adjusted by direction the of the Court parties. not Court responsible shall Parties". "Obligated of agreement Party who compensation Referee's The who all be party. Special or each and aforementioned The (iv) parties than less shall subparagraph this party individual (iii) those only involve compensation Referee's among that disputes discovery Special pay the may required be subject application itemized within amount sixty to an appropriate of the statements Special to (60) Order Referee. the parties, and [* 4] FILED: QUEENS COUNTY CLERK 02/27/2019 02:45 PM INDEX NO. 702521/2014 NYSCEF DOC. NO. 171 RECEIVED NYSCEF: 02/27/2019 copies to the amount of such time. Special of Court Special from billing of the expenses its discretion 11. motions Upon to may On the This to payment the by Special and this Prior file are the with the have fifteen Court an within fifteen the amount paid Obligated statement Order by approval Court's the filed during itemized be approved shall approving full amongst to the Party to an order action, shall the total stating performed Each expenses same. costs, work be itemized. Obligated issue and and services If no objections be re-allocated may of Referee may of of each expenses fees, shall services invoices, disposition Referee costs for in its discretion final type of (15) objection for for services the in the days, (15) invoice Parties the days paymcñt. as the and Court determine. the occasion, Special shall be amended This Special may compensation 12. the for the and to an invoice. Court paymcñt and Referee prior Referee writing 10. spent Expenses of the the for Court, time Referee be shared Order may to conform constitutes the Court with may, pursuant as set forth be amended to any decision to consent Order. in paragraph by the chañges and the this Order subject of the the such parties, an event, refer the non-dispositive Special Referee's 9. or for Court, in the of In good cause matter of upon this application by a party, action. Court. GUERITE A. GRAYS COUNTy CÎuEN 4 of 4 in

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