Tucker v Moltion

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Tucker v Moltion 2019 NY Slip Op 34147(U) January 28, 2019 Supreme Court, Onondaga County Docket Number: 793/2018 Judge: Gregory R. Gilbert 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. [*FILED: 1] ONONDAGA COUNTY CLERK 01/28/2019 03:08 PM INDEX NO. 000793/2018 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 01/28/2019 COURT SUPREME STATE WILLIAM M. OF ONONDAGA COUNTY NEW YORK OF TUCKER, M.D., HON. M. DOE JOHN MILLER, DOE SOUNDHEALTH, LLC, GEARS, XYZ #3, SWEAT BLOOD, MOLTION, AND CORP. JSC G1LBERT, MICHAEL DOE ABC G. AND LLC, JOHN #1, 33-18-0537 No.: RJI v. 793/2018 No.: Index JOHN & ORDER DECISION Plaintiff, JOHN #2, LLC, Defendants. ___ BACKGROUND John Defendant, a Moltion, "energy LLC, an into Florida, the of present agreement agreement operated with of neither by by these he also LLC of as Miller, on involved being and Moltion Moltion. Michael defendants of Sweat Blood, defendant, called backing SoundHealth defendant, executed being financial the Defendant, and what build to enlisted (Tucker). owned solely agency SoundHealth, the motion. The with MD Tucker, is (BSG) entered CEO M. William Gears, and generating plaintiff, purported (Moltion) machine" financial Tucker development of Tucker backing. Moltion in commenced Presently the on of accusations leveling the machine also claims January before 22, the have to a or been house and and Tucker Moltion against fraud misuse and of refurbishing Moltion between relationship misdirection service. poorly the concerning of induced fraudulently a taxi ended This financial his to action support was 2018. Court is a disclosure 1 1 of 5 motion brought by Tucker [*FILED: 2] ONONDAGA COUNTY CLERK 01/28/2019 03:08 PM INDEX NO. 000793/2018 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 01/28/2019 on orders seeking The Court A appeared infonned Pro appearance judgment motion by Tucker. There were law clerk 2018 in response On 9, extension resulted in initial responses to was final by Moltion failed requests sent Tucker The to out to respond by Court demanded. on one through he a matter in set of 23, he had was October 9, 2019 A granted. and Limited this disclosure in form the to respond was There fashion. by 2018 October the 2018 15, neglecting Tucker. of to no Further, document and 2018. Moltion by responded to 2 of 5 of request. was conference incapable October interrogatories disclosure contacted 27, preclusion request any the Court's August of made request the by extension but three required entered by 30, ten August further that the second on clerk believed As to a s law twenty by 2018. 30, October document Tucker requested that Moltion the on the as document this October to through and Moltion by interrogatories Moltion 2018 16, by an the with conditional and requested extension eleven response Moltion on August Moltion by on demands.On was for interrogatories requested made Moltion default opposition conducted Order produced not entered Order Tucker and fonnal and October to interrogatories been 2018 5, were responses Tucker an compliance by 2018 counsel. by for or discovery 9, A present. by the by a motion Moltion's requested represented appear to appearance Tucker's August Tucker's a and for but deadline further advised set of October 2018 2018. was no with was demanded to was was prohibited and granted which at Moltion litigation 2018 BSG of was BSG. specifically 12, behalf the 2018 5, for in was July problems Order stipulation evidence any on there Moltion with by until conference same The Order. BSG immediate a disclosure BSG consequently Conference 2018 appear when 2018 4, Preliminary 2, BSG against properly for June appear only made ever on conducted to Moltion. raised. are attempted gave was September was appearance which that issues from requested discovery and se could se Order resulting No pro BSG that counsel. by the conference preliminary Moltion of aware well is of items outstanding of on telephone all December and resolution, Moltion that disclosure the 2, present had [*FILED: 3] ONONDAGA COUNTY CLERK 01/28/2019 03:08 PM INDEX NO. 000793/2018 NYSCEF DOC. NO. 71 motion RECEIVED NYSCEF: 01/28/2019 was The Tucker's responds document and requests machine generating 2018) a by built Moltion proper. was As served to photograph his the inspection parts, products, the same. The works as energy November 2018. Counsel and matter.rescheduled made has no The effort On can inspection the order. conference with on basis to permit made by be the seen the as made the law Court's the inspection inspection that he had record or November for 8, on late have to attempt It and also no inspection the the Moltion to sought not contrasts with responded Tucker. 3 3 of 5 and and violates no have the Moltion's all intended to the sought inspection, gone the disregards fully relief protective to completely refusal.of contumacious objection clerk, is Moltion's presented, wilful fully works it inspection. should also that unanswered. gone has permit process. Moltion clerk to of basis only which law Court's Moltion disclosure scheduling no the which to Tucker voicemail by call to litigation. set and modifications or was Moltion's the this inspection the reschedule to by machine or exists inspection a message on notice the generating central machine a returned left of failure inappropriate. frustrate to energy alterations cancelled unilaterally 6, the is The Moltion. by of such ill. documentation and testing machine that was taken being machines, generating improvements, doubt described energy version every was minute he that was and just last a claiming 17, needed. inspection, generating to Moltion 2018. of not energy which made motion the that the the supplies, reason stated of motion the was required video the has appearance and or for the deems motion but second September Court the 2018 24, Moltion for to fully and of issued the that opposition January appearance his Tucker by in for confirmed again submission papers relief first version a notice and Moltion unless each Tucker. by automatically and of (under other submission adjourn to request no answer inspection such or to interrogatories Moltion by filed on returnable an permits certain date second and first Moltion the 2018 20, order conditional a strike December on filed seeks motion further to then motion present without It and authorized forward. assurance disclosure and The no states refusal to requests the [*FILED: 4] ONONDAGA COUNTY CLERK 01/28/2019 03:08 PM INDEX NO. 000793/2018 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 01/28/2019 Accordingly, and based ORDERED, that the motion with the compel to compliance to obligated order of and Blood, Moltion energy that there is now not of notice or to nor there has it further, as ever to been any such and request be shall a or John defendants, of existence the established and 2019, 1, to upon will, been have April apply LLC, Gears, LLC Gears, before will preclusion deemed and MD, Tucker, GRANTED is Sweat on and, M. inspection Blood, and is , William plaintiff therewith Sweat it foregoing, by evidentiary be inspection, the and machine generating timely Moltion comply fully conditional M. M. John defendants, upon such of the failure in evidence any trial at energy generating machine. As Tucker's to response Moltion's made has first no to interrogatories response. further preclusion evidentiary might present provided with Motion has effort to three or file to the the response to A request. motion the in stand make this as final any through eleven Order further Moltion will to an documents those or questions and that preclusion This to Order the and response Moltion and evidence additional any opposition of failure of of a copy produce, provided is violation response. any document ten a is beyond interrogatory failed first to matter the the address This applies in through one questions to twenty is respect not necessary. second Tucker's addressed still and to subject requested applies Tucker's financing that then may of this as to to The inappropriate. nor claimed BSG for the has by of use records to Again, be used no been BSG infonnation funds of actually BSG. from the identification objection any Moltion and were request Moreover, diversion and document sought Strictly damages. to individually. Moltion, and relief as subpoenaed motion interrogatories the of be impacts the inquest document from information requested an to and interrogatories being through derived financial during is institutions the inquest. opposition has registered to All been the filed second requests. Tucker speaking, to strike the failure 4 4 of 5 answer Moltion's of response is, is by however, BSG and, [*FILED: 5] ONONDAGA COUNTY CLERK 01/28/2019 03:08 PM INDEX NO. 000793/2018 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 01/28/2019 requested the thus, resides with answer or sanction BSG and appearance Moltion, by BSG and based ORDERED, that the to compel compliance to produce documents by April to defendant, to offer 1, for in established for inquest shown to of such evidence have been and and be at Blood, supplied Gears, M. for Sweat be Tucker, LLC were Gears, whether used by therewith M. LLC that to John have been it further, Moltion any and M. Moltion and all Moltion basis. individual IT IS SO ORDERED. January Syracuse, 28, 2019 New York HON. G SUPREME 5 5 of 5 EGORY COURT R. will, been have to M. apply permitted then deemed John be not and, John and will may BSG defendant, and by will or against response, Moltion preclusion disclosure to request comply fully which LLC, M. John to MD, Tucker, second and evidentiary damages trial is , William obligated no was already. has it disclosure there event, defendants, of subject timely any default of failure interrogatories Gears, for inquest defendant, Sweat Blood, the failure the was that the foregoing, order and a plaintiff by shall Sweat evidence any the second the a conditional Blood, subpoenaed upon or for In whom to upon LLC Gears, 2019, as GRANTED is answer individually. motion with and Sweat Blood, Dated: not Accordingly, an strike to GILBERT JUSTICE at funds or on to an

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