Documente Academic
Documente Profesional
Documente Cultură
Defendants. :
x
ATLANTIC YARDS B2 OWNER, LLC, : Index No. 652681/2014
Plaintiff,
-against-
Defendant.
x
FCRC MODULAR, LLC and FC MODULAR, LLC : Index No. 652721/2014
Plaintiffs, :
:
-against- :
KENNEDY, :
:
Defendants. :
x
WHEREAS, on March 27, 2019, the Court held a discovery conference in the above-
capticñcd actions (the "Actions") and discussed the appci-.tmet of a Special Discovery Master
KL3MI0418I
WHEREAS, the parties have agreed to the appoimment of the Hon. Bernard J. Fried
with Master;¹
(Ret.), presently associated JAMS, to act as Special Discovery
each of the parties in the Adiens, that, subject to the Court's approval:
Bernard J. Fried (Ret.) is to serve as Special Discovery Master. The parties shall work together
to ensure that Justice Fried is retained and that all paperwork necessary to do so is prepared and
executed promptly.
2. Any discovery disputes in any of the Actions that arise between the parties
sigasture block below) shall be sukitw to the Special Discovery Master for adjudication in
accordance with this stipulation, New York law, the CPLR, the Rules of the Court, and prior and
future Court orders ente ed in these Actions, except applicatians for the entry of contempt,
metlens for discovery abuses, matters invóMag the alleged spelledan of evidence, and/or any
other matter which must by statute or rule be presented to the Court fbr adjü‡cã‡ion.
3. The Special Discovery Master, with the consent of the parties, shall
establish procedums for sukisicña, !æ!WN the filing of and time periods for subissions to
the Special Discovery Master and decisions by the Special Discovery Master on such
submission.
4. At this time, Justice Fried, JAMS, the parties and counsel for the parties
are not awa e of any conflict of interest which would prevent Justice Fried firom serving as
Special Discovery Master. If Justice Fried, JAMS, the parties or counsel for the parties later
The parties iñc!We (i) Skanska USA Building Inc., Skanska Modular LLC, and Richard
Kennedy (the "Skanska Parties"); (il) Atlantic Yards B2 Owner, LLC, Forest City Rainer
Companies, LLC, FC Modular, LLC, and FCRC Mcddar, LLC (the "Forest City Partles"); (iii)
M.G, McGrath, Inc. ("McGrath"); and (iv) Banker Steel Company LLC ("Banker").
becomes aware of a conflict of interest that would prevent Justice Fried flum centin ng to serve
asSpecial Discovery Master, they must inform the other panies of such conflict in writing within
5. The partiesshall pay Justice Fried's and JAMS costs and fees as follows:
a. The Skenska Parties, the Forest City Parties, McGrath and Banker
JAMS'
b. Justice Fried's professional fees and case manage=ent fees
shall be allocated pro rata among the parties on an issue-by-issue basis. By way of example,
should Justice Fried edjudicata a discovery dispute between the Skanska Parties and the Forest
City Parties, the fees will be allocated pm mta among those two groups of parties.
allõcated equally among the Skanska Parties and the Forest City Parties, "Af±!-'.-ative
matters"
include matters outside the context of an indMdual divuovery dispete, such as initial
schedu!!r.g calls, emails and telephone conversations with Justice Fried and/or JAMS concerning
pracedural and organizational matters, Justice Fried's initial review of domrnants and pleadings
in these matters for general background purposes, and other similar matters that generally
should any party desire a change to the foregoing apport!onmant structure based on particular
circumstances, the parties may address such dispute or request with the Special Discovery
Master.
KL33110475
I
6. The parties may fumish Justice Fried information that constitütes
Confidêñtimi lafarination and Highly Confidential Infomation under the Stipulation and Order
for the Production and Exch=ge of Ce-ad=$! Infonnation filed on September I1, 2018.
writing and be deemed so or lered by the Court and are for all purposes to be ceasidend entered
as an order of the Court unless, within ten days, a party seeks review of that decision or order in
9, This Court shall retain jücisdiction to hear and determine all matters
10. This Onier shall be binding on the parties upon the approval of the Court
11. This stipn!ation may be executed in counterparts and a PDF signature shall
be deemed an original.
KL33BG4ttI
PECKAR , P.C. KRAM & FRANKEL LLP
By: By .
ce D. ler a P We
Peter E. Moran Natan M. Hamerman
1325 Avenue of the Americas, 105 Floor 1177 Avenue of the Americas
New York, NY 10019 New York, NY 10036
Attomeys for Skanska USA B::!!dir;g Inc., Attorneys for Atlantic Yards B2 Owner, LLC,
Skanska Modular LLC and Richard Forest City Ratner Companies, LLC, FCRC
Kennedy Modular, LLC, and FC Moddar, LLC, ami no
parties Bmokfield Asset Manqgement Inc.,
MaryAnne Gilmartin, Roger Kowlak, Bruce Ratner,
Robert Sanna, and Scott Staman
-and-
(212) 422-9424
Attorneys for Banker Steel Company LLC
Attorneys for M.G. McGmth, Inc.
Dated: May 20 E9
SO ORDERED
KUmatts.I