Holness et al v. LG Chem Ltd et al
Filing
194
MEMO ENDORSED ORDER denying without prejudice to renewal by formal motion 182 Motion for Summary Judgment; granting 183 Motion to Strike document from the record.; denying 187 Letter Motion for Conference. ENDORSEMENT: On November 5, 2020, Defendant EC Supply, Inc. filed a motion for summary judgment. (ECF No. 182.) Later that day, Plaintiffs Janee Holness and Michael Holness filed a motion to strike the motion for summary judgment on the grounds that Defendant EC Supply, Inc. failed to follow this Court's pre-motion conference requirement. (ECF No. 183.) Plaintiffs further requested permission to file a motion against Third-Party Defendant Gigglesworld to strike its answer and for sanctions for various misrepresentation s allegedly made throughout the discovery process. (Id.) Also on November 5, 2020, Defendant EC Supply, Inc. submitting a letter indicating that it had no objection to Plaintiffs' motion to strike and requesting a pre-motion conference. (ECF No. 184.)On November 10, 2020, Plaintiffs replied to EC Supply, Inc.'s letter reiterating that the motion should be stricken, indicating that they have viable opposition to Defendant EC Supply's motion, and requesting permission to file a Rule 11 motion and a Rule 37 motion against Third-Party Defendant Gigglesworld. (ECF No. 186.) Between November 11, 2020 and November 16, 2020 Third-Party Defendant Gigglesworld and Plaintiffs submitted correspondence to the Court regarding Giggl esworld's status in this litigation. Gigglesworld was brought into this litigation on July 16, 2018, when defendant LG Chem Ltd. filed a third-party complaint against Giggleworld. (ECF No. 49.) On July 7, 2019, defendant LG Chem Ltd. filed an amended third-party complaint adding EC Supply, Inc. as a third-party defendant. (ECF No. 77.) On August 27, 2019, Plaintiffs filed an Amended Complaint which named EC Supply, Inc. as a direct defendant. (ECF No. 85.) On September 4, 2019, EC Sup ply, Inc. filed an answer to the Amended Complaint, asserting a crossclaim against all defendants and third-party defendants, including Gigglesworld. (ECF No. 91.) On October 29, 2020, LG Chem settled this matter and its claims were dismissed. Alth ough the stipulation of dismissal does not indicate that EC Supply, Inc.'s claims against Gigglesworld were dismissed, Gigglesworld maintains that it is no longer a Third-Party Defendant. (ECF No. 191.) Gigglesworld argues that Gigglesworld w as only a party to the Third-Party action, which has now been dismissed and therefore can no longer be considered a Third-Party Defendant. Plaintiffs argue that EC Supply, Inc.'s crossclaim against Gigglesworld survives because it was not incl uded in the stipulation of dismissal. Further, EC Supply was named as a direct defendant in the Amended Complaint and asserted a crossclaim against Gigglesworld in response. The Court agrees that the recent partial dismissal does not impact EC Sup ply, Inc.'s crossclaim against Gigglesworld. Upon review of the parties' correspondence, the Court waives the pre-motion conference requirement and grants Plaintiffs' and Defendant EC Supply, Inc.'s requests to file their resp ective motions with the following briefing schedule: moving papers shall be served (not filed) on December 21, 2020; opposition papers shall be served (not filed) on January 25, 2021; reply papers shall be served on February 8, 2021. All motion doc uments shall be filed on the reply date, 11/18/2020 February 8, 2021. The parties shall provide two copies of their respective motion documents as they are served. As long as the Court's Emergency Rules remain in effect, parties shall additio nally provide copies via email. Accordingly, Plaintiffs' motion to strike Defendant EC Supply, Inc.'s motion for summary judgment is GRANTED; Defendant EC Supply, Inc.'s motion for summary judgment is DENIED, without prejudice, pendi ng re-filing; and Third-Party Defendant Gigglesworld's motion for a conference is DENIED. The Clerk of the Court is kindly directed to terminate the motions at ECF No. 182, 183, and 187. So Ordered. (Signed by Judge Nelson Stephen Roman on 11/18/20) (yv)
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MEMORANDUM ENDORSEMENT
11/18/2020
Michael Holness, et al v. LG Chem LTD, et al
17-cv-7726 (NSR)
On November 5, 2020, Defendant EC Supply, Inc. filed a motion for summary judgment. (ECF
No. 182.) Later that day, Plaintiffs Janee Holness and Michael Holness filed a motion to strike the
motion for summary judgment on the grounds that Defendant EC Supply, Inc. failed to follow this
Court’s pre-motion conference requirement. (ECF No. 183.) Plaintiffs further requested
permission to file a motion against Third-Party Defendant Gigglesworld to strike its answer and
for sanctions for various misrepresentations allegedly made throughout the discovery process. (Id.)
Also on November 5, 2020, Defendant EC Supply, Inc. submitting a letter indicating that it had
no objection to Plaintiffs’ motion to strike and requesting a pre-motion conference. (ECF No. 184.)
On November 10, 2020, Plaintiffs replied to EC Supply, Inc.’s letter reiterating that the motion
should be stricken, indicating that they have viable opposition to Defendant EC Supply’s motion,
and requesting permission to file a Rule 11 motion and a Rule 37 motion against Third-Party
Defendant Gigglesworld. (ECF No. 186.)
Between November 11, 2020 and November 16, 2020 Third-Party Defendant Gigglesworld and
Plaintiffs submitted correspondence to the Court regarding Gigglesworld’s status in this litigation.
Gigglesworld was brought into this litigation on July 16, 2018, when defendant LG Chem Ltd.
filed a third-party complaint against Giggleworld. (ECF No. 49.) On July 7, 2019, defendant LG
Chem Ltd. filed an amended third-party complaint adding EC Supply, Inc. as a third-party
defendant. (ECF No. 77.) On August 27, 2019, Plaintiffs filed an Amended Complaint which
named EC Supply, Inc. as a direct defendant. (ECF No. 85.) On September 4, 2019, EC Supply,
Inc. filed an answer to the Amended Complaint, asserting a crossclaim against all defendants and
third-party defendants, including Gigglesworld. (ECF No. 91.) On October 29, 2020, LG Chem
settled this matter and its claims were dismissed. Although the stipulation of dismissal does not
indicate that EC Supply, Inc.’s claims against Gigglesworld were dismissed, Gigglesworld
maintains that it is no longer a Third-Party Defendant. (ECF No. 191.) Gigglesworld argues that
Gigglesworld was only a party to the Third-Party action, which has now been dismissed and
therefore can no longer be considered a Third-Party Defendant. Plaintiffs argue that EC Supply,
Inc.’s crossclaim against Gigglesworld survives because it was not included in the stipulation of
dismissal. Further, EC Supply was named as a direct defendant in the Amended Complaint and
asserted a crossclaim against Gigglesworld in response. The Court agrees that the recent partial
dismissal does not impact EC Supply, Inc.’s crossclaim against Gigglesworld.
Upon review of the parties’ correspondence, the Court waives the pre-motion conference
requirement and grants Plaintiffs’ and Defendant EC Supply, Inc.’s requests to file their respective
motions with the following briefing schedule: moving papers shall be served (not filed) on
December 21, 2020; opposition papers shall be served (not filed) on January 25, 2021; reply papers
shall be served on February 8, 2021. All motion documents shall be filed on the reply date,
Case 7:17-cv-07726-NSR-PED Document 194 Filed 11/18/20 Page 2 of 27
February 8, 2021. The parties shall provide two copies of their respective motion documents as
they are served. As long as the Court’s Emergency Rules remain in effect, parties shall additionally
provide copies via email.
Accordingly, Plaintiffs’ motion to strike Defendant EC Supply, Inc.’s motion for summary
judgment is GRANTED; Defendant EC Supply, Inc.’s motion for summary judgment is DENIED,
without prejudice, pending re-filing; and Third-Party Defendant Gigglesworld’s motion for a
conference is DENIED. The Clerk of the Court is kindly directed to terminate the motions at ECF
No. 182, 183, and 187.
Dated: November 18, 2020
White Plains, NY
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Alexander J. Drago
Of counsel
adrago@maringoodman.com
November 16, 2020
Via ECF
Honorable Nelson S. Román
United States District Judge
United States Courthouse
300 Quarrapos Street
White Plains, NY 10601-4150
Re:
Michael Holness, et al. v. LG Chem LTD, et al.
Civil Action No.:
7:17-cv-07726
Dear Judge Román:
As you are aware, I represent plaintiffs in the above matter. I write in reply to counsel for
Gigglesworld’s letter of today’s date.
Plaintiffs filed an amended complaint against EC Supply. In its amended answer, EC
Supply asserted claims for contribution and indemnification against Gigglesworld. Those claims
by EC Supply against Gigglesworld have not been extinguished by stipulation or Court Order. If
the only action against EC Supply was LG’s third-party complaint against EC Supply, then perhaps
claims against Gigglesworld would be affected. However, since plaintiff filed a direct action
against EC Supply via an amended complaint and EC Supply asserted claims against Gigglesworld
in its amended answer, Gigglesworld is still a party in this case via the claims asserted by EC
Supply against Gigglesworld.
With regard to the claims of misrepresentations by Gigglesworld in the discovery process,
counsel for Gigglesworld completely ignores the misrepresentations which were made in written
discovery responses prior to any depositions being held. Apparently, counsel takes the position
that outright misrepresentations made in written discovery are cured and should be forgiven if
down the road truthful answers are provided. As was pointed out in my earlier correspondence,
Gigglesworld had in its possession at the time it misrepresented its purchase history the very
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records showing purchases from EC Supply which were not exchanged until after the expiration
of statute of limitations.
Further, counsel for Gigglesworld must not have read that portion of my correspondence
indicating the benefit to Gigglesworld for misrepresenting this information was its part in the false
narrative that it never purchased and/or sold LG batteries.
I respectfully request a conference with the Court so that all these issues may be discussed.
Respectfully Submitted,
Alexander J. Drago
AJD/jz
cc:
George A. Smith, Esq.
Murphy & Lambiase
26 Scotchtown Avenue
Goshen, NY 10924
(845)-291-7100 (Office)
(845)-291-7171 (Fax)
GeorgeSmith@mllawonline.com
Attorney for Third-Party Defendant
GIGGLESWORLD CORPORATION
James S. Wolford, Esq.
Gallo & Iacovangelo, LLP
180 Canal View Blvd., Suite 100
Rochester, NY 14623
(585) 454-7145
JamesWolford@GalloLaw.com
Attorneys for Defendant/Third-Party Defendant
EC SUPPLY, INC.
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Alexander J. Drago
Of counsel
adrago@maringoodman.com
November 11, 2020
Via ECF
Honorable Nelson S. Román
United States District Judge
United States Courthouse
300 Quarrapos Street
White Plains, NY 10601-4150
Re:
Michael Holness, et al. v. LG Chem LTD, et al.
Civil Action No.:
7:17-cv-07726
Dear Judge Román:
Please be advised I represent plaintiffs in the above matter. I write in reply to counsel for
defendant Gigglesworld Corporation’s letter of November 11, 2020 (Doc. No. 187). Although
counsel’s letter states he will be filing a more formal response to plaintiffs’ request for a premotion conference for a motion against Gigglesworld, I felt compelled at the present time to
address an absolute mischaracterization of the present state of the pleadings in this matter.
Counsel states in his letter that Gigglesworld Corporation is a former third-party defendant.
That statement is not true. Gigglesworld is still a third-party defendant in this matter. There is no
stipulation and/or order dismissing any of the claims by any of the presently existing parties against
Gigglesworld.
On July 16, 2018, defendant LG Chem Ltd. filed a third-party complaint against
Gigglesworld (Doc. No. 49). Thereafter, on July 7, 2019, defendant LG Chem Ltd. filed an
amended third-party complaint adding EC Supply Inc. as a third-party defendant (Doc. No. 77).
On September 4, 2019, defendant EC Supply Inc. filed an answer to LG’s amended thirdparty complaint. In that answer, EC Supply filed a cross-claim against all defendants and thirdparty defendants and a cross-claim against all defendants and third-party defendants for
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indemnification. Therefore, pursuant to the filing of that answer, there were viable claims by EC
Supply against all the parties, and specifically Gigglesworld Corporation.
On September 4, 2019, defendant EC Supply Inc. filed an answer to plaintiff’s amended
complaint which named EC Supply as a direct defendant. In that answer, EC Supply repeated its
cross-claim for contribution against every defendant in the action and a cross-claim for
contribution against all defendants and third-party defendants (Doc. No. 90). Pursuant to this filing,
EC Supply confirmed its various claims against Gigglesworld.
On September 11, 2019, Gigglesworld filed an answer to all cross-claims and
counterclaims (Doc. No. 91). In that filing, Gigglesworld denied the allegations of the cross-claims
and counterclaims brought by EC Supply against Gigglesworld. Therefore, by virtue of this filing,
Gigglesworld was admitting that EC Supply had cross-claims and counterclaims against
Gigglesworld.
As the Court is aware, plaintiff recently settled their action against LG Chem Ltd. and
thereafter, a partial stipulation of dismissal was entered in this matter (Doc. No. 180). However,
the partial stipulation of dismissal only involved all actions and claims brought by LG Chem
against EC Supply and Gigglesworld and any claims by EC Supply and Gigglesworld against LG
Chem. The stipulation had absolutely no effect on any of the claims brought by EC Supply against
Gigglesworld or Gigglesworld against EC Supply Inc.
Therefore, the present state of the pleadings in this matter is that plaintiffs have a direct
action against EC Supply Inc. and EC Supply Inc. has claims for indemnification and contribution
against Gigglesworld and Gigglesworld has the same claims against EC Supply Inc. There has
been no stipulation or order affecting any of these claims.
Based upon the foregoing, Gigglesworld’s counsel’s statement that Gigglesworld is a
former third-party defendant is not accurate.
Respectfully Submitted,
Alexander J. Drago
AJD/jz
cc:
George A. Smith, Esq.
Murphy & Lambiase
26 Scotchtown Avenue
Goshen, NY 10924
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November 11, 2020
Page 3 of 3
(845)-291-7100 (Office)
(845)-291-7171 (Fax)
GeorgeSmith@mllawonline.com
Attorney for Third-Party Defendant
GIGGLESWORLD CORPORATION
James S. Wolford, Esq.
Gallo & Iacovangelo, LLP
180 Canal View Blvd., Suite 100
Rochester, NY 14623
(585) 454-7145
JamesWolford@GalloLaw.com
Attorneys for Defendant/Third-Party Defendant
EC SUPPLY, INC.
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7-17-cv-07726-NSR Document 188 Filed in Filed on 11/11/2020
Alexander J. Drago
Of counsel
adrago@maringoodman.com
November 11, 2020
Via ECF
Honorable Nelson S. Román
United States District Judge
United States Courthouse
300 Quarrapos Street
White Plains, NY 10601-4150
Re:
Michael Holness, et al. v. LG Chem LTD, et al.
Civil Action No.:
7:17-cv-07726
Dear Judge Román:
Please be advised I represent plaintiffs in the above matter. I write in reply to counsel for
defendant Gigglesworld Corporation’s letter of November 11, 2020 (Doc. No. 187). Although
counsel’s letter states he will be filing a more formal response to plaintiffs’ request for a premotion conference for a motion against Gigglesworld, I felt compelled at the present time to
address an absolute mischaracterization of the present state of the pleadings in this matter.
Counsel states in his letter that Gigglesworld Corporation is a former third-party defendant.
That statement is not true. Gigglesworld is still a third-party defendant in this matter. There is no
stipulation and/or order dismissing any of the claims by any of the presently existing parties against
Gigglesworld.
On July 16, 2018, defendant LG Chem Ltd. filed a third-party complaint against
Gigglesworld (Doc. No. 49). Thereafter, on July 7, 2019, defendant LG Chem Ltd. filed an
amended third-party complaint adding EC Supply Inc. as a third-party defendant (Doc. No. 77).
On September 4, 2019, defendant EC Supply Inc. filed an answer to LG’s amended thirdparty complaint. In that answer, EC Supply filed a cross-claim against all defendants and thirdparty defendants and a cross-claim against all defendants and third-party defendants for
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November 11, 2020
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indemnification. Therefore, pursuant to the filing of that answer, there were viable claims by EC
Supply against all the parties, and specifically Gigglesworld Corporation.
On September 4, 2019, defendant EC Supply Inc. filed an answer to plaintiff’s amended
complaint which named EC Supply as a direct defendant. In that answer, EC Supply repeated its
cross-claim for contribution against every defendant in the action and a cross-claim for
contribution against all defendants and third-party defendants (Doc. No. 90). Pursuant to this filing,
EC Supply confirmed its various claims against Gigglesworld.
On September 11, 2019, Gigglesworld filed an answer to all cross-claims and
counterclaims (Doc. No. 91). In that filing, Gigglesworld denied the allegations of the cross-claims
and counterclaims brought by EC Supply against Gigglesworld. Therefore, by virtue of this filing,
Gigglesworld was admitting that EC Supply had cross-claims and counterclaims against
Gigglesworld.
As the Court is aware, plaintiff recently settled their action against LG Chem Ltd. and
thereafter, a partial stipulation of dismissal was entered in this matter (Doc. No. 180). However,
the partial stipulation of dismissal only involved all actions and claims brought by LG Chem
against EC Supply and Gigglesworld and any claims by EC Supply and Gigglesworld against LG
Chem. The stipulation had absolutely no effect on any of the claims brought by EC Supply against
Gigglesworld or Gigglesworld against EC Supply Inc.
Therefore, the present state of the pleadings in this matter is that plaintiffs have a direct
action against EC Supply Inc. and EC Supply Inc. has claims for indemnification and contribution
against Gigglesworld and Gigglesworld has the same claims against EC Supply Inc. There has
been no stipulation or order affecting any of these claims.
Based upon the foregoing, Gigglesworld’s counsel’s statement that Gigglesworld is a
former third-party defendant is not accurate.
Respectfully Submitted,
Alexander J. Drago
AJD/jz
cc:
George A. Smith, Esq.
Murphy & Lambiase
26 Scotchtown Avenue
Goshen, NY 10924
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Page 3 of 3
(845)-291-7100 (Office)
(845)-291-7171 (Fax)
GeorgeSmith@mllawonline.com
Attorney for Third-Party Defendant
GIGGLESWORLD CORPORATION
James S. Wolford, Esq.
Gallo & Iacovangelo, LLP
180 Canal View Blvd., Suite 100
Rochester, NY 14623
(585) 454-7145
JamesWolford@GalloLaw.com
Attorneys for Defendant/Third-Party Defendant
EC SUPPLY, INC.
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Alexander J. Drago
Of counsel
adrago@maringoodman.com
November 10, 2020
Via ECF
Honorable Nelson S. Román
United States District Judge
United States Courthouse
300 Quarrapos Street
White Plains, NY 10601-4150
Re:
Michael Holness, et al. v. LG Chem LTD, et al.
Civil Action No.:
7:17-cv-07726
Dear Judge Román:
Please be advised I represent plaintiffs in the above matter. I write in response to counsel
for EC Supply Inc.’s letter requesting a pre-motion conference in this matter. First, although
plaintiffs are addressing the issues raised in counsel’s letter, plaintiffs are not withdrawing their
request that the motion for summary judgment be stricken since it was filed without the benefit of
a pre-motion conference.
Plaintiffs believe they have viable opposition to the summary judgment motion on the
grounds of relation back and substitution of defendants based upon a mistake concerning a party’s
identity and other relief available under FRCP Rule 15.
Second, if the Court does grant EC Supply’s request to file a motion for summary judgment
on the grounds of statute of limitations, plaintiffs request permission to file a motion pursuant to
Rule 11 and Rule 37, for sanctions and other appropriate relief, entering judgment against thirdparty defendant Gigglesworld Inc. d/b/a Happy Habits Inc. and setting the matter down for an
inquest against said third-party defendant on the grounds that Gigglesworld either negligently or
intentionally withheld the identity of EC Supply in various discovery responses and in deposition.
This conduct prevented the plaintiffs from adding EC Supply as a direct defendant until after the
expiration of the statute of limitations. At first blush, one would wonder what was the benefit to
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Gigglesworld of hiding the identity of EC Supply. Plaintiffs submit the deceit went along with the
false narrative by Gigglesworld that it did not sell these batteries, which has been disproved.
Prior to suit being filed in this matter, my office sought to identify from whom
Gigglesworld purchased its inventory of LG batteries. I contacted the claims adjuster for
Gigglesworld to seek information from the insured about the purchase history. The first response
from the claims adjuster advised that the insured denied selling these types of batteries (later in
discovery, Gigglesworld admitted it sold LG batteries).
Thereafter the claims adjuster advised that the insured would review its records to see from
whom they purchased LG batteries.
Later on, the claims adjuster again reiterated that the insured was still adamant that the
batteries were not sold by Gigglesworld, but if they did purchase them, it was from an entity known
as VapeWorld, an entity owned by defendant RRV Enterprises. Based upon later information, it
was determined that RRV Enterprises had no involvement.
After suit was commenced, Gigglesworld continued to misrepresent from whom it
purchased the batteries. In interrogatories answers, Gigglesworld stated it did not purchase any LG
batteries for two years prior to plaintiff’s incident. Thereafter, on March 14, 2019, during the
deposition of Timothy Serino, president of Gigglesworld, he specifically denied knowing from
which distributor Gigglesworld had purchased LG batteries.
Finally, on June 6, 2019, (after the expiration of statute of limitations) at the deposition of
Angela Bernardo, an employee of Gigglesworld, she admitted LG batteries were purchased from
EC Supply Inc. Thereafter, counsel for Gigglesworld served all parties with the relevant purchase
records from 2015 and 2016 which disclose EC Supply’s identity and prove Gigglesworld misled
the parties about its battery purchases.
Gigglesworld repeatedly misrepresented the identity of the supplier of the batteries which
prevented plaintiffs from naming EC Supply during the statute of limitations. Such conduct has
prevented the plaintiffs from a viable recovery against EC Supply, a sophisticated seller in the
stream of commerce of these batteries. Plaintiffs have an expert who opines the batteries have an
inherent defect that can cause them to burn/explode and under strict liability, every company in
the chain is liable even absent notice. Such conduct deserves a severe punishment and it is on that
basis that plaintiffs seek permission to file a motion against Gigglesworld.
Since this misrepresentation rises to the level of a spoliation claim, plaintiffs request they
be entitled to discovery from Gigglesworld (before plaintiffs file a motion on the issue) regarding
how it conducted the search for the relevant purchase documents to enable plaintiff to utilize that
discovery in its motion against Gigglesworld. At the time that discovery was obtained from
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Gigglesworld, the spoliation and sanction issue was not in the fore, but it is now highly relevant
based upon EC Supply seeking to be dismissed under statute of limitations.
This type of conduct by Gigglesworld should not be countenanced and it should be made
to pay a penalty and price for discovery responses and conduct contrary to the intent and spirit of
the Federal Rules. Moreover, it should not be shielded from judgment based upon lack of diversity.
The District Courts have wide latitude in fashioning a remedy/sanction. By engaging in this sordid
conduct, the diversity issue should not trump punishment.
I await your direction and guidance.
Respectfully Submitted,
Alexander J. Drago
AJD/jz
cc:
George A. Smith, Esq.
Murphy & Lambiase
26 Scotchtown Avenue
Goshen, NY 10924
(845)-291-7100 (Office)
(845)-291-7171 (Fax)
GeorgeSmith@mllawonline.com
Attorney for Third-Party Defendant
GIGGLESWORLD CORPORATION
James S. Wolford, Esq.
Gallo & Iacovangelo, LLP
180 Canal View Blvd., Suite 100
Rochester, NY 14623
(585) 454-7145
JamesWolford@GalloLaw.com
Attorneys for Defendant/Third-Party Defendant
EC SUPPLY, INC.
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Alexander J. Drago
Of counsel
adrago@maringoodman.com
November 9, 2020
Via ECF
Honorable Nelson S. Román
United States District Judge
United States Courthouse
300 Quarrapos Street
White Plains, NY 10601-4150
Re:
Michael Holness, et al. v. LG Chem LTD, et al.
Civil Action No.:
7:17-cv-07726
Dear Judge Román:
Please be advised I represent plaintiffs in the above matter. I wish to alert the Court that
plaintiffs will file their letter in response to EC Supply Inc.’s request for a pre-motion conference
by the close of business tomorrow, November 10, 2020.
I appreciate the Court’s attention and indulgence in this matter.
Respectfully Submitted,
Alexander J. Drago
AJD/jz
cc:
George A. Smith, Esq.
Murphy & Lambiase
26 Scotchtown Avenue
Goshen, NY 10924
(845)-291-7100 (Office)
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November 9, 2020
Page 2 of 2
(845)-291-7171 (Fax)
GeorgeSmith@mllawonline.com
Attorney for Third-Party Defendant
GIGGLESWORLD CORPORATION
James S. Wolford, Esq.
Gallo & Iacovangelo, LLP
180 Canal View Blvd., Suite 100
Rochester, NY 14623
(585) 454-7145
JamesWolford@GalloLaw.com
Attorneys for Defendant/Third-Party Defendant
EC SUPPLY, INC.
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Alexander J. Drago
Of counsel
adrago@maringoodman.com
November 5, 2020
Via ECF
Honorable Nelson S. Román
United States District Judge
United States Courthouse
300 Quarrapos Street
White Plains, NY 10601-4150
Re:
Michael Holness, et al. v. LG Chem LTD, et al.
Civil Action No.:
7:17-cv-07726
Dear Judge Román:
Please be advised I represent plaintiffs in the above matter. I write to object to the motion
for summary judgment filed today by defendant EC supply.
First, EC Supply never requested a pre-motion conference which is a clear requirement
under your individual practice rules. If counsel for EC Supply had adhered to your individual
practice rules, I would have had the opportunity to object to the filing of the motion. In addition,
if such a conference was held, I also would have sought permission to file a motion against a thirdparty defendant Gigglesworld d/b/a Happy Habits Inc., to strike its answer and for sanctions for
various misrepresentations made during the discovery process which impact the motion
improperly filed by EC Supply Inc.
Counsel for EC Supply Inc. should be well aware of your individual rules as a member of
this Court. Moreover, during the last conference call that the parties had with Magistrate Paul
Davison, Mr. Wolford, counsel for EC Supply, advised the Court that EC Supply might possibly
file a motion for summary judgment and the Magistrate advised Mr. Wolford that is something
that we would discuss at the next conference, which is now scheduled for November 9, 2020.
I respectfully request that the filed motion for summary judgment be stricken from the
docket.
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November 5, 2020
Page 2 of 2
Respectfully Submitted,
Alexander J. Drago
AJD/jz
cc:
George A. Smith, Esq.
Murphy & Lambiase
26 Scotchtown Avenue
Goshen, NY 10924
(845)-291-7100 (Office)
(845)-291-7171 (Fax)
GeorgeSmith@mllawonline.com
Attorney for Third-Party Defendant
GIGGLESWORLD CORPORATION
James S. Wolford, Esq.
Gallo & Iacovangelo, LLP
180 Canal View Blvd., Suite 100
Rochester, NY 14623
(585) 454-7145
JamesWolford@GalloLaw.com
Attorneys for Defendant/Third-Party Defendant
EC SUPPLY, INC.
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Case Case 7:17-cv-07726-NSR-PED Document 194 NYSD11/18/20 Page 26Page 1 of 2
7-17-cv-07726-NSR Document 182 Filed in Filed on 11/05/2020
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
_______________________________________________
MICHAEL HOLNESS and JANEE HOLNESS,
Plaintiffs,
- vs LG CHEM LTD., and RRV ENTERPRISES, LLC,
EC SUPPLY INC.’S NOTICE OF
MOTION FOR SUMMARY
JUDGMENT
Civ. No.: 17:17-cv-7726(NSR)(PED)
Defendants.
_______________________________________________
LG CHEM LTD.,
Third-Party Plaintiff,
- vs GIGGLESWORLD CORPORATION, D/B/A HAPPY
HABITS VAPE AND SMOKE SHOP and EC SUPPLY, INC.
Third-Party Defendants.
_________________________________________
PLEASE TAKE NOTICE, that upon the Statement of Material Facts, pursuant to Local
Rule 56.1, the Declaration of James S. Wolford, dated November 4, 2020, with exhibits, and the
accompanying Memorandum of Law, Defendant EC Supply Inc. (hereinafter “EC Supply”) will
move this Court, before the Honorable Nelson S. Roman, United States District Judge, in
Courtroom 218 of the United States Courthouse, 300 Quarropas Street, White Plains, New York
10601-4150, for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure dismissing
Plaintiffs’ complaint, specifically causes of action eleven through and including sixteen, on Statute
of Limitations grounds.
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7-17-cv-07726-NSR Document 182 Filed in Filed on 11/05/2020
Dated: Rochester, NY
November 4, 2020
Respectfully submitted,
GALLO & IACOVANGELO, LLP
/s/ James S. Wolford, Esq.
James S. Wolford, Esq.
Attorneys for Defendant EC Supply, Inc.
180 Canal View Blvd., Suite 100
Rochester, NY 14623
Telephone: (585) 454-7145
E-Mail: JamesWolford@GalloLaw.com
TO:
Alexander J Drago, Esq.
Attorney for Plaintiff
Marin Goodman LLP
500 Mamaroneck Ave, Suite 501
Harrison, NY 10528
CC:
Troy Cunningham, Esq.
Attorney for Defendant LG Chem Ltd.
Lewis Brisbois Bisgaard & Smith LLP
77 Water Street
21st Floor
New York, NY 10005
RRV Enterprises LLC
Pro Se Defendant
2121 S. Portland Avenue
Oklahoma City, OK 73108
George A. Smith, Esq.
Attorney for Gigglesworld Corporation d/b/a
Happy Habits Vape and Smoke Shop
Murphy & Lambiase
1997 State Route 17m
Goshen, NY 10924