Appellate Division: Second Judicial Department

M272276

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-14904 Mark Raymond Kinnally, etc., et al., plaintiffs- appellants, v Alexander H. Perlman, etc., et al., defendants-appellants, Iron Mountain Information Management Services, Inc., et al., respondents (and another title). (Index No. 58591/2016)

ORDER TO SHOW CAUSE

Appeals from an amended order of the Supreme Court, Westchester County, dated December 3, 2018. On July 28, 2020, a mediation session in the above-entitled matter was conducted pursuant to 22 NYCRR 670.3(d). The Court has been advised that the parties were unable to engage in meaningful settlement discussions at the meditation session, inter alia, because appellate counsel for the respondents, and/or trial counsel for the respondents Iron Mountain Information Management Services, Inc., Iron Mountain Information Management, LLC, Iron Mountain Information Services, Inc., Iron Mountain, Inc., and Ari Fleet, LT, made inconsistent statements regarding a settlement offer, failed to cooperate with the Special Master as to the participation in the mediation by the corporate respondents' insurer, and advised the Special Master that counsel would "report" the Special Master to this Court.

Now, on the Court's own motion, it is

ORDERED that the parties are directed to show cause why an order should or should not be made and entered imposing such sanctions as the Court may deem appropriate pursuant to 22 NYCRR 670.3(d)(2)(v) upon Matthew W. Naparty and Mauro Lilling Naparty LLP, appellate counsel for the respondents, and Patrick B. Sardino and Cozen O'Connor, LLP, trial counsel for the respondents Iron Mountain Information Management Services, Inc., Iron Mountain Information Management, LLC, Iron Mountain Information Services, Inc., Iron Mountain, Inc., and Ari Fleet, LT, by electronically filing, via NYSCEF, an affirmation or affidavit on that issue, with proof of service thereof, on or before August 25, 2020, at 12:00 o'clock noon of that day, and by appearing before this Court via a virtual hearing, to be held on September 1, 2020, at 10:00 o'clock in the forenoon of that day; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause by uploading a copy of this order to show cause to the NYSCEF system.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court