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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK


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SKANSKA USA BUILDINO INC., : Index No. 652680/2014

Plaintiff, : IAS Part 39


: Justice Saliann Scarpulia
-against- :

ATLANTIC YARDS B2 OWNER, LLC; FOREST CITY:


RATNER COMPANIES, LLC; ABC COMPANIES #'s :
1-25 and JOHN DOES #'s 1-25 (names being fictitious :
and unknown), :

Defendants. :
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ATLANTIC YARDS B2 OWNER, LLC, : Index No. 652681/2014

Plaintiff,

-against-

SKANSKA USA BUILDING INC.,

Defendant.
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FCRC MODULAR, LLC and FC MODULAR, LLC : Index No. 652721/2014

(formerly known as FC+Skanska Modular, LLC), :


:

Plaintiffs, :
:
-against- :

SKANSKA MODULAR LLC and RICHARD A. :

KENNEDY, :
:
Defendants. :
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STIPULATION AND [PROPOSED] ORDER APPOINTING A


SPECIAL DISCOVERY MASTER

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

to resolve discovery disputes;

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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

IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for

each of the parties in the Adiens, that, subject to the Court's approval:

1. In connection with the Actions, pursuant to CPLR 3104(b), the McñGrable

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

and/or non-parties that are repmsented l^ædRe^


by attomeys for the parties (see non-panies in

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

seven (7) business days of learning of such conflict.

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

shall each pay their respective JAMS filing fee.

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.

c. Fees incurred for time spent on ad-hi±ative matters shall be

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

concern the work of the Special Discovery Master.

d. None of the fees mentioned hemin shall be taxed as disburranents.

e. Should any dispute arise concerning apportionment of fees, or

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.

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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.

7, Justice Fried is not permittsd to cc--crPate ex pane with either the

Court or the parties concerning matters relating to this eppe!±n-st,

8. Any decisions or orders issued by Justice Fried shall be memorialized in

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

accordance with CPLR 3104(d),

9, This Court shall retain jücisdiction to hear and determine all matters

arising from or related to this Order.

10. This Onier shall be binding on the parties upon the approval of the Court

and thereafter shall be in full force and effect.

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

(212) 382-0909 (212) 715-9100

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-

TROUTMAN SANDERS LLP


Aamn Abraham
Kevin P. Wallace
875 Third Avenue
New Yoriq NY 10022
(212) 704-6000

Attorneys for Atlantic Yards B2 Owner, LLC,


Fortst City Ratner Companies, LLC, and FC
Modular, LLC, and •mn-,~Mies BroorfYeld Asset
Management Inc., MaryAnne Gi!-,,artin, Bruce
Ratner, Robert Sanna, and Scou Stùtman

BYRNE & O'NEl L, LLP KAUFMAN DDLOWICH VOLUCK LP

Kevin J.&Neill têven H. Kapla .


Albert
Wesley M ce 40 Exclumge Place, 20 Floor
11 Broadway, Rm. 910 New York, NY 10005
New York, NY 10004 (212) 485-9969

(212) 422-9424
Attorneys for Banker Steel Company LLC
Attorneys for M.G. McGmth, Inc.

Dated: May 20 E9

SO ORDERED

Honorable Saliann Scarpulla, J.S.C.

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