By Monday,July 1, 2024, the parties shall file a joint letter updating the Court on the status of mediation.

In light of the parties’ ongoing efforts to resolve this matter, Defendants' motion to dismiss is hereby denied without prejudice to refiling following the conclusion of mediation if a settlement is not consummated.

I write to (a) update the court on mediation and (b) with the consentof all counsel, to inform that Defendants’ recent motion to dismiss date to oppose is corrected from May 29 to August 23, 2024.

Next, Defendants Motion to Dismisslisted a May 29 date to opposethat all parties consent should be corrected to August 23, 2024 for several reasons, including the ongoing mediation.

Kindly So Orderthis letter in regards to noticing the Motion to Dismiss with an opposition due date of August 23 and any reply seven daysthereafter.

#1° TO “JOHN DOE #50”, the names of the last 50 Defendants being fictitious and knownto Plaintiff, and intended to designate the parties with liens subject and subordinate to the lien of mortgage being foreclosed and tenants, lessees, or occupants ofportions ofthe mortgaged premises described in the Complaint, Defendants.

AND the Court having issued a Short Form Orderentered in the Office of the County Clerk of Kings County on December11, 2023 granting Plaintiff's Motion for Summary Judgment and directing Plaintiff to prepare a Long Form Order granting SummaryJudgment and Appointing a Referee to Compute: NOW,uponreview of the Notice of Motion ofPlaintiff's Motion for Summary Judgment dated July 18, 2023, the Affidavit of Donna Demasedated July 17, 2023 and the exhibits thereto, the Affidavit of Stephen Germanodated July 10, 2023 and the exhibits thereto, the Affirmation of Barry G. Felder, Esq. dated July 18, 2023 and the exhibits thereto, the Affidavit of Eli Karp dated August 15, 2023; and upon all other papers submitted on that motion and the proceedings had herein, NOW, uponthe motion of Foley & Lardner LLP, attorneysfor Plaintiff, it is hereby ORDERED,that Plaintiff's motion for summary judgment is granted; andit is further [Nuchaa WeinGomi that

litigation: andit is further ORDERED that the Referee appointed herein is subject to the requirements of Rule 36.2 (c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provision ofthat Rule, the Referee shall notify the Appointing Judge forthwith; and it is further ORDERED,that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not limited to, Section 36.2(e) (“Disqualifications from appointment”), and Section 36.2(d) (“Limitations on appointments based upon compensation”); and it is further ORDERED,that a judgmentin favor ofthe Plaintiff be granted as to the claims described in the Plaintiff's Complaint herein; andit is further ORDERED,thatthe caption of this action be amendedbystriking therefrom the remaining Defendants sued herein as “John Doe #1” to “John Doe #50”, all without prejudice to the proceedings heretofore had herein; andit is further ORDERED,that the caption ofthis action as amended, shall read as follows:

; and it is further ORDERED,that a copy ofthis Order with Notice of Entry shall be served upon the designated Referee, 271 Lenox LLC, Eli Karp and anyotherpartyentitled to notice within twenty (20) days ofentry and noless than thirty (30) days prior to any hearing before the Referee.

The Referee shall not proceed to take evidence as provided herein without proofof such service, which proof must accompanyany application for Final Judgment of Foreclosure and Sale.

#1° TO “JOHN DOE #50”, the names of the last 50 Defendants being fictitious and knownto Plaintiff, and intended to designate the parties with liens subject and subordinate to the lien of mortgage being foreclosed and tenants, lessees, or occupants ofportions ofthe mortgaged premises described in the Complaint, Defendants.

AND the Court having issued a Short Form Orderentered in the Office of the County Clerk of Kings County on December11, 2023 granting Plaintiff's Motion for Summary Judgment and directing Plaintiff to prepare a Long Form Order granting SummaryJudgment and Appointing a Referee to Compute: NOW,uponreview of the Notice of Motion ofPlaintiff's Motion for Summary Judgment dated July 18, 2023, the Affidavit of Donna Demasedated July 17, 2023 and the exhibits thereto, the Affidavit of Stephen Germanodated July 10, 2023 and the exhibits thereto, the Affirmation of Barry G. Felder, Esq. dated July 18, 2023 and the exhibits thereto, the Affidavit of Eli Karp dated August 15, 2023; and upon all other papers submitted on that motion and the proceedings had herein, NOW, uponthe motion of Foley & Lardner LLP, attorneysfor Plaintiff, it is hereby ORDERED,that Plaintiff's motion for summary judgment is granted; andit is further [Nuchaa WeinGomi that

litigation: andit is further ORDERED that the Referee appointed herein is subject to the requirements of Rule 36.2 (c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provision ofthat Rule, the Referee shall notify the Appointing Judge forthwith; and it is further ORDERED,that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not limited to, Section 36.2(e) (“Disqualifications from appointment”), and Section 36.2(d) (“Limitations on appointments based upon compensation”); and it is further ORDERED,that a judgmentin favor ofthe Plaintiff be granted as to the claims described in the Plaintiff's Complaint herein; andit is further ORDERED,thatthe caption of this action be amendedbystriking therefrom the remaining Defendants sued herein as “John Doe #1” to “John Doe #50”, all without prejudice to the proceedings heretofore had herein; andit is further ORDERED,that the caption ofthis action as amended, shall read as follows:

; and it is further ORDERED,that a copy ofthis Order with Notice of Entry shall be served upon the designated Referee, 271 Lenox LLC, Eli Karp and anyotherpartyentitled to notice within twenty (20) days ofentry and noless than thirty (30) days prior to any hearing before the Referee.

The Referee shall not proceed to take evidence as provided herein without proofof such service, which proof must accompanyany application for Final Judgment of Foreclosure and Sale.

However, none of the Providers are reporting the transfer or the receipt of the free powerinjectors.

THIS MATTER comes before the Court by way of Defendants Bracco USA,Inc., Bracco Diagnostics, Inc., and Acist Medical Systems, Inc.; NYU Langone Health System, Inc.; DuPage Medical Group; HonorHealth; Southern Illinois Healthcare Enterprises, Inc.; and Kern County Hospital Authority’s motions to dismiss.

The Court has reviewed the parties’ briefs, and for the reasonsset forth in the Opinion filed herewith, IT IS,on this 12" day of March, 2024; ORDERED that the Defendants’ respective motions, D.E.s 93, 95-98, 100 are GRANTED; andit is finally ORDEREDthat Relator’s Second Amended Complaint is DISMISSED with prejudice.

Dated: March 12, 2024 Sob / The p- Evelyn Padin, U.S.D.J.

However, none of the Providers are reporting the transfer or the receipt of the free powerinjectors.

Judge Jessica S. Allen Martin Luther King Building & U.S.

We write with the consent of all parties to provide the Court with the joint status report due March 4, 2024.

At the last status hearing, the Court adjourned the date for written responses to interrogatories and requests for production of documents from January 22, 2024 to March 8, 2024, understanding that all parties would benefit from resolution of the pending motions to dismiss prior to serving responses to discovery and beginning the process of production of documents.

Furthermore, one Defendant, DuPage Medical Group, Ltd. (“DuPage”) has retained new counsel, whowill need time to get up to speed on the matter.

If Your Honor is so inclined, the_parties would also consent to adjourning the Case Management Conference by two months.

VERMONT, WASHINGTON, and the

VIRGINIA and the DISTRICT OF COLUMBIA, ex rel.

This matter having been brought before the Court on the application of Samuel J. Fishman, Esq., counsel for Defendant DuPage Medical Group, for an Order permitting the pro hac vice admission of Lisa M. Noller, Esq.; and the Court having considered the submissions in support of the application, which reflect that Lisa M. Noller satisfies the requirements set forth in Local Civil Rule 101.1(c); and Plaintiff- Relator having consented to the application; and for good cause shown; March 1st IT IS on this _________ day of _____________, 2024 ORDERED that Lisa M. Noller, Esq., a member in good stand of the Bar of the State of Illinois, be permitted to appear pro hac vice in the above-captioned matter pursuant to Local Civil Rule 101.1(c); and it is further ORDERED that, all pleadings, briefs, and other papers filed with the Court shall be signed by an attorney of Foley & Lardner LLP, counsel of record for Defendant DuPage Medical Group, who is admitted to the Bar of this Court and shall be held responsible for said papers and for the conduct of the case and who will be held responsible for the conduct of the attorney admitted hereby; and it is further ORDERED that Lisa M. Noller, Esq. shall make all required payments to the New Jersey Lawyers’ Fund for Client Protection in accordance with Local Civil Rule 101.1(c)(2) and New Jersey Court Rule 1:28-2(a) within twenty (20) days from the date of the entry of this order, unless previously paid for the current calendar year; and it is further ORDERED that Lisa M. Noller, Esq. shall pay $150.00 to the Clerk of the United States District Court in accordance with Local Civil Rule 101.1(c)(3); and it is further ORDERED that Lisa M. Noller, Esq. shall be bound by the Rules of the United States District Court for the District of New Jersey, including all disciplinary rules, and shall notify the Court immediately of any matter affecting said attorney’s standing at the bar of any court in any jurisdiction.

Jessica S. Allen United States Magistrate Judge

VERMONT, WASHINGTON, and the

VIRGINIA and the DISTRICT OF COLUMBIA, ex rel.

This matter having been brought before the Court on the application of Samuel J. Fishman, Esq., counsel for Defendant DuPage Medical Group, for an Order permitting the pro hac vice admission of Hillary A. Leffue, Esq.; and the Court having considered the submissions in support of the application, which reflect that Hillary A. Leffue satisfies the requirements set forth in Local Civil Rule 101.1(c); and Plaintiff-Relator having consented to the application; and for good cause shown; 27th February IT IS on this _________ day of _____________, 2024 ORDERED that Hillary A. Leffue, Esq., a member in good stand of the Bars of the Commonwealth of Massachusetts and the State of New York, be permitted to appear pro hac vice in the above-captioned matter pursuant to Local Civil Rule 101.1(c); and it is further ORDERED that, all pleadings, briefs, and other papers filed with the Court shall be signed by an attorney of Foley & Lardner LLP, counsel of record for Defendant DuPage Medical Group, who is admitted to the Bar of this Court and shall be held responsible for said papers and for the conduct of the case and who will be held responsible for the conduct of the attorney admitted hereby; and it is further ORDERED that Hillary A. Leffue, Esq. shall make all required payments to the New Jersey Lawyers’ Fund for Client Protection in accordance with Local Civil Rule 101.1(c)(2) and New Jersey Court Rule 1:28-2(a) within twenty (20) days from the date of the entry of this order, unless previously paid for the current calendar year; and it is further ORDERED that Hillary A. Leffue, Esq. shall pay $150.00 to the Clerk of the United States District Court in accordance with Local Civil Rule 101.1(c)(3); and it is further ORDERED that Hillary A. Leffue, Esq. shall be bound by the Rules of the United States District Court for the District of New Jersey, including all disciplinary rules, and shall notify the Court immediately of any matter affecting said attorney’s standing at the bar of any court in any jurisdiction.

s/ Jessica S. Allen Hon.

Jessica S. Allen United States Magistrate Judge

2, Examination before trial shall take place within 45 days ofPreliminary Conference and shall be conducted as follows(priority shall be in accordance with CPLR § 3106 unless otherwise agreed or ordered):

Plaintiff(s) shall appear for examination beforetrial at 4 BID on 6/2/24 _, at TS1D_am//p.m.and shall produceall relevant books, papers, records, and other material for use at the deposition, including Defendant(s) shall appear for examination before trial at Th D am//p.m.and on_G/io/24 ,at TRY shall produceall relevant books, papers, records, and other material for use at the deposition, including

b. Attomeys seeking ruling on objections or making application for any other reliefpertaining to the depositions shall communicate with the Part by telephone conferencecall for a determination and shall make no motion in the absence ofa conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice.

d, The transcript of an examination before trial shall be delivered to the party deposed within forty-five (45) days of the deposition, and shall be returned, duly executed thereafter pursuant to CPLR 3116{a).

c. All parties shall exchangeinformation relating to expert witnesses in compliance with CPLR §3101 and the governing case law.

Pursuant to Rule 4(k) of Your Honor’s Individual Rules and Practices in Civil Cases, Constellation submits this letter motion to schedule a conference on Constellation’s request to compel discovery from Defendant West Side Manhattan Real Estate LLC (“West Side”), and to request an extension of the discovery deadline solely for the purpose of allowing West Side to make productions to rectify the aforementioned deficiencies and allowing West Side to present a 30(b)(6) corporate representative for deposition upon completion of the discovery.

Constellation’s claims arise out of West Side’s failure to pay amounts owed pursuant to an Electricity Supply Agreement (“ESA”) that the parties executed on June 29, 2017.

Pursuant to the ESA, West Side agreed to pay a total of $1,328,968.72 for the energy efficiency equipment, and ultimately paid $102,381.11 of this amount.

On February 9, 2024, Constellation emailed West Side to advise that it would be filing a motion with respect to this discovery dispute.

On February 12, 2024, counsel for Constellation and West Side attended a call to discuss the discovery dispute which made clear that the parties were at an impasse.

Reply Affirmation..................ceeeeeeee eee eneneeenees 14 The Movants failed to establish that no claim was pled against them in the Complaint pursuant to RPAPL 853 and other causes of action.

Finally, neither the landlord Defendant Superior Towing nor any other person or entity filed holdover proceedings to remove Plaintiff, as the letter stated.

Contrary to the Movants’ attorney affirmation, the Complaint clearly alleges that on August 24, 2023,“Defendants and/or agents acting on behalf of Defendants, removedall nine (9) of DMS’ vehicles from the parking lot at the Premises and moved sameto an undisclosed location... .”.

The Complaint herein includes these elements, alleging that all Defendants exercised dominion overthe vehicles, business equipment at the Property and the security deposit.

A complaint need not be a modelof clarity to survive a motion to dismiss, so long as the facts pled make out a cause of action against each defendant pursuant

#1° TO “JOHN DOE #50”, the names of the last 50 Defendants being fictitious and knownto Plaintiff, and intended to designate the parties with liens subject and subordinate to the lien of mortgage being foreclosed and tenants, lessees, or occupants of portions ofthe mortgaged premises described in the Complaint, Defendants.

, Beans with en Cu dress of 2Ay E 7h s¥ BKlyh is appointed Referee 510 2929 to ascertain and compute the amountdueto the Plaintiff herein for principal, interest, and other 15a - costs, disbursements, charges and expensesincurred or advanced as provided for bystatute and in the Note.

01/30/2024 litigation: andit is further ORDERED that the Referee appointed herein is subject to the requirements of Rule 36.2 (c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provision of that Rule, the Referee shall notify the Appointing Judge forthwith; and it is further ORDERED,that byaccepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not limited to, Section 36.2(e) (“Disqualifications from appointment”), and Section 36.2(d) (“Limitations on appointments based upon compensation”); and it is further ORDERED,that a judgmentin favor ofthe Plaintiff be granted as to the claims described in the Plaintiff's Complaint herein; andit is further ORDERED,thatthe caption ofthis action be amendedbystriking therefrom the remaining Defendants sued herein as “John Doe #1” to “John Doe #50”, all without prejudice to the proceedings heretofore had herein; andit is further ORDERED,that the caption ofthis action as amended,shall read as follows:

; and it is further ORDERED,that a copy of this Order with Notice of Entry shall be served upon the designated Referee, 271 Lenox LLC, Eli Karp and anyotherparty entitled to notice within twenty (20) days ofentry and noless than thirty (30) days prior to any hearing before the Referee.

The Referee shall not proceed to take evidence as provided herein without proofof such service, which proof must accompanyany application for Final Judgment of Foreclosure and Sale.

SUPERIOR TOWING AND RECOVERY LLC a/k/a

IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs DMS First Class Auto Sales Inc. and Frances L. Rosado (“Plaintiffs”) and defendants Superior Realco, LLC (“Superior Realco”) and NNN REIT, LP, f/k/and named in the above-captioned matter as “National Retail Properties, LP” (“NNN”) that Plaintiffs will withdraw their Motion for Default Judgment (NYSCEF No. 11) as against Superior Realco and NNN.

IT IS FURTHER STIPULATED AND AGREED, that Superior Realco and NNN hereby appear in this action via counsel, FOLEY AND LARDNER LLP.

IT IS FURTHER STIPULATED AND AGREED, that Superior Realco and NNN hereby waive any defenses based upon personal jurisdiction.

IT IS FURTHER STIPULATED AND AGREED that the time for Superior Realco and NNN time to answer or otherwise respond to the Complaint (NYSCEF No. 1) shall be extended up to and including January 31, 2023.

#1” TO “JOHN DOE #50”, the names of the last 50 Defendants being fictitious and known to Plaintiff, and intended to designate the parties with liens subject and subordinate to the lien of mortgage being foreclosed and tenants, lessees, or occupants of portions of the mortgaged premises described in the Complaint,

At IAS Part 6 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center, Borough of Brooklyn, City and State of New York, on the ________ day of __________________, 2023.

06 Foreclosure of: 271-279 Lenox Road Brooklyn, New York 11232 Block 5066, Lot 68

Plaintiff 271 LENOX PROPERTY LLC (“Plaintiff”), having duly moved this Court for an order pursuant to CPLR 3212 granting summary judgment in favor of Plaintiff on the Complaint, which sought: foreclosure of real property against 271 Lenox LLC; foreclosure of personal property against 271 Lenox LLC; a deficiency judgment against 271 Lenox LLC; a deficiency judgement against Eli Karp pursuant to his Guaranty; an award of Plaintiff’s reasonable attorneys’ fees, costs and disbursements; and such other and further relief as the Court deems just and proper; 4866-2794-4599.8 AND the Court having issued a Short Form Order entered in the Office of the County Clerk of Kings County on December 11, 2023 granting Plaintiff’s Motion for Summary Judgment and directing Plaintiff to prepare a Long Form Order granting Summary Judgment and Appointing a Referee to Compute; NOW, upon review of the Notice of Motion of Plaintiff’s Motion for Summary Judgment dated July 18, 2023, the Affidavit of Donna Demase dated July 17, 2023 and the exhibits thereto, the Affidavit of Stephen Germano dated July 10, 2023 and the exhibits thereto, the Affirmation of Barry G. Felder, Esq. dated July 18, 2023 and the exhibits thereto, the Affidavit of Eli Karp dated August 15, 2023; and upon all other papers submitted on that motion and the proceedings had herein, NOW, upon the motion of Foley & Lardner LLP, attorneys for Plaintiff, it is hereby ORDERED, that Plaintiff’s motion for summary judgment is granted; and it is further ORDERED, that __________________________________________, Esq., with an address of ____________________________________________________ is appointed Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and other costs, disbursements, charges and expenses incurred or advanced as provided for by statute and in the Note, Mortgage, Loan Agreement and other Loan Documents upon which this action was brought, to examine and report whether or not the mortgaged premises should be sold in parcels, and that the Referee make his/her report no later than sixty (60) days of the date of this order and that, except for good cause shown, the Plaintiff shall move for judgment no later than sixty (60) days of the date of the Referee’s report; and it is further ORDERED, that upon submission of the Referee’s Report, Plaintiff shall pay $350.00 to the Referee as compensation for his/her services, which sum may be recouped as a cost of 4866-2794-4599.8 litigation; and it is further ORDERED that the Referee appointed herein is subject to the requirements of Rule 36.2 (c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provision of that Rule, the Referee shall notify the Appointing Judge forthwith; and it is further ORDERED, that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not limited to, Section 36.2(e) (“Disqualifications from appointment”), and Section 36.2(d) (“Limitations on appointments based upon compensation”); and it is further ORDERED, that a judgment in favor of the Plaintiff be granted as to the claims described in the Plaintiff’s Complaint herein; and it is further ORDERED, that the caption of this action be amended by striking therefrom the remaining Defendants sued herein as “John Doe #1” to “John Doe #50”, all without prejudice to the proceedings heretofore had herein; and it is further ORDERED, that the caption of this action as amended, shall read as follows:

4866-2794-4599.8 ; and it is further ORDERED, that a copy of this Order with Notice of Entry shall be served upon the designated Referee, 271 Lenox LLC, Eli Karp and any other party entitled to notice within twenty (20) days of entry and no less than thirty (30) days prior to any hearing before the Referee.