JOHN DOE (an employee of Defendant KELLERMEYER BERGENSONS, LLC, whose identity is presently unknown to the plaintiff), Respondents.

GORDON REES SCULLY MANSUKHANI, LLP Attor n ey s fo r D efen d ants Target Corporation and Kellermeyer Bergensons Services, LLC.

At a Special Term of the Supreme Court, held in and for the County of Erie, at 92 Franklin Street, Part 5, Buffalo, New York, 14202, on the 29th d,ay of February 2024.

Index No.: 81297912023 A motion having been made by the Plaintiff, PETER PIOTROWSKI, pursuant to CPLR Section 306-b, to extend the time to serve the summons and complaint upon the John Doe defendant, and said motion having duly come on to be heard; NOW, upon reading and filing the notice of motion of plaintiff, dated January ll, 2024, and the supporting affrrmation of Joseph W. Dunbar, dated January 11,2024, in support thereof; and after reading and filing the affrrmation in opposition of Mark A. Trokan, Esq., dated February 15, 2424; and upon reading and filing the reply affirmation of Joseph W. Dunbar, Esq., dated February 27,2024; and said motion having duly come on to be heard by this Court and upon Iof2 rNDEX NO. 8L2919/2023

hearing from Joseph W. Dunbar, Esq., on February 29,2024, in support of the motion; and from Kara S. McCabe, Esq., in opposition thereto; in this Court duly deliberating thereon; is hereby ORDERED, that the motion of the plaintiff to extend the time to serve the John Doe defendant is hereby granted; and upon disclosure of defendants' employees working on the date of the accident, plaintiff shall thereafter have 120 days to serve the summons and complaint upon the John Doe defendant; it is further ORDERED, that the defendants shall respond to the plaintiffs outstanding discovery demands, including demands for witnesses and any video depicting the accident scene on the date of the accident within 30 days hereof.