Contract analysis

1. Nature of the Action and Amount in Controversy This is a breach-of-contract action arising from the termination of a Master Construction Agreement valued at approximately $1.2 billion for the design, engineering, construction, and commissioning of fiber-optic telecommunications infrastructure. The MCA governed a multi-phase, multi-state build-out program spanning seven states. Plaintiff Meridian Infrastructure Par

2. Confidentiality Stipulation The parties have agreed upon and submitted to the Court a Stipulation and Proposed Order Regarding Confidentiality of discovery Materials (the "Confidentiality Stipulation"). The Confidentiality Stipulation provides for two tiers of designation for documents and information produced or disclosed in this litigation: (a) "Confidential" — designating materials containing proprietary busine

3. E-discovery Protocol The parties have agreed upon and submitted to the Court a Stipulated E-discovery Protocol and ESI Agreement (the "E-discovery Protocol") governing the identification, preservation, collection, processing, review, production, and hosting of electronically stored information ("ESI") in this action. The E-discovery Protocol addresses, among other things, the format of production (including load f

4. Document discovery 4(a). Service of Document Requests Each party shall serve its first set of document requests upon the opposing party no later than October 8, 2024. Defendant has represented that it anticipates serving approximately fifty-six (56) document requests in its first set. Plaintiff has represented that it anticipates serving approximately sixty-two (62) document requests in its first set. The parties

5. Interrogatories 5(a). Service of Interrogatories Each party may serve up to twenty-five (25) interrogatories upon the opposing party, including all discrete subparts, no later than October 8, 2024. For purposes of this limitation, each subpart of an interrogatory that calls for a separate factual response shall be counted as a separate interrogatory. The parties are directed to propound interrogatories that are ta

6. Third-Party discovery 6(a). Non-Party Subpoenas Either party may serve subpoenas duces tecum upon non-parties in accordance with CPLR 3101(a)(4) and 3120. Subpoenas directed to non-party subcontractors and municipal permitting authorities shall be served no later than November 15, 2024. The parties have represented that they anticipate serving third-party subpoenas on approximately seven (7) subcontractors who per

7. Depositions 7(a). Fact Witness Depositions — Schedule Fact witness depositions shall be conducted during the following windows, on the dates specified below or as otherwise agreed by counsel: First Deposition Window: November – December 2024 The following key fact witnesses shall be deposed during the first deposition window: (i) Renata Voss (Vice President, US Network Infrastructure, Northgate Fiber Americas Inc.

8. Expert discovery 8(a). Expert Disclosures Each party shall disclose the identity of its retained expert witnesses and provide a brief description of the subject matter of each expert's anticipated testimony no later than January 15, 2025. Expert disclosures shall include the expert's name, professional affiliation, area of expertise, and a general summary of the opinions expected to be offered. Based upon represen

9. Dispositive Motions 9(a). Summary Judgment Motions Any motions for summary judgment, whether for full or partial summary judgment, shall be filed and served no later than August 15, 2025. Motions for summary judgment shall comply with the requirements of CPLR 3212 and Commercial Division Rule 19-a, including the submission of a statement of material facts as to which the moving party contends there is no genuine i

10. Settlement and Alternative Dispute Resolution The parties are encouraged to explore settlement at all stages of this litigation. The Court recognizes that this is a complex commercial dispute involving substantial sums in controversy and that early resolution, if achievable, would serve the interests of both parties and the efficient administration of justice. Counsel are directed to discuss the possibility of se

11. Pre-Trial Proceedings 11(a). Pre-Trial Conference A pre-trial conference shall be held on a date to be set by the Court in October 2025, approximately four (4) weeks prior to the commencement of trial. At the pre-trial conference, the Court and counsel will address, among other things, the anticipated length of trial, the number of witnesses to be called by each side, the anticipated use of deposition testimony,

12. Trial A bench trial is scheduled for a six (6)-week window commencing in November 2025. The specific start date for trial shall be confirmed by the Court and communicated to counsel at or following the pre-trial conference. Trial shall be held in Part 49, 60 Centre Street, New York, New York 10007, before the undersigned, Hon. Eleanor M. Ricci, J.S.C. As noted in Section 1 above, the parties have waived their rig

13. Compliance Conferences The parties shall appear for compliance conferences on the following dates, or as rescheduled by the Court upon notice to counsel: (a) January 27, 2025 — This compliance conference will address the status of document discovery, the progress of fact depositions, and any pending discovery disputes. To the extent any discovery motions have been filed and are pending as of this date, the Court

14. Summary Schedule The following table consolidates all key dates and deadlines established by this Order for ease of reference. In the event of any inconsistency between this summary table and the specific provisions set forth in the body of this Order, the specific provisions of this Order shall control.

15. Reservations and Modifications This Order may be modified by the Court upon application of either party for good cause shown, or by written stipulation of the parties submitted to the Court with leave of Court. Any request for modification of the deadlines or other terms of this Order shall be made promptly upon the party's becoming aware of the need for such modification, and shall be accompanied by a showing of