Infracare Maintenance And Cleaning Services LLC v (1) Kent College LLC FZ (2) Chicago Maintenance & Construction Co LLC [2022] DIFC CFI 116 (11 April 2022)

Claim No. CFI 093/2020
CFI 116/2020

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

INFRACARE MAINTENANCE AND CLEANING SERVICES LLC

Claimant

and

KENT COLLEGE LLC FZ

Defendant / Additional Claimant

CHICAGO MAINTENANCE & CONSTRUCTION CO LLC

Additional Defendant


CONSENT ORDER


UPON the Agreed Case Management Order dated 15 September 2021 setting out a timetable in respect of this matter (the“ACM Order”)

AND UPON the agreement of the Claimant and the Defendant and the Additional Defendant

IT IS HEREBY ORDERED BY CONSENT THAT:

1. Paragraph 3 of the ACM Order is amended such that the period for which proceedings are stayed to allow the parties to engage in alternative dispute resolution is extended to4pm on 10 May 2022.

2. Paragraph 5 of the ACM Order is amended such that the time by which standard production of documents shall be made is extended to4pm on 21 June 2022.

3. Paragraph 6 of the ACM Order is amended such that the time by which the parties shall file and serve a Request to Produce is extended to4pm on 8 July 2022.

4. Paragraph 7 of the ACM Order is amended such that the time by which the parties shall file Objections to Request to Produce, if any, is extended to4pm on 19 July 2022.

5. Paragraph 8 of the ACM Order is amended such that the time by which the parties shall produce documents responsive to the Request to Produce where there are no objections is extended to4pm on 9 August 2022.

6. Paragraph 9 of the ACM Order is amended such that the time by which any application by any party for a Document Production Order shall be made is extended to4pm on 16 August 2022.

7. Paragraph 10 of the ACM Order is amended such that the time by which the parties shall file and exchange signed statements of witnesses of fact, and hearsay notices where required, is extended to4pm on 4 October 2022.

8. Paragraph 11 of the ACM Order is amended such that the time by which the parties shall file and serve any witness statement evidence in reply is extended to4pm on 1 November 2022.

9. Paragraph 13 of the ACM Order is amended such that the time by which the Defendant shall file and serve an expert report in respect of the alleged maintenance defects is extended to4pm on 6 December 2022.

10. Paragraph 14 of the ACM Order is amended such that the time by which the Claimant shall file and serve an expert report in respect of those same issues is extended to4pm on 10 January 2023.

11. Paragraph 15 of the ACM Order is amended such that the date by which the parties’ experts shall meet and produce a joint report identifying the areas where they agree and the areas where they disagree and briefly identifying the reasons for any disagreement is extended to4pm on 31 January 2023.

12. Paragraph 16 of the ACM Order is amended such that the Progress Monitoring Date shall be listed at1pm on 14 March 2023.

13. Paragraph 18 of the ACM Order is amended such that a pre-trial review shall be listed for a date not before21 March 2023.

14. Paragraph 23 of the ACM Order is amended such that the trial of this matter shall be listed for a date not before9 May 2023.

15. Costs of this Order in the case.

Issued by:
Nour Hineidi
Registrar
Date of issue: 11 April 2022
At: 10.30am