Exhibit,Appendix: Michael Knopf, Norma Knopf v. Frank M. Esposito, Dorsey & Whitney, Llp, Nathaniel H. Akerman, Edward S. Feldman

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                                FILED:         NEW     YORK       COUNTY        CLERK        09/02/2022             11:32        AM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   888                                                                                RECEIVED      NYSCEF:     09/02/2022




                                                                EXHIBIT              1
   FILED:         NEW     YORK       COUNTY        CLERK        09/02/2022             11:32        AM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   888                                                                                RECEIVED      NYSCEF:     09/02/2022




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK: PART 7
                  ---------------------------------------------------X
                  NORMA KNOPF and MICHAEL KNOPF,

                                             Plaintiffs,                                   Index No. 150315/2019
                      - against -
                                                                                          Justice Lebovits
                  FRANK M. ESPOSITO,
                  DORSEY & WHITNEY, LLP,                                                  STIPULATION
                  NATHANIEL H. AKERMAN, and
                  EDWARD S. FELDMAN,

                                             Defendants.
                  ---------------------------------------------------X
                  EDWARD S. FELDMAN,

                                    Third Party Plaintiff,

                      - against -

                  ERIC W.      BERRY,

                                    Third Party Defendant.
                  ---------------------------------------------------X

                           IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Norma Knopf
                  (“Knopf”) and defendants Dorsey & Whitney LLP (“Dorsey”) and Nathaniel H. Akerman
                  (“Akerman”) (together, the “Dorsey Defendants”), that:

                           1.  Within five business days of the signing of this stipulation by counsel for Knopf and
                  the Dorsey Defendants, the Dorsey Defendants will produce documents, including attachments
                  to any emails, concerning efforts to obtain phone records for any period inclusive of January 12,
                  2016 that were undertaken during the period beginning April 24, 2018 and concluding May 3,
                  2018.   No documents falling into this category, or Request 1 in Knopf’s April 22, 2022
                  document demand, will be withheld.           The production will include any communications within
                  this category that (a) Anthony Badaracco (“Badaracco”) located within the email accounts of the
                  two former Dorsey employees described in paragraphs 14 and 15 of Badaracco’s May 8, 2022
                  affirmation (NYSCEF 759), and/or (b) Badaracco relied upon in making the statements in that
                  affirmation.    By producing this material, the Dorsey Defendants are not waiving any attorney-
                  client, joint defense, or common interest or other applicable privilege, and are not waiving any
                  work product protection or privilege.

                           2.  Within ten business days of the signing of this stipulation by counsel for Knopf and
                  the Dorsey Defendants, the Dorsey Defendants will produce any communications (a) between
                  defendant Edward Feldman (“Feldman”) and non-party Michael Hayden Sanford (“Sanford”)
   FILED:         NEW     YORK       COUNTY        CLERK        09/02/2022             11:32        AM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   888                                                                                RECEIVED      NYSCEF:     09/02/2022




                  and (b) between Akerman and Sanford, for the period October 21, 2015 to July 10, 2017
                  inclusive, that were obtained by the Dorsey Defendants in the form of attachments to emails
                  from Feldman or Sanford that were received after July 10, 2017, to the extent such attachments
                  were not previously produced in this action, Knopf v. Sanford, Index No. 113227/2009, or Knopf
                  v. Esposito, No. 17-cv-5833 (DLC)(SN) (S.D.N.Y.).               The Dorsey Defendants’ obligation under
                  this paragraph shall be limited to producing the communications for the period October 21, 2015
                  to July 10, 2017 inclusive and not the post-July 10, 2017 transmittal emails.               By producing this
                  material, the Dorsey Defendants are not waiving any attorney-client, joint defense, or common
                  interest or other applicable privilege, and are not waiving any work product protection or
                  privilege. If no such records exist following a reasonable search, there will be an affirmation
                  from a knowledgeable attorney to that effect.

                           3.  Within three business days of the signing of this stipulation by counsel for Knopf and
                  the Dorsey Defendants, the Dorsey Defendants shall provide notice of the terms of paragraphs 3
                  and 4 of this stipulation to defendant Frank M. Esposito (“Esposito”), Feldman and Sanford.
                  Unless objected to by Esposito, Feldman and/or Sanford within ten days of such notice, the
                  Dorsey Defendants will produce any communications between the Dorsey Defendants and
                  Feldman concerning the errata or any proposed errata, change, modification, amendment or
                  clarification of the original transcript of Feldman’s June 29, 2017 deposition in Knopf v. Phillips,
                  16 Civ. 6601 (DLC) (S.D.N.Y.).          The Dorsey Defendants’ compliance with this paragraph will
                  not waive a claim by any defendant or any other person of any attorney-client, joint defense,
                  common interest or other applicable privilege, and will not waive any claim of work product
                  protection or privilege.     If no such records exist following a reasonable search, there will be an
                  affirmation from a knowledgeable Dorsey attorney to that effect.

                           4.  To the extent that Knopf is required to obtain an order overruling an objection by
                  Esposito, Feldman and/or Sanford to the Dorsey Defendants’ performance of paragraph 3, supra,
                  the Dorsey Defendants will not oppose any motion by Knopf for an order overruling such
                  objections; will not oppose any proposed order submitted by Knopf that is limited to overruling
                  such objections; and agrees to be bound by any ruling at a discovery conference overruling such
                  objections.

                           5.  Knopf will not take a deposition of Dorsey under §202.20-(d) of the Uniform Civil
                  Rules or CPLR 3106(d), including without limitation the previously noticed deposition of
                  Badaracco.

                           6.  Knopf will withdraw her May 27, 2022 document request with prejudice as to all
                  defendants.

                           7.  Knopf will not seek any further discovery from the Dorsey Defendants; will not serve
                  any additional deposition notices, document requests, interrogatories or requests for admissions
                  that seek information from the Dorsey Defendants; and will not move to compel responses to any
                  prior discovery requests or additional discovery from the Dorsey Defendants.                  However, this
                  provision will not limit Knopf’s right to request the Court to consider any additional information

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   FILED:         NEW     YORK       COUNTY        CLERK        09/02/2022             11:32        AM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   888                                                                                RECEIVED      NYSCEF:     09/02/2022




                      provided by the Dorsey Defendants pursuant to this stipulation in further support of Motion
                      Sequences ll    and 12.   This provision does not limit in any way Knopf's right to demand
                      discovery from, or make discovery-related motions against, the other defendants, or any non-
                      party or witness.   Upon Dorsey's compliance with its obligations under this stipulation, Knopfs
                      April22, 2022 document demand will be deemed withdrawn with prejudice.

                              8.  This stipulation will only be filed with the Court in the event Knopf is required to
                      either (a) obtain an order overruling an objection by Esposito, Feldman and/or Sanford to the
                      Dorsey Defendants' performance of paragraph 3 or (b) compel the Dorsey Defendants'
                      compliance with its obligations under paragraphs 1 or 2, supra.

                      Dated:   New York, New York
                               June 30, 2022

                      Berry Law PLLC                                             Morvillo Abramowitz Grand Jason &
                                                                                 Anello P.C.

                      By: _     ___£~~~~==-,__,                                  By:     w}A..\_/
                              Eric W. Berry                                              EdWard M. Spiro
                      Attorneys for Plaintiff                                    Attorneys for Defendants
                       Norma Knopf                                               Dorsey &    Whitney LLP and
                      745 Fifth Avenue, 5th Floor                                Nathaniel H    Akerman
                      New York, New York         10151                           565 Fifth Avenue, 9th Floor
                      (212) 355-0777                                             New York, New York         10017
                                                                                 (212) 856-9600




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