Preview
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
EXHIBIT S
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
------------------------------------------------------------x
EVELYN O’BRIEN, et al. ,
Plaintiff, Index No. 65232/2018
v.
PLAINTIFFS’ SIXTH SET OF
SAGBOLT, LLC, et al. DOCUMENT REQUESTS TO
DEFENDANTS OCEAN PROPERTIES,
Defendants. LTD AND SAGBOLT, LLC
------------------------------------------------------------x
PLEASE TAKE NOTICE THAT pursuant to CPLR §3120, plaintiffs Evelyn O’Brien,
Jamie Lynn Patchett, Chris Fortner, Heather Martin, Jessica Taylor-Mackrodt and Michael Petta
(“Named Plaintiffs”), by their attorneys, Chaudhuri Law, PLLC, Fleishman, Bonner, and Rocco,
LLP and Joseph Moen Esquire, demand that defendants Sagbolt, LLC and Ocean Properties, Ltd
produce for inspection and photocopying the following documents on July 9, 2020 at the offices
of Chaudhuri Law, PLLC, 57 West 57th St, Fourth Fl., New York, New York 10019 at 10:00
AM, or at a mutually agreeable location.
DEFINITIONS
1. “Communication” means any oral, written, or electronic utterance, notation, or
statement of any nature whatsoever, draft or final, potential or actual, by and to whomever made or
attempted to be made, including, but not limited to, correspondence, memoranda, conversations,
dialogues, discussions, interviews, consultations, agreements, electronic messages (including
electronic-mail (“e-mail”), text messages, instant messages, and Company intranet, electronic
bulletin board or Internet site posting) and other understandings between two or more persons. The
term “communication” specifically includes, but is not limited to, any exchange of information by
any means of transmission, including, but not limited to, face-to-face conversations, mail, electronic
mail, telegram, overnight delivery, telephone, facsimile or telex.
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
2. “Catered Event” mean any event held at the Sagamore, including but not limited to,
diners, lunches, breakfasts, weddings, conferences, annual retreats, corporate events, or celebrations
or gatherings of any type, whether in restaurants or designated banquet spaces, in which a Service
Charge was added to a customer bill.
3. “Concern” or “concerning” means consisting of, relating to, referring to, reflecting,
or being in any way legally, logically, or factually connected with the matter discussed.
4. “Documents” means all writings, recordings, correspondence, letters, mail,
telefacsimiles, telegraphs, including, but not limited to, contracts, agreements, understandings,
undertakings, offers, acceptances, e-mail, memoranda, drafts, notes, messages, telephone message
slips, files, records, diaries, calendars, timesheets, time and billing records, financial records,
financial statements (whether or not audited or reviewed), audiotapes, CDs, floppy disks,
videotapes, digital recordings, slides, transparencies, transmissions, and PowerPoint presentations,
in any form, whether physical, handwritten, typed, electronic, digital, analog or otherwise.
5. “Including” means “including, but not limited to” or “including without limitation”.
6. “Ocean Properties” means Ocean Properties, Ltd and its respective subsidiaries,
parent companies, divisions, subdivisions, practice groups, departments, affiliates, predecessors,
successors, joint ventures, present and former officers, directors, partners, principals, employees,
representatives, agents, attorneys, advisors, and all other persons acting or purporting to act on its
behalf.
7. “Portsmouth” means Portsmouth Corporate Financial Services, Inc. and its
respective subsidiaries, parent companies, divisions, subdivisions, practice groups, departments,
affiliates, predecessors, successors, joint ventures, present and former officers, directors, partners,
principals, employees, representatives, agents, attorneys, advisors, and all other persons acting or
purporting to act on its behalf.
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NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
8. “Sagbolt” means Sagbolt, LLC and its respective subsidiaries, parent companies,
divisions, subdivisions, practice groups, departments, affiliates, predecessors, successors, joint
ventures, present and former officers, directors, partners, principals, employees, representatives,
agents, attorneys, advisors, and all other persons acting or purporting to act on its behalf.
9. “Sagamore” means The Sagamore hotel and resort in Bolton Landing, NY.
10. “Service Charge” means any service charge, service fee or any other charge in
addition to charges for food, beverage, lodging, and other specified materials or services paid by
Sagamore customers.
11. “Special Events” means dining events hosted by the Sagamore, including but not
limited to, Thanksgiving dinner, Easter Brunch, and Mother’s Day Brunch.
12. “You” means Sagbolt and Ocean Properties, collectively.
13. “Walsh Family” means Thomas T. Walsh, his children and any entity – including
such entities’ subsidiaries, parent companies, divisions, subdivisions, practice groups, departments,
affiliates, predecessors, successors, joint ventures, present and former officers, directors, partners,
principals, employees, representatives, agents, attorneys, advisors, and all other persons acting or
purporting to act on its behalf – owned, in whole or in part, or controlled, directly or indirectly, by
Thomas T. Walsh and/or one or more of his children or any entity affiliated with Thomas T.
Walsh and/or one or more of his children.
INSTRUCTIONS
1. These document requests are continuing so as to require supplemental responses
as specified in CPLR § 3101(h).
2. In producing documents and other materials, you are required to furnish all
documents or things in your possession, custody, or control, regardless of whether such
documents or materials are possessed by you, your directors, officers, agents, representatives,
subsidiaries, managing agents, affiliates, or investigators, or your attorneys or their agents,
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
employees, representatives or investigators.
3. Documents are to be produced in full and redacted documents will not
constitute compliance with this request. If any requested document or thing cannot be
produced in full, produce it to the extent possible, indicating which document, or portion of
that document, is being withheld, and the reason that document is being withheld.
4. In producing documents, you are requested to produce the original of each
document requested together with all non-identical copies and drafts of that document. If the
original of any documents cannot be located, a copy shall be provided in lieu thereof, and shall
be legible and bound or stapled in the same manner as the original.
5. Pursuant to CPRL § 3122(c), you shall produce documents as they are kept in
the regular course of business or shall organize and label them to correspond to the categories in
the requests. In either case, all documents are to be produced with any identifying labels, file
markings, file jackets, file labels, folders, or similar identifying features. If, for any reason, the
container cannot be produced, produce copies of all labels or other identifying marks.
6. Documents shall be produced in such fashion as to identify the department,
branch or office in whose possession it was located and, where applicable, the natural person in
whose possession it was found and the business address of each document’s custodian.
7. Documents attached to each other should not be separated.
8. Documents not otherwise responsive to this discovery request shall be produced
if such documents mention, discuss, refer to, or explain the documents that are called for by this
discovery request, or if such documents are attached to documents called for by this discovery
request and constitute routing slips, transmittal memoranda or letters, comments, evaluations or
similar materials.
9. If you claim the attorney-client privilege, or any other privilege or work product
protection for any document, that document need not be produced, but you shall identify the
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
withheld document or thing sufficiently to provide the Plaintiff an opportunity to assess the claim
of privilege by describing and listing on a “Privilege Log” the withheld documents’: (a) nature or
type (e.g., letter, memoranda, e-mail, financial model); (b) general subject matter (e.g.
compensation analysis, financial data); (c) date(s); and (d) such other information as is sufficient
to identify the document, including: author(s); recipient(s); and number of pages.
10. Unless otherwise specified, all requests herein refer to the period from April 12,
2012 to the date of production (the “Relevant Period”) and shall include all documents and
information that relate to such period, even though prepared or published outside the Relevant
Period.
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
REQUESTS
1. All: (1) drafts, (2) final versions and (3) emails that concern F & B Guidelines
and other documents providing guidance to Sagamore employees concerning interaction with
Catering Event customers, including but not limited to, instructions concerning booking
Catered Events and paying for Catered Events.
2. All estimates of event costs provided to customers of Catered Events,
including but not limited to, emails attaching or otherwise sending such estimates to
customers.
3. All copies of menus provided to customers of Banquet Events or Special
Events, including, but not limited to, any large party menus or other menus provided to
Banquet Event customers.
4. Documents sufficient to identify each change made to statements concerning
the Service Charge set forth on receipts, including but not limited to, electronic data showing
when such changes were made, who requested the changes, any communications regarding the
changes to the statements, who authorized the changes, and who made such changes.
5. All receipts provided to customers of Banquet Events or Specia Events.
6. All non-prilvledged communications concerning this litigation, including but
not limited to, communications with customers and employees concerning the Service Charge.
7. All contracts with vendors who provide services related to emails, including
but not limited to, companies that provide email hosting services and/or cloud storage services
to You.
8. All: (1) balance sheets and (2) audited or unaudited financial statements
concerning the Sagamore.
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
9. Documents sufficient to identify distribution of profits, dividends or other
payents to Sagamore members or entities or persons affiliated with Sagamore members.
10. All contracts with companies related to hosting, storing, and managing
employment records at the Sagamore.
11. All contracts Ocean Properties, Portsmouth or any entity affiliated with Ocean
Properties or Portsmouth, other than Sagbolt, have entered into relating to services provided to
the Sagamore or for the benefit of the Sagamore.
12. All communications between You and the Walsh Family concerning the
Sagamore.
13. All communications between You and Portsmouth concerning the Sagamore.
14. All communication between Tom Guay, on the one hand, and Portsmouth, the
Walsh Family and/or Ocean Properties, on the other hand, concerning the Sagamore.
15. All communications between You and Tom Guay concerning the terms of his
employment, his compensation, performance review and the scope of his duties.
16. All lease agreements with the Walsh Family relating to the Sagamore.
17. All loan agreements with the Walsh Family relating to the Sagamore.
18. All contracts in which the Walsh Family is a party concerning or benefitting
the Sagamore.
19. All communications and draft disclosures relating to changes to disclsoures of
the Service Charge on banquet event orders.
20. Ocean Properties’ Declaration of Richard C. Ade filed on April 18, 2017 in the
case styled Bouton v. Ocean Properties, Ltd., 9:16-cv-80502, including all exhibits thereto.
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021
Dated: June 19, 2020
New York, New York
Chaudhuri Law, PLLC
_____________________________________
Ananda N. Chaudhuri
57 West 57th St. 4th Fl.
New York, NY 10019
Phone: 267-226-6734
Law Office of Joseph T. Moen
Joseph T. Moen
63 Putnam Street, Suite 202
Saratoga Springs, NY 12866
Phone: 617-575-9240
Preview
FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 EXHIBIT S FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN ------------------------------------------------------------x EVELYN O’BRIEN, et al. , Plaintiff, Index No. 65232/2018 v. PLAINTIFFS’ SIXTH SET OF SAGBOLT, LLC, et al. DOCUMENT REQUESTS TO DEFENDANTS OCEAN PROPERTIES, Defendants. LTD AND SAGBOLT, LLC ------------------------------------------------------------x PLEASE TAKE NOTICE THAT pursuant to CPLR §3120, plaintiffs Evelyn O’Brien, Jamie Lynn Patchett, Chris Fortner, Heather Martin, Jessica Taylor-Mackrodt and Michael Petta (“Named Plaintiffs”), by their attorneys, Chaudhuri Law, PLLC, Fleishman, Bonner, and Rocco, LLP and Joseph Moen Esquire, demand that defendants Sagbolt, LLC and Ocean Properties, Ltd produce for inspection and photocopying the following documents on July 9, 2020 at the offices of Chaudhuri Law, PLLC, 57 West 57th St, Fourth Fl., New York, New York 10019 at 10:00 AM, or at a mutually agreeable location. DEFINITIONS 1. “Communication” means any oral, written, or electronic utterance, notation, or statement of any nature whatsoever, draft or final, potential or actual, by and to whomever made or attempted to be made, including, but not limited to, correspondence, memoranda, conversations, dialogues, discussions, interviews, consultations, agreements, electronic messages (including electronic-mail (“e-mail”), text messages, instant messages, and Company intranet, electronic bulletin board or Internet site posting) and other understandings between two or more persons. The term “communication” specifically includes, but is not limited to, any exchange of information by any means of transmission, including, but not limited to, face-to-face conversations, mail, electronic mail, telegram, overnight delivery, telephone, facsimile or telex. FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 2. “Catered Event” mean any event held at the Sagamore, including but not limited to, diners, lunches, breakfasts, weddings, conferences, annual retreats, corporate events, or celebrations or gatherings of any type, whether in restaurants or designated banquet spaces, in which a Service Charge was added to a customer bill. 3. “Concern” or “concerning” means consisting of, relating to, referring to, reflecting, or being in any way legally, logically, or factually connected with the matter discussed. 4. “Documents” means all writings, recordings, correspondence, letters, mail, telefacsimiles, telegraphs, including, but not limited to, contracts, agreements, understandings, undertakings, offers, acceptances, e-mail, memoranda, drafts, notes, messages, telephone message slips, files, records, diaries, calendars, timesheets, time and billing records, financial records, financial statements (whether or not audited or reviewed), audiotapes, CDs, floppy disks, videotapes, digital recordings, slides, transparencies, transmissions, and PowerPoint presentations, in any form, whether physical, handwritten, typed, electronic, digital, analog or otherwise. 5. “Including” means “including, but not limited to” or “including without limitation”. 6. “Ocean Properties” means Ocean Properties, Ltd and its respective subsidiaries, parent companies, divisions, subdivisions, practice groups, departments, affiliates, predecessors, successors, joint ventures, present and former officers, directors, partners, principals, employees, representatives, agents, attorneys, advisors, and all other persons acting or purporting to act on its behalf. 7. “Portsmouth” means Portsmouth Corporate Financial Services, Inc. and its respective subsidiaries, parent companies, divisions, subdivisions, practice groups, departments, affiliates, predecessors, successors, joint ventures, present and former officers, directors, partners, principals, employees, representatives, agents, attorneys, advisors, and all other persons acting or purporting to act on its behalf. FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 8. “Sagbolt” means Sagbolt, LLC and its respective subsidiaries, parent companies, divisions, subdivisions, practice groups, departments, affiliates, predecessors, successors, joint ventures, present and former officers, directors, partners, principals, employees, representatives, agents, attorneys, advisors, and all other persons acting or purporting to act on its behalf. 9. “Sagamore” means The Sagamore hotel and resort in Bolton Landing, NY. 10. “Service Charge” means any service charge, service fee or any other charge in addition to charges for food, beverage, lodging, and other specified materials or services paid by Sagamore customers. 11. “Special Events” means dining events hosted by the Sagamore, including but not limited to, Thanksgiving dinner, Easter Brunch, and Mother’s Day Brunch. 12. “You” means Sagbolt and Ocean Properties, collectively. 13. “Walsh Family” means Thomas T. Walsh, his children and any entity – including such entities’ subsidiaries, parent companies, divisions, subdivisions, practice groups, departments, affiliates, predecessors, successors, joint ventures, present and former officers, directors, partners, principals, employees, representatives, agents, attorneys, advisors, and all other persons acting or purporting to act on its behalf – owned, in whole or in part, or controlled, directly or indirectly, by Thomas T. Walsh and/or one or more of his children or any entity affiliated with Thomas T. Walsh and/or one or more of his children. INSTRUCTIONS 1. These document requests are continuing so as to require supplemental responses as specified in CPLR § 3101(h). 2. In producing documents and other materials, you are required to furnish all documents or things in your possession, custody, or control, regardless of whether such documents or materials are possessed by you, your directors, officers, agents, representatives, subsidiaries, managing agents, affiliates, or investigators, or your attorneys or their agents, FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 employees, representatives or investigators. 3. Documents are to be produced in full and redacted documents will not constitute compliance with this request. If any requested document or thing cannot be produced in full, produce it to the extent possible, indicating which document, or portion of that document, is being withheld, and the reason that document is being withheld. 4. In producing documents, you are requested to produce the original of each document requested together with all non-identical copies and drafts of that document. If the original of any documents cannot be located, a copy shall be provided in lieu thereof, and shall be legible and bound or stapled in the same manner as the original. 5. Pursuant to CPRL § 3122(c), you shall produce documents as they are kept in the regular course of business or shall organize and label them to correspond to the categories in the requests. In either case, all documents are to be produced with any identifying labels, file markings, file jackets, file labels, folders, or similar identifying features. If, for any reason, the container cannot be produced, produce copies of all labels or other identifying marks. 6. Documents shall be produced in such fashion as to identify the department, branch or office in whose possession it was located and, where applicable, the natural person in whose possession it was found and the business address of each document’s custodian. 7. Documents attached to each other should not be separated. 8. Documents not otherwise responsive to this discovery request shall be produced if such documents mention, discuss, refer to, or explain the documents that are called for by this discovery request, or if such documents are attached to documents called for by this discovery request and constitute routing slips, transmittal memoranda or letters, comments, evaluations or similar materials. 9. If you claim the attorney-client privilege, or any other privilege or work product protection for any document, that document need not be produced, but you shall identify the FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 withheld document or thing sufficiently to provide the Plaintiff an opportunity to assess the claim of privilege by describing and listing on a “Privilege Log” the withheld documents’: (a) nature or type (e.g., letter, memoranda, e-mail, financial model); (b) general subject matter (e.g. compensation analysis, financial data); (c) date(s); and (d) such other information as is sufficient to identify the document, including: author(s); recipient(s); and number of pages. 10. Unless otherwise specified, all requests herein refer to the period from April 12, 2012 to the date of production (the “Relevant Period”) and shall include all documents and information that relate to such period, even though prepared or published outside the Relevant Period. FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 REQUESTS 1. All: (1) drafts, (2) final versions and (3) emails that concern F & B Guidelines and other documents providing guidance to Sagamore employees concerning interaction with Catering Event customers, including but not limited to, instructions concerning booking Catered Events and paying for Catered Events. 2. All estimates of event costs provided to customers of Catered Events, including but not limited to, emails attaching or otherwise sending such estimates to customers. 3. All copies of menus provided to customers of Banquet Events or Special Events, including, but not limited to, any large party menus or other menus provided to Banquet Event customers. 4. Documents sufficient to identify each change made to statements concerning the Service Charge set forth on receipts, including but not limited to, electronic data showing when such changes were made, who requested the changes, any communications regarding the changes to the statements, who authorized the changes, and who made such changes. 5. All receipts provided to customers of Banquet Events or Specia Events. 6. All non-prilvledged communications concerning this litigation, including but not limited to, communications with customers and employees concerning the Service Charge. 7. All contracts with vendors who provide services related to emails, including but not limited to, companies that provide email hosting services and/or cloud storage services to You. 8. All: (1) balance sheets and (2) audited or unaudited financial statements concerning the Sagamore. FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 9. Documents sufficient to identify distribution of profits, dividends or other payents to Sagamore members or entities or persons affiliated with Sagamore members. 10. All contracts with companies related to hosting, storing, and managing employment records at the Sagamore. 11. All contracts Ocean Properties, Portsmouth or any entity affiliated with Ocean Properties or Portsmouth, other than Sagbolt, have entered into relating to services provided to the Sagamore or for the benefit of the Sagamore. 12. All communications between You and the Walsh Family concerning the Sagamore. 13. All communications between You and Portsmouth concerning the Sagamore. 14. All communication between Tom Guay, on the one hand, and Portsmouth, the Walsh Family and/or Ocean Properties, on the other hand, concerning the Sagamore. 15. All communications between You and Tom Guay concerning the terms of his employment, his compensation, performance review and the scope of his duties. 16. All lease agreements with the Walsh Family relating to the Sagamore. 17. All loan agreements with the Walsh Family relating to the Sagamore. 18. All contracts in which the Walsh Family is a party concerning or benefitting the Sagamore. 19. All communications and draft disclosures relating to changes to disclsoures of the Service Charge on banquet event orders. 20. Ocean Properties’ Declaration of Richard C. Ade filed on April 18, 2017 in the case styled Bouton v. Ocean Properties, Ltd., 9:16-cv-80502, including all exhibits thereto. FILED: WARREN COUNTY CLERK 07/30/2021 12:08 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 07/30/2021 Dated: June 19, 2020 New York, New York Chaudhuri Law, PLLC _____________________________________ Ananda N. Chaudhuri 57 West 57th St. 4th Fl. New York, NY 10019 Phone: 267-226-6734 Law Office of Joseph T. Moen Joseph T. Moen 63 Putnam Street, Suite 202 Saratoga Springs, NY 12866 Phone: 617-575-9240