Party Discovery: Cresco Labs New York, Llc, a New York limited liability company, Cresco Labs Llc, An Illinois Limited Liability Company v. Fiorello Pharmaceuticals, Inc., a New York corporation, Eric Sirota, Susan Yoss, John Does 1 - 10

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                At IAS Part 53 of the Supreme Court of the
                                                                                   State of New York, held at the Courthouse,
                                                                                   60  Centre Street, New York, New York on
                                                                                   the ___ day of                             , 2021

                  P R E S E N T:

                                             HON. ________________________,
                                                               JUSTICE


                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK
                   -------------------------------------------------------X
                   CRESCO LABS, NEW YORK, LLC, a New
                   York limited liability company, and CRESCO                               Index No.: 652343/2018
                   LABS, LLC, an Illinois limited liability                                 Hon. Andrew Borrok
                   company
                                                                                            Motion Sequence: ___
                                                                Plaintiff,
                                                                                             [PROPOSED] ORDER TO
                                              -against-                                              SHOW CAUSE

                   FIORELLO PHARMACEUTICALS, INC., a
                   New York corporation,

                                                                Defendants.
                   -------------------------------------------------------X


                  Upon     the  Affirmation       of  Rachel    Izower-Faddé,         counsel    for  Defendant       FIORELLO

                  PHARMACEUTICALS,                    INC,    (“Defendant”),        and   the   exhibits    annexed      thereto,   in

                  support     of  Defendant’s        Motion       (the  “Motion” 1)       to  Preclude     Plaintiffs    CRESCO

                  LABS,      NEW      YORK,       LLC,     and   CRESCO         LABS,      LLC     (collectively      “Cresco”      or



                  1
                    Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the
                  Motion.
                  “Plaintiffs)     from   using,    referring    to,  or  relying    upon    documents       Plaintiffs    failed   to

                  produce in discovery;


                  Let Plaintiffs show cause before Part 53 of the New York Supreme Court, New York

                  County, 60 Centre Street, New York, New York, at ______am/pm on ____ __, 2021

                  or  as  soon    thereafter     as  counsel     may    be   heard,    why    an  order    should    not   be  made

                  granting the Motion and:


                           (a)(i)  striking    and   disregarding      all  references     to  ¶ 19   of  the  Hipp    Cross    Mtn.

                  Aff.   and   Exhibit     16   thereto    in  connection       with   Cresco’s      cross   motion      for  partial

                  summary        judgment,       and   (ii)  precluding       Cresco      from    relying     on   these    hearsay

                  materials to support its “good faith efforts” claim; and

                           (b)(i) striking     and    disregarding       all  references     to  the   CSEA,      (ii)  precluding

                  Cresco from introducing the CSEA as evidence in these proceedings, (iii) precluding

                  Cresco from offering evidence that DOH knew about CSEA or that the contingencies

                  detailed     therein    when      it approved       the   Cresco-Valley         deal    in  August      of   2019,

                  (iv) precluding       Cresco’s     expert    from    utilizing    the   CSEA      in  his  report,   (v) striking

                  those portions of the expert report that refer or rely upon the CSEA; and

                           (c) awarding Fiorello’s costs and attorneys’                  fees in connection         with bringing

                  this Motion; and
                           (d)  awarding       such   other    and   further    relief   as  the  Court     may    deem     just  and

                  proper.

                           ORDERED that service of a copy of this Order to Show Cause and the papers

                  upon which it is based be made electronically, on or before _______________ shall

                  be deemed good and sufficient service; and

                           IT IS FURTHER ORDERED                      that counsel      shall file proof     of such service by

                  _____________; and

                           IT    IS   FURTHER            ORDERED            that   any     opposition       shall    be    filed    by

                  _________________.



                           SO ORDERED this ____ day of ______________, 2021




                                                                                          E N T E R:




                                                                                          J.S.C.