On May 11, 2018 a
Party Discovery
was filed
involving a dispute between
Cresco Labs Llc, An Illinois Limited Liability Company,
Cresco Labs New York, Llc,
A New York Limited Liability Company,
and
Eric Sirota,
Fiorello Pharmaceuticals, Inc.,
A New York Corporation,
John Does 1 - 10,
Susan Yoss,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022
Exhibit H(8)
Transcript Excerpts From The Deposition of GTI CEO Ben Kovler
Index No. 652343/2018 Motion Seq. No. 11
FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022
Page 1
1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF NEW YORK: COMMERCIAL DIVISION
3 ---------------------------------------X
4 CRESCO LABS NEW YORK,
LLC, a New York limited
5 liability company, and Case No.
CRESCO LABS LLC, an 652343/2018
6 Illinois limited
liability company,
7 Plaintiffs,
vs.
8
FIORELLO PHARMACEUTICALS, INC.,
9 a New York corporation,
ERIC SIROTA, an
10 individual, SUSAN YOSS,
an individual, and JOHN
11 DOES 1-10,
Defendants.
12 ---------------------------------------X
13
VIDEO DEPOSITION OF
14 GREEN THUMB INDUSTRIES
by and through
15 BEN KOVLER
16
January 29, 2020
17 10:02 a.m.
18 353 North Clark, Suite 4500,
Chicago, Illinois
19
20 Stenographically Reported By:
Deanna Amore - CRR, RPR, CSR - 084-003999
21
22
23
24
25
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FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022
Page 71
1 BY MR. VAIL:
2 Q. That you are seeing in front of you on
3 Exhibit 11.
4 A. Okay.
5 Q. Does that look familiar to you?
6 A. Not really, but I believe you.
7 Q. Do you recall when you first obtained
8 Sirota's cell phone number?
9 A. No.
10 Q. In connection -- possibly in connection
11 with the Vegas meeting in 2017?
12 A. Yeah, sometime in 2017.
13 Q. Possibly in connection with trying to set
14 up that meeting?
15 A. Yeah, in '17.
16 Q. Do you see here, fourth text down,
17 3-22-18, looks like 2:38 p.m., he says, "Hi Ben, we
18 received the LOI, but we are not in a position to
19 discuss until at least March 30."
20 What was your reaction to him sending you
21 that text message?
22 A. Frustrated. Unclear what was actually
23 going on.
24 Q. And why were you frustrated?
25 A. Well, I sent him an email he didn't
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212-279-9424 www.veritext.com 212-490-3430
FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022
Page 72
1 respond to. Then he responds with no response.
2 And then another day goes by, and I said,
3 "Should we expect a response?"
4 And it looks like five hours go by. This
5 was the modus operandi with Eric was talking to a
6 wall without actually getting any answers.
7 Q. Did you seek clarification as to why he
8 told you he received it but are not in position to
9 discuss it until at least March 30?
10 A. I mean, not by text unless there is
11 something not here, but whenever we talked, I would
12 try to figure out what was going on, and it was a
13 frustrating conversation because I could not figure
14 out what was going on.
15 Q. When do you believe you had a better
16 understanding of what he was saying when he was
17 saying, "I'm not in a position to discuss this
18 until at least March 30"?
19 MR. FENTON: Object to the form.
20 MR. LEFTON: Join.
21 THE WITNESS: What was the question?
22 BY MR. VAIL:
23 Q. When, later that day, did you seek some
24 clarification from him? A couple days later?
25 What, to your recollection?
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212-279-9424 www.veritext.com 212-490-3430
FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022
Page 74
1 at least March 30"?
2 A. I think I talked to him on the phone once
3 and was unsuccessful. So I think I probably tried
4 and was unsuccessful.
5 Q. Did you actually -- I just want to
6 understand. Did you actually speak to him and not
7 understand what he was saying even in that
8 conversation, or did you try to call him and not
9 reach him?
10 A. I think I spoke to him live, and he was
11 unresponsive or would answer a different question
12 when asking about this.
13 Q. To the best of your recollection, do you
14 believe that that conversation took -- strike that.
15 To the best of your recollection, do you
16 believe that conversation happened closer to
17 March 22 or to your meeting April 1?
18 MR. FENTON: Object to the form.
19 THE WITNESS: I think I spoke -- I mean, there
20 is only eight days there, but I think I spoke to
21 him on or around the time of sending the email.
22 BY MR. VAIL:
23 Q. Would you characterize your response
24 earlier of being frustrated with this exchange
25 continuing when you get this email from this text
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Preview
FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022 Exhibit H(8) Transcript Excerpts From The Deposition of GTI CEO Ben Kovler Index No. 652343/2018 Motion Seq. No. 11 FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022 Page 1 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF NEW YORK: COMMERCIAL DIVISION 3 ---------------------------------------X 4 CRESCO LABS NEW YORK, LLC, a New York limited 5 liability company, and Case No. CRESCO LABS LLC, an 652343/2018 6 Illinois limited liability company, 7 Plaintiffs, vs. 8 FIORELLO PHARMACEUTICALS, INC., 9 a New York corporation, ERIC SIROTA, an 10 individual, SUSAN YOSS, an individual, and JOHN 11 DOES 1-10, Defendants. 12 ---------------------------------------X 13 VIDEO DEPOSITION OF 14 GREEN THUMB INDUSTRIES by and through 15 BEN KOVLER 16 January 29, 2020 17 10:02 a.m. 18 353 North Clark, Suite 4500, Chicago, Illinois 19 20 Stenographically Reported By: Deanna Amore - CRR, RPR, CSR - 084-003999 21 22 23 24 25 Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022 Page 71 1 BY MR. VAIL: 2 Q. That you are seeing in front of you on 3 Exhibit 11. 4 A. Okay. 5 Q. Does that look familiar to you? 6 A. Not really, but I believe you. 7 Q. Do you recall when you first obtained 8 Sirota's cell phone number? 9 A. No. 10 Q. In connection -- possibly in connection 11 with the Vegas meeting in 2017? 12 A. Yeah, sometime in 2017. 13 Q. Possibly in connection with trying to set 14 up that meeting? 15 A. Yeah, in '17. 16 Q. Do you see here, fourth text down, 17 3-22-18, looks like 2:38 p.m., he says, "Hi Ben, we 18 received the LOI, but we are not in a position to 19 discuss until at least March 30." 20 What was your reaction to him sending you 21 that text message? 22 A. Frustrated. Unclear what was actually 23 going on. 24 Q. And why were you frustrated? 25 A. Well, I sent him an email he didn't Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022 Page 72 1 respond to. Then he responds with no response. 2 And then another day goes by, and I said, 3 "Should we expect a response?" 4 And it looks like five hours go by. This 5 was the modus operandi with Eric was talking to a 6 wall without actually getting any answers. 7 Q. Did you seek clarification as to why he 8 told you he received it but are not in position to 9 discuss it until at least March 30? 10 A. I mean, not by text unless there is 11 something not here, but whenever we talked, I would 12 try to figure out what was going on, and it was a 13 frustrating conversation because I could not figure 14 out what was going on. 15 Q. When do you believe you had a better 16 understanding of what he was saying when he was 17 saying, "I'm not in a position to discuss this 18 until at least March 30"? 19 MR. FENTON: Object to the form. 20 MR. LEFTON: Join. 21 THE WITNESS: What was the question? 22 BY MR. VAIL: 23 Q. When, later that day, did you seek some 24 clarification from him? A couple days later? 25 What, to your recollection? Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 01/06/2022 05:40 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 01/06/2022 Page 74 1 at least March 30"? 2 A. I think I talked to him on the phone once 3 and was unsuccessful. So I think I probably tried 4 and was unsuccessful. 5 Q. Did you actually -- I just want to 6 understand. Did you actually speak to him and not 7 understand what he was saying even in that 8 conversation, or did you try to call him and not 9 reach him? 10 A. I think I spoke to him live, and he was 11 unresponsive or would answer a different question 12 when asking about this. 13 Q. To the best of your recollection, do you 14 believe that that conversation took -- strike that. 15 To the best of your recollection, do you 16 believe that conversation happened closer to 17 March 22 or to your meeting April 1? 18 MR. FENTON: Object to the form. 19 THE WITNESS: I think I spoke -- I mean, there 20 is only eight days there, but I think I spoke to 21 him on or around the time of sending the email. 22 BY MR. VAIL: 23 Q. Would you characterize your response 24 earlier of being frustrated with this exchange 25 continuing when you get this email from this text Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430