On May 11, 2018 a
Exhibit,Appendix
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 06:12 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 01/06/2022
Exhibit X
February 18, 2018 Email Chain Between Cresco And Fiorello
Including, Inter Alia, Two Emails Asking Cresco About The Management
Oversight Agreement And Due Diligence Process
Index No. 652343/2018 Motion Seq. No. 11
FILED: NEW YORK COUNTY CLERK 01/06/2022 06:12 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 01/06/2022
From: Eric Sirota [eric@fpnys.com]
Sent: 2/18/2018 9:40:38 AM
To: Charlie Bachtell [charlesb@cresco labs.com]
CC: Susan Yoss [susan.yoss@fiorellopharm.com ]; Ken Amann [kena@crescolabs.com]; John Figone
uohnf@crescolabs.com]; Erin Alexander [erina@crescolabs.com ]
Subject: Re: Fiorello/Cresco -- LOI
Charlie,
Congratulations again on PA ... the media coverage was excellent. Hope you had a good trip home and have
recovered from your travels last week. We just wanted to follow-up on the next steps. Now that the LOI is
signed, please let us know how you want to move forward wth diligence and the management oversight and
definitive agreements. In addition, as discussed on Wednesday, please let us know when you plan to come to
NY this week so that we can coordinate everything on our end.
Regards,
Eric
Eric Sirota
eric@fpnys.com
917 .880 .7695
On Feb 12, 2018, at 4: 16 PM, Eric Sirota wrote:
Charlie,
Hope you are enjoying your time in Cabo. Our attorney has added a few clarifying points to the
LOI and consulting agreement. I have attached a markup and clean copy of both
documents. Let us know if you have any questions.
It everything looks good ... it would be much appreciated if John could send both documents
(signed) back to us through Docusign for Fp signature.
Congratulations on the NY opportunity ... we look forward to working with you to ensure an
efficient and effective transition and helping you maximize your business success in NY.
Please let us know how you would like to proceed regarding diligence and the execution of the
management oversight and definitive agreements.
Regards,
Eric
Eric Sirota
Co-CEO
Fiorello Pharmaceuticals
12 East 49th Street - 9th Floor
New York, NY 10017
917-880-7695
CONFIDENTIAL- SUBJECT TO CONFIDENTIALITY STIPULATION AND ORDER CRES00003511
FILED: NEW YORK COUNTY CLERK 01/06/2022 06:12 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 01/06/2022
On Feb 10, 2018, at 6:48 PM, Charlie Bachtell
wrote:
Cresco is signed! (see attached). Eric/Susan, you should have received a Docusign invite -
let us know if that doesn't come through.
Very excited to be moving forward in NY!
Charlie
Charles Bachtell
CEO and Co-Founder
520 W. Erie I Suite 220 I Chicago, IL 60654
Cell I Fax 312.263.1668
charlesb@crescolabs.com I www.crescolabs.com
CONFIDENTIAL- SUBJECT TO CONFIDENTIALITY STIPULATION AND ORDER CRES00003512
Document Filed Date
January 06, 2022
Case Filing Date
May 11, 2018
Category
Commercial Division
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Preview
FILED: NEW YORK COUNTY CLERK 01/06/2022 06:12 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 01/06/2022 Exhibit X February 18, 2018 Email Chain Between Cresco And Fiorello Including, Inter Alia, Two Emails Asking Cresco About The Management Oversight Agreement And Due Diligence Process Index No. 652343/2018 Motion Seq. No. 11 FILED: NEW YORK COUNTY CLERK 01/06/2022 06:12 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 01/06/2022 From: Eric Sirota [eric@fpnys.com] Sent: 2/18/2018 9:40:38 AM To: Charlie Bachtell [charlesb@cresco labs.com] CC: Susan Yoss [susan.yoss@fiorellopharm.com ]; Ken Amann [kena@crescolabs.com]; John Figone uohnf@crescolabs.com]; Erin Alexander [erina@crescolabs.com ] Subject: Re: Fiorello/Cresco -- LOI Charlie, Congratulations again on PA ... the media coverage was excellent. Hope you had a good trip home and have recovered from your travels last week. We just wanted to follow-up on the next steps. Now that the LOI is signed, please let us know how you want to move forward wth diligence and the management oversight and definitive agreements. In addition, as discussed on Wednesday, please let us know when you plan to come to NY this week so that we can coordinate everything on our end. Regards, Eric Eric Sirota eric@fpnys.com 917 .880 .7695 On Feb 12, 2018, at 4: 16 PM, Eric Sirota wrote: Charlie, Hope you are enjoying your time in Cabo. Our attorney has added a few clarifying points to the LOI and consulting agreement. I have attached a markup and clean copy of both documents. Let us know if you have any questions. It everything looks good ... it would be much appreciated if John could send both documents (signed) back to us through Docusign for Fp signature. Congratulations on the NY opportunity ... we look forward to working with you to ensure an efficient and effective transition and helping you maximize your business success in NY. Please let us know how you would like to proceed regarding diligence and the execution of the management oversight and definitive agreements. Regards, Eric Eric Sirota Co-CEO Fiorello Pharmaceuticals 12 East 49th Street - 9th Floor New York, NY 10017 917-880-7695 CONFIDENTIAL- SUBJECT TO CONFIDENTIALITY STIPULATION AND ORDER CRES00003511 FILED: NEW YORK COUNTY CLERK 01/06/2022 06:12 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 01/06/2022 On Feb 10, 2018, at 6:48 PM, Charlie Bachtell wrote: Cresco is signed! (see attached). Eric/Susan, you should have received a Docusign invite - let us know if that doesn't come through. Very excited to be moving forward in NY! Charlie Charles Bachtell CEO and Co-Founder 520 W. Erie I Suite 220 I Chicago, IL 60654 Cell I Fax 312.263.1668 charlesb@crescolabs.com I www.crescolabs.com CONFIDENTIAL- SUBJECT TO CONFIDENTIALITY STIPULATION AND ORDER CRES00003512