Motion-Secondary: 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

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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 __________________ , 2022

                  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                      :
                     company,                                                      :   Hon. Andrew Borrok
                                                                                   :
                                                         Plaintiffs,               :   Mot. Seq. No. __
                                                                                   :
                     v.                                                            :
                                                                                   :   PROPOSED ORDER TO SHOW
                     FIORELLO PHARMACEUTICALS, INC., a                             :   CAUSE TO PRECLUDE REPORT
                     New York corporation,                                         :   OF DOUGLAS S. LAND
                                                                                   :
                                                         Defendant.                :
                                                                                   :
                     -----------------------------------------------------------   X


                  Upon the Affirmation of Jason P. Hipp, counsel for Plaintiffs CRESCO LABS NEW YORK, LLC,

                  and CRESCO LABS, LLC (collectively “Cresco” or “Plaintiffs), and the exhibits annexed thereto,

                  in   support    of   Plaintiff’s    Motion     (the   “Motion”1)      to   Preclude     Defendant      FIORELLO

                  PHARMACEUTICALS, INC, (“Defendant”) from using, referring to, or relying upon the report

                  of Douglas S. Land (“Report”);




                  1
                   Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the
                  Motion.
                                                                            1
                  Let Defendant 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 ____ __, 2022 or as soon thereafter as

                  counsel may be heard, why an order should not be made granting the Motion and:

                       (a) striking the Report;

                       (b) precluding Defendant from using, referring to, or relying upon the Report for any purpose

                           in this litigation; and

                       (c) 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 ____________________ , 2022



                                                                                 E N T E R:



                                                                                ___________________________

                                                                                J.S.C.




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