Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018
Exhibit N
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018
From: Tim McEnaney, Esq.
To: Supernaw, Jessica; Ted Sklar Lootm - Perez Discovery Referee; Johnson, Michael
Subject: Re: Perez v. Tedesco - Expert meeting tomorrow?
Date: Saturday, December 3, 2016 12:40:27 PM
Ms. Supernaw,
The items to be discussed by our respective experts are those that were covered related to their upcoming efforts
during our 11/29/16 conference with Mr. Sklar (Plaintiff's spoliation sanctions motion "meet & confer") and in Mr.
Sklar's resulting 11/30/16 Order.They will also confer and agree upon the methods and timing of same so that
compliance with Mr. Sklar's Order may be achieved expeditiously.
As stated previously, Mr. Demirkaya, in compliance with said Order, will visually demonstrate for Mr. Graziano
what he is yet unable to find, including log files, user accounts, and metadata, will inquire as to whether and where
those missing items may be found or obtained, and will show Mr. Graziano the myriad files and data which he has
found in the forensic images entrusted to his care, but which he has, so far, been unable to authenticate.
Mr. Johnson has opined, repeatedly, that Mr. Demirkaya's inability to locate the files and data he needs to
authenticate the contents of the forensic images in his possession is due to his lack of familiarity with Group's
systems. It is hoped that Mr. Graziano, who has been retained for several months a this point as Defendants'
forensic computer expert, and has, presumably, completely familiarized himself with Group's software systems and
infrastructure, will be able to show him anything he may have overlooked.
Once Mr. Graziano has been shown Mr. Demirkaya's findings, Mr. Graziano will be free to give his expert opinion
as to any possible solutions (based upon his familiarity with Total Computer Systems infrastructure, etc.), and, for
any items Mr. Graziano believes require further investigation, he will have the opportunity to independently
investigate solutions and workarounds, privately, with Group's engineers the following day, Tuesday 12/6/16.As
such, respectfully, there is nothing else for Mr. Graziano
to "prepare" for or do in advance, apart from checking his
schedule for next week so that the experts may agree on dates for performing any work they deem necessary.
If, in Mr. Graziano's expert opinion (which, again, he may form either before or after speaking with Group's
engineers on Tuesday, 12/6/16, at his election), the difficulties Mr. Demirkaya has been experiencing can be
addressed, the experts will come to agreement by the following day (Wednesday, 12/7/16) on how and when that
can most quickly be accomplished.
I hope this serves to clarify the purpose of Monday's meeting.
Please feel free to forward this email, along with a
copy of Mr. Sklar's 11/30/16 decision, to Mr. Graziano so that he may consider same in advance, and feel free, as
well, to contact me should you have any other questions regarding same.
Enjoy your weekend.
Best regards,
Timothy McEnaney, Esq.
O: 516.767.6666
C: 631.383.1883
14 Vanderventer Avenue
Suite 250
Port Washington, NY 11050
timothymcenaney@gmail.com
This email transmittal may contain confidential information belonging to the sender which is legally privileged and/or exempt from
disclosure. The information is intended only for the use of the individual or entity named above.
If you are not the intended recipient,
you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents is strictly
prohibited.
If you received this email transmittal in error, please call the sender immediately to arrange for the return of the emailed
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018
documents.
On Sat, Dec 3, 2016 at 9:38 AM, Supernaw, Jessica wrote:
Tim -
Your earlier email requesting the meeting between Mr. Demirkaya and Mr. Graziano notes
"it would be most efficient if your forensic expert would stop by Mr. Demirkaya's office
tomorrow so that he can demonstrate what he, so far, cannot authenticate." Please provide a
list of what Mr. Demirkaya so far cannot authenticate so Mr. Graziano may prepare for the
meeting.
I apologize for the brief misunderstanding regarding timing, which was promptly corrected.
In any event, Mr. Graziano is available at 3 p.m. on Monday to meet with Mr. Demirkaya at
Mr. Demirkaya's office. Please confirm Mr. Demirkaya's availability.
Regards,
Jessica
-----Original Message-----
From: Timothy McEnaney [mailto:timothymcenaney@gmail.com]
Sent: Friday, December 2, 2016 9:04 PM
To: Supernaw, Jessica
Cc: Johnson, Michael
Subject: Re: Perez v. Tedesco - Expert meeting tomorrow?
Ms. Supernaw,
There is no list other than what we have previously discussed in this email chain and the
language of the Court order handed down by Mr. Sklar.
Our experts will discuss how and when they will comply with that Order and schedule same.
Was there something else that you feel requires a description?
Regarding Mr. Graziano' schedule, and whether he was available for a 1:00 meeting on
Monday, what was misunderstood about that - and who misunderstood whom?
Regards,
Timothy McEnaney, Esq.
Sent from my iPhone
On Dec 2, 2016, at 7:32 PM, Supernaw, Jessica wrote:
Tim -
Just received a call from Mr. Graziano - there was a misunderstanding; he is _not_ available
for 1 pm. He remains available for 3 pm Monday.
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018
Best,
Jessica
> On Dec 2, 2016, at 7:19 PM, Supernaw, Jessica wrote:
>
> Tim -
>
> Mr. Graziano is available for 1 pm Monday. Please send the requested list of items for
discussion.
>
> Best,
> Jessica
>
>> On Dec 2, 2016, at 5:55 PM, Timothy McEnaney
wrote:
>>
>> Ms. Supernaw,
>>
>> Mr. Demirkaya has asked that we move the meeting up to 1PM if possible. Is Mr.
Graziano still available for that time?
>>
>> Regards,
>>
>> Tim McEnaney, Esq.
>>
>> Sent from my iPhone
>>
>> On Dec 2, 2016, at 12:45 PM, Supernaw, Jessica
wrote:
>>
>> Tim -
>>
>> 3 p.m. Monday is confirmed. Please provide the address of Mr. Demirkaya's office for
the meeting.
>>
>> In order for Mr. Graziano best prepare for the meeting, please provide a list of items to
be discussed by close of business today, as Mr. Graziano is scheduled to appear in court
Monday morning on another matter.
>>
>> Finally, I confirm that no counsel for Total Parties will attend the meeting between the
experts.
>>
>> Regards,
>> Jessica
>>
>> -----Original Message-----
>> From: Timothy McEnaney [mailto:timothymcenaney@gmail.com]
>> Sent: Friday, December 2, 2016 10:39 AM
>> To: Supernaw, Jessica ; Ted Sklar Lootm - Perez
Discovery Referee ; Johnson, Michael
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018
>> Subject: Re: Perez v. Tedesco - Expert meeting tomorrow?
>>
>> Ms. Supernaw,
>>
>> Mr. Demirkaya is available at 3PM. I assume, as I am unable to attend (due to our 2PM
conference with his Honor, Justice Garguilo, that none of the three defense counsel on this
case will be attending that expert meeting?
>>
>>
>> Regards,
>>
>>
>> Sent from my iPhone
>>
>> On Dec 2, 2016, at 8:58 AM, Supernaw, Jessica wrote:
>>
>> Tim -
>>
>> Mr. Graziano is available to meet with Mr. Demirkaya on Monday after 1 p.m. Please
let us know Mr. Demirkaya's availability Monday afternoon, and send on the address of Mr.
Demirkaya's office for Mr. Graziano.
>>
>> Regards,
>> Jessica
>>
>> -----Original Message-----
>> From: Timothy McEnaney [mailto:timothymcenaney@gmail.com]
>> Sent: Thursday, December 1, 2016 9:54 PM
>> To: Johnson, Michael
>> Cc: Supernaw, Jessica ; Ted Sklar Lootm - Perez
Discovery Referee
>> Subject: Re: Perez v. Tedesco - Expert meeting tomorrow?
>>
>> Mike,
>>
>> This is a sophisticated laboratory environment where the processed forensic data resides
on numerous servers which are impossible to pick up and move to another location and
demonstrate.
>>
>> You are welcome to accompany him if you feel you should attend. I had not planned to
myself, but I will move things around if that is your preference.
>>
>> Best regards,
>>
>>
>> Timothy McEnaney, Esq.
>>
>> Sent from my iPhone
>>
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018
>> On Dec 1, 2016, at 9:39 PM, Johnson, Michael wrote:
>>
>> Tim: Mike Graziano has a prior engagement in the City tomorrow. We're checking on his
schedule for early next week. We'll also see if he agrees it makes sense to meet at
Demirkaya's office.
>>
>> Mike
>>
>> Michael E. Johnson
>> Alston & Bird LLP
>> 90 Park Ave.
>> New York, NY 10016
>> (212) 210-9584
>>
>>> On Dec 1, 2016, at 8:49 PM, Timothy McEnaney
wrote:
>>>
>>> Mike,
>>>
>>> In light of our settlement negotiation earlier today, I think it makes sense for us to move
forward with our efforts to comply with Mr. Sklar's latest order before appearing before
Justice Gargiulo on Monday afternoon.
>>>
>>> Per that order:
>>>
>>> "[T]he parties should engage in further cooperative efforts for the purpose of locating
the alleged missing data before plaintiff brings a motion for penalties pursuant to CPLR
section 3126."
>>>
>>> With respect to the above, it would be most efficient if your forensic expert would stop
by Mr. Demirkaya's office tomorrow so that he can demonstrate what he, so far, cannot
authenticate. At that meeting they can confer, and, where possible, come to agreement as to
what access will be necessary to locate any data missing from the imaged systems.
>>>
>>> Plaintiff's expert has agreed to extend his office hours as late as necessary to
accommodate your expert's schedule, and is available to meet at any time after 2PM
tomorrow, Friday.
>>>
>>> If your expert needs to meet after 8PM, please let me know and I will inform Mr.
Demirkaya so that he can make any necessary arrangements.
>>>
>>> We are continuing our work on preparing an inventory and will provide you with our
completed list next week. Before we finalize it however, I believe it makes sense to provide
our experts with the opportunity to determine what missing data can be obtained from the
site visit Ordered by Mr. Sklar.
>>>
>>> If we can expedite the meeting of our respective experts tomorrow we can efficiently
conduct the site visit and address whatever they agree upon immediately.
>>>
>>> As soon as they are able to complete that site visit, the parties will be able to prepare a
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018
the joint report required by Mr. Sklar.
>>>
>>> Please let me know your experts availability - as soon as possible.
>>>
>>> Best regards,
>>>
>>> Tim McEnaney, Esq.
>>>
>>> Sent from my iPhone
>>>
>>
>> ________________________________
>> NOTICE: This e-mail message and all attachments may contain legally privileged and
confidential information intended solely for the use of the addressee. If you are not the
intended recipient, you are hereby notified that you may not read, copy, distribute or
otherwise use this message or its attachments. If you have received this message in error,
please notify the sender by email and delete all copies of the message immediately.
>>
Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018 Exhibit N FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018 From: Tim McEnaney, Esq. To: Supernaw, Jessica; Ted Sklar Lootm - Perez Discovery Referee; Johnson, Michael Subject: Re: Perez v. Tedesco - Expert meeting tomorrow? Date: Saturday, December 3, 2016 12:40:27 PM Ms. Supernaw, The items to be discussed by our respective experts are those that were covered related to their upcoming efforts during our 11/29/16 conference with Mr. Sklar (Plaintiff's spoliation sanctions motion "meet & confer") and in Mr. Sklar's resulting 11/30/16 Order.They will also confer and agree upon the methods and timing of same so that compliance with Mr. Sklar's Order may be achieved expeditiously. As stated previously, Mr. Demirkaya, in compliance with said Order, will visually demonstrate for Mr. Graziano what he is yet unable to find, including log files, user accounts, and metadata, will inquire as to whether and where those missing items may be found or obtained, and will show Mr. Graziano the myriad files and data which he has found in the forensic images entrusted to his care, but which he has, so far, been unable to authenticate. Mr. Johnson has opined, repeatedly, that Mr. Demirkaya's inability to locate the files and data he needs to authenticate the contents of the forensic images in his possession is due to his lack of familiarity with Group's systems. It is hoped that Mr. Graziano, who has been retained for several months a this point as Defendants' forensic computer expert, and has, presumably, completely familiarized himself with Group's software systems and infrastructure, will be able to show him anything he may have overlooked. Once Mr. Graziano has been shown Mr. Demirkaya's findings, Mr. Graziano will be free to give his expert opinion as to any possible solutions (based upon his familiarity with Total Computer Systems infrastructure, etc.), and, for any items Mr. Graziano believes require further investigation, he will have the opportunity to independently investigate solutions and workarounds, privately, with Group's engineers the following day, Tuesday 12/6/16.As such, respectfully, there is nothing else for Mr. Graziano to "prepare" for or do in advance, apart from checking his schedule for next week so that the experts may agree on dates for performing any work they deem necessary. If, in Mr. Graziano's expert opinion (which, again, he may form either before or after speaking with Group's engineers on Tuesday, 12/6/16, at his election), the difficulties Mr. Demirkaya has been experiencing can be addressed, the experts will come to agreement by the following day (Wednesday, 12/7/16) on how and when that can most quickly be accomplished. I hope this serves to clarify the purpose of Monday's meeting. Please feel free to forward this email, along with a copy of Mr. Sklar's 11/30/16 decision, to Mr. Graziano so that he may consider same in advance, and feel free, as well, to contact me should you have any other questions regarding same. Enjoy your weekend. Best regards, Timothy McEnaney, Esq. O: 516.767.6666 C: 631.383.1883 14 Vanderventer Avenue Suite 250 Port Washington, NY 11050 timothymcenaney@gmail.com This email transmittal may contain confidential information belonging to the sender which is legally privileged and/or exempt from disclosure. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents is strictly prohibited. If you received this email transmittal in error, please call the sender immediately to arrange for the return of the emailed FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018 documents. On Sat, Dec 3, 2016 at 9:38 AM, Supernaw, Jessica wrote: Tim - Your earlier email requesting the meeting between Mr. Demirkaya and Mr. Graziano notes "it would be most efficient if your forensic expert would stop by Mr. Demirkaya's office tomorrow so that he can demonstrate what he, so far, cannot authenticate." Please provide a list of what Mr. Demirkaya so far cannot authenticate so Mr. Graziano may prepare for the meeting. I apologize for the brief misunderstanding regarding timing, which was promptly corrected. In any event, Mr. Graziano is available at 3 p.m. on Monday to meet with Mr. Demirkaya at Mr. Demirkaya's office. Please confirm Mr. Demirkaya's availability. Regards, Jessica -----Original Message----- From: Timothy McEnaney [mailto:timothymcenaney@gmail.com] Sent: Friday, December 2, 2016 9:04 PM To: Supernaw, Jessica Cc: Johnson, Michael Subject: Re: Perez v. Tedesco - Expert meeting tomorrow? Ms. Supernaw, There is no list other than what we have previously discussed in this email chain and the language of the Court order handed down by Mr. Sklar. Our experts will discuss how and when they will comply with that Order and schedule same. Was there something else that you feel requires a description? Regarding Mr. Graziano' schedule, and whether he was available for a 1:00 meeting on Monday, what was misunderstood about that - and who misunderstood whom? Regards, Timothy McEnaney, Esq. Sent from my iPhone On Dec 2, 2016, at 7:32 PM, Supernaw, Jessica wrote: Tim - Just received a call from Mr. Graziano - there was a misunderstanding; he is _not_ available for 1 pm. He remains available for 3 pm Monday. FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018 Best, Jessica > On Dec 2, 2016, at 7:19 PM, Supernaw, Jessica wrote: > > Tim - > > Mr. Graziano is available for 1 pm Monday. Please send the requested list of items for discussion. > > Best, > Jessica > >> On Dec 2, 2016, at 5:55 PM, Timothy McEnaney wrote: >> >> Ms. Supernaw, >> >> Mr. Demirkaya has asked that we move the meeting up to 1PM if possible. Is Mr. Graziano still available for that time? >> >> Regards, >> >> Tim McEnaney, Esq. >> >> Sent from my iPhone >> >> On Dec 2, 2016, at 12:45 PM, Supernaw, Jessica wrote: >> >> Tim - >> >> 3 p.m. Monday is confirmed. Please provide the address of Mr. Demirkaya's office for the meeting. >> >> In order for Mr. Graziano best prepare for the meeting, please provide a list of items to be discussed by close of business today, as Mr. Graziano is scheduled to appear in court Monday morning on another matter. >> >> Finally, I confirm that no counsel for Total Parties will attend the meeting between the experts. >> >> Regards, >> Jessica >> >> -----Original Message----- >> From: Timothy McEnaney [mailto:timothymcenaney@gmail.com] >> Sent: Friday, December 2, 2016 10:39 AM >> To: Supernaw, Jessica ; Ted Sklar Lootm - Perez Discovery Referee ; Johnson, Michael FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018 >> Subject: Re: Perez v. Tedesco - Expert meeting tomorrow? >> >> Ms. Supernaw, >> >> Mr. Demirkaya is available at 3PM. I assume, as I am unable to attend (due to our 2PM conference with his Honor, Justice Garguilo, that none of the three defense counsel on this case will be attending that expert meeting? >> >> >> Regards, >> >> >> Sent from my iPhone >> >> On Dec 2, 2016, at 8:58 AM, Supernaw, Jessica wrote: >> >> Tim - >> >> Mr. Graziano is available to meet with Mr. Demirkaya on Monday after 1 p.m. Please let us know Mr. Demirkaya's availability Monday afternoon, and send on the address of Mr. Demirkaya's office for Mr. Graziano. >> >> Regards, >> Jessica >> >> -----Original Message----- >> From: Timothy McEnaney [mailto:timothymcenaney@gmail.com] >> Sent: Thursday, December 1, 2016 9:54 PM >> To: Johnson, Michael >> Cc: Supernaw, Jessica ; Ted Sklar Lootm - Perez Discovery Referee >> Subject: Re: Perez v. Tedesco - Expert meeting tomorrow? >> >> Mike, >> >> This is a sophisticated laboratory environment where the processed forensic data resides on numerous servers which are impossible to pick up and move to another location and demonstrate. >> >> You are welcome to accompany him if you feel you should attend. I had not planned to myself, but I will move things around if that is your preference. >> >> Best regards, >> >> >> Timothy McEnaney, Esq. >> >> Sent from my iPhone >> FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018 >> On Dec 1, 2016, at 9:39 PM, Johnson, Michael wrote: >> >> Tim: Mike Graziano has a prior engagement in the City tomorrow. We're checking on his schedule for early next week. We'll also see if he agrees it makes sense to meet at Demirkaya's office. >> >> Mike >> >> Michael E. Johnson >> Alston & Bird LLP >> 90 Park Ave. >> New York, NY 10016 >> (212) 210-9584 >> >>> On Dec 1, 2016, at 8:49 PM, Timothy McEnaney wrote: >>> >>> Mike, >>> >>> In light of our settlement negotiation earlier today, I think it makes sense for us to move forward with our efforts to comply with Mr. Sklar's latest order before appearing before Justice Gargiulo on Monday afternoon. >>> >>> Per that order: >>> >>> "[T]he parties should engage in further cooperative efforts for the purpose of locating the alleged missing data before plaintiff brings a motion for penalties pursuant to CPLR section 3126." >>> >>> With respect to the above, it would be most efficient if your forensic expert would stop by Mr. Demirkaya's office tomorrow so that he can demonstrate what he, so far, cannot authenticate. At that meeting they can confer, and, where possible, come to agreement as to what access will be necessary to locate any data missing from the imaged systems. >>> >>> Plaintiff's expert has agreed to extend his office hours as late as necessary to accommodate your expert's schedule, and is available to meet at any time after 2PM tomorrow, Friday. >>> >>> If your expert needs to meet after 8PM, please let me know and I will inform Mr. Demirkaya so that he can make any necessary arrangements. >>> >>> We are continuing our work on preparing an inventory and will provide you with our completed list next week. Before we finalize it however, I believe it makes sense to provide our experts with the opportunity to determine what missing data can be obtained from the site visit Ordered by Mr. Sklar. >>> >>> If we can expedite the meeting of our respective experts tomorrow we can efficiently conduct the site visit and address whatever they agree upon immediately. >>> >>> As soon as they are able to complete that site visit, the parties will be able to prepare a FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 12/07/2018 the joint report required by Mr. Sklar. >>> >>> Please let me know your experts availability - as soon as possible. >>> >>> Best regards, >>> >>> Tim McEnaney, Esq. >>> >>> Sent from my iPhone >>> >> >> ________________________________ >> NOTICE: This e-mail message and all attachments may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient, you are hereby notified that you may not read, copy, distribute or otherwise use this message or its attachments. If you have received this message in error, please notify the sender by email and delete all copies of the message immediately. >>