Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018
Exhibit Q
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018
From: Theodore D. Sklar
To: "Tim McEnaney, Esq."; Supernaw, Jessica; Johnson, Michael
Subject: RE: PRIVILEGED & CONFIDENTIAL - ATTORNEY WORK PRODUCT
Date: Friday, December 16, 2016 5:08:30 PM
Mr. McEnaney:
I was looking for a copy of the following per my order of Nov. 30, 2016:
ORDERED, that Perez shall prepare an inventory of the data that he claims is missing from
the “Old” Great Plains Data, the “New” Great Plains Data and the ConnectWise Data that he
previously copied. The inventory shall be provided to Total Parties and to the Discovery
Referee.
Theodore D. Sklar, Esq.
Devitt Spellman Barrett, LLP
50 Route 111, Suite 314
Smithtown, NY 11787
631-724-8833
Fax: 631-724-8010
t.sklar@devittspellmanlaw.com
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s) and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please
contact the sender by reply e-mail, delete and then destroy all copies of the original message.
Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including any attachments)
is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-
related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending
to another party any transaction or tax-related matter(s) addressed herein.
Transmittal of Documents: Any transmittal hereby of an unsigned agreement or other document
does not constitute an offer, and the execution and delivery of the agreement or other document
by you or your client does not constitute a binding contract until such time as it has been
executed by an authorized representative of our client and delivered to you or your client
(subject to anything explicitly to the contrary in any email from us).
From: Tim McEnaney, Esq. [mailto:timothymcenaney@gmail.com]
Sent: Friday, December 16, 2016 4:58 PM
To: Ted Sklar Lootm - Perez Discovery Referee ; Jessica Supernaw
; Johnson, Michael
Subject: Fwd: PRIVILEGED & CONFIDENTIAL - ATTORNEY WORK PRODUCT
Dear Mr. Sklar,
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018
Please see Mr. Demirkaya's reply email and attached draft report and exhibits.
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
documents.
---------- Forwarded message ----------
From: Yalkin Demirkaya
Date: Fri, Dec 16, 2016 at 4:40 PM
Subject: PRIVILEGED & CONFIDENTIAL - ATTORNEY WORK PRODUCT
To: "Tim McEnaney, Esq."
Hi Tim,
As you can understand, your request for immediate production of the interim report came as a
surprise to me. I do not have final report as I am still waiting to hear from Mr. Graziano.
Attached is the draft report I sent to Mr. Graziano last Monday. I am attaching it to this email in its
current format as it was sent to Mr. Graziano (one change I made to it is the name of his company
under his signature as it was not correct) as per your urgent request. I did the best I could under the
circumstances to give you the exhibits. Unfortunately, I am not able to generate Exhibit 6 at this time
under the time constrains. I will ask my staff to generate that exhibit Monday and send it to you as
soon as possible. Please excuse the possible grammatical errors, typos, etc. as this is truly a draft
report and was not meant to be produced in its current format.
Please be advised, I will be traveling entire next week on another case.
Regards,
Yalkin
Yalkin Demirkaya
President
Cyber Diligence, Inc.
575 Underhill Blvd. Suite 209
Syosset, NY 11791
516.342.9378 Office
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018
516.770.6019 Cellular
011.8816.325.21521 Satellite
The information contained in this e-mail message is privileged and confidential and protected from
disclosure. If the reader of this message is not the intended recipient, or an employee or agent
responsible for delivering this message to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this message in error, please notify us immediately by replying to the message and deleting
it from your computer.
Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018 Exhibit Q FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018 From: Theodore D. Sklar To: "Tim McEnaney, Esq."; Supernaw, Jessica; Johnson, Michael Subject: RE: PRIVILEGED & CONFIDENTIAL - ATTORNEY WORK PRODUCT Date: Friday, December 16, 2016 5:08:30 PM Mr. McEnaney: I was looking for a copy of the following per my order of Nov. 30, 2016: ORDERED, that Perez shall prepare an inventory of the data that he claims is missing from the “Old” Great Plains Data, the “New” Great Plains Data and the ConnectWise Data that he previously copied. The inventory shall be provided to Total Parties and to the Discovery Referee. Theodore D. Sklar, Esq. Devitt Spellman Barrett, LLP 50 Route 111, Suite 314 Smithtown, NY 11787 631-724-8833 Fax: 631-724-8010 t.sklar@devittspellmanlaw.com Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and then destroy all copies of the original message. Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax- related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter(s) addressed herein. Transmittal of Documents: Any transmittal hereby of an unsigned agreement or other document does not constitute an offer, and the execution and delivery of the agreement or other document by you or your client does not constitute a binding contract until such time as it has been executed by an authorized representative of our client and delivered to you or your client (subject to anything explicitly to the contrary in any email from us). From: Tim McEnaney, Esq. [mailto:timothymcenaney@gmail.com] Sent: Friday, December 16, 2016 4:58 PM To: Ted Sklar Lootm - Perez Discovery Referee ; Jessica Supernaw ; Johnson, Michael Subject: Fwd: PRIVILEGED & CONFIDENTIAL - ATTORNEY WORK PRODUCT Dear Mr. Sklar, FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018 Please see Mr. Demirkaya's reply email and attached draft report and exhibits. 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 documents. ---------- Forwarded message ---------- From: Yalkin Demirkaya Date: Fri, Dec 16, 2016 at 4:40 PM Subject: PRIVILEGED & CONFIDENTIAL - ATTORNEY WORK PRODUCT To: "Tim McEnaney, Esq." Hi Tim, As you can understand, your request for immediate production of the interim report came as a surprise to me. I do not have final report as I am still waiting to hear from Mr. Graziano. Attached is the draft report I sent to Mr. Graziano last Monday. I am attaching it to this email in its current format as it was sent to Mr. Graziano (one change I made to it is the name of his company under his signature as it was not correct) as per your urgent request. I did the best I could under the circumstances to give you the exhibits. Unfortunately, I am not able to generate Exhibit 6 at this time under the time constrains. I will ask my staff to generate that exhibit Monday and send it to you as soon as possible. Please excuse the possible grammatical errors, typos, etc. as this is truly a draft report and was not meant to be produced in its current format. Please be advised, I will be traveling entire next week on another case. Regards, Yalkin Yalkin Demirkaya President Cyber Diligence, Inc. 575 Underhill Blvd. Suite 209 Syosset, NY 11791 516.342.9378 Office FILED: SUFFOLK COUNTY CLERK 12/07/2018 04:42 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 12/07/2018 516.770.6019 Cellular 011.8816.325.21521 Satellite The information contained in this e-mail message is privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer.