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.
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FILED: NEW YORK COUNTY CLERK 05/06/2022 04:11 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 695 RECEIVED NYSCEF: 05/06/2022
EXHIBIT 77
Cresco's February 2, 2022 Supplemental Discovery
Requests
Index No. 652343/2018
FILED: NEW YORK COUNTY CLERK 05/06/2022 04:11 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 695 RECEIVED NYSCEF: 05/06/2022
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 :
LABS, LLC, an Illinois limited liability : Index No. 652343/2018
company, :
: Hon. Andrew Borrok
:
Plaintiffs, :
: SUPPLEMENTAL DISCOVERY
v. : REQUESTS
:
:
FIORELLO PHARMACEUTICALS, INC., a :
New York corporation, :
:
Defendant.
----------------------------------------------------------- X
Subject to the Definitions and Instructions in Plaintiffs’ May 29, 2019 Requests for the
Production of Documents, Plaintiffs Cresco Labs, LLC and Cresco Labs New York, LLC seek
the following supplemental discovery limited to the new issue of DOH’s willingness to approve
a transaction that included a term related to the adult legalization of marijuana use in New York
in Fiorello’s merger agreement with Green Thumb Industries (“GTI”), an issue first raised in
Fiorello’s opening summary judgment motion (NYSCEF Doc. No. 341 at 14, 23):
1. All Communications with DOH Concerning (a) the denial(s) of Fiorello’s
proposed change in ownership, including Communications concerning DOH’s
August 23, 2018 and September 25, 2018 letters; (b) the reasons DOH rejected
any proposed change in Fiorello’s ownership; and (c) the adult legalization of
marijuana use in New York.
FILED: NEW YORK COUNTY CLERK 05/06/2022 04:11 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 695 RECEIVED NYSCEF: 05/06/2022
2. All Documents Fiorello contends support the claim in its memorandum of law in
support of its motion for summary judgment that “DOH also refused to approve
any transaction in which any consideration was contingent upon adult
legalization.” NYSCEF Doc. No. 341 at 14.
3. After the production of the documents identified above, Cresco will notice a
deposition of Jerome Levy, Eric Sirota, or another individual with knowledge of
oral communications with DOH, limited to issues Concerning (a) DOH’s
denial(s) of Fiorello’s proposed change in ownership; (b) the reasons DOH
rejected any proposed change in Fiorello’s ownership; and (c) DOH’s views on
consideration contingent on the adult legalization of marijuana use in New York.
Dated: February 2, 2022 JENNER & BLOCK LLP
New York, New York
/s/ Stephen L. Ascher _
Stephen L. Ascher
1155 Avenue of the Americas
New York, NY 10036
212-891-1670
sascher@jenner.com
Counsel for Plaintiffs Cresco Labs New
York, LLC and Cresco Labs, LLC
2
Document Filed Date
May 06, 2022
Case Filing Date
May 11, 2018
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 05/06/2022 04:11 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 695 RECEIVED NYSCEF: 05/06/2022 EXHIBIT 77 Cresco's February 2, 2022 Supplemental Discovery Requests Index No. 652343/2018 FILED: NEW YORK COUNTY CLERK 05/06/2022 04:11 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 695 RECEIVED NYSCEF: 05/06/2022 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 : LABS, LLC, an Illinois limited liability : Index No. 652343/2018 company, : : Hon. Andrew Borrok : Plaintiffs, : : SUPPLEMENTAL DISCOVERY v. : REQUESTS : : FIORELLO PHARMACEUTICALS, INC., a : New York corporation, : : Defendant. ----------------------------------------------------------- X Subject to the Definitions and Instructions in Plaintiffs’ May 29, 2019 Requests for the Production of Documents, Plaintiffs Cresco Labs, LLC and Cresco Labs New York, LLC seek the following supplemental discovery limited to the new issue of DOH’s willingness to approve a transaction that included a term related to the adult legalization of marijuana use in New York in Fiorello’s merger agreement with Green Thumb Industries (“GTI”), an issue first raised in Fiorello’s opening summary judgment motion (NYSCEF Doc. No. 341 at 14, 23): 1. All Communications with DOH Concerning (a) the denial(s) of Fiorello’s proposed change in ownership, including Communications concerning DOH’s August 23, 2018 and September 25, 2018 letters; (b) the reasons DOH rejected any proposed change in Fiorello’s ownership; and (c) the adult legalization of marijuana use in New York. FILED: NEW YORK COUNTY CLERK 05/06/2022 04:11 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 695 RECEIVED NYSCEF: 05/06/2022 2. All Documents Fiorello contends support the claim in its memorandum of law in support of its motion for summary judgment that “DOH also refused to approve any transaction in which any consideration was contingent upon adult legalization.” NYSCEF Doc. No. 341 at 14. 3. After the production of the documents identified above, Cresco will notice a deposition of Jerome Levy, Eric Sirota, or another individual with knowledge of oral communications with DOH, limited to issues Concerning (a) DOH’s denial(s) of Fiorello’s proposed change in ownership; (b) the reasons DOH rejected any proposed change in Fiorello’s ownership; and (c) DOH’s views on consideration contingent on the adult legalization of marijuana use in New York. Dated: February 2, 2022 JENNER & BLOCK LLP New York, New York /s/ Stephen L. Ascher _ Stephen L. Ascher 1155 Avenue of the Americas New York, NY 10036 212-891-1670 sascher@jenner.com Counsel for Plaintiffs Cresco Labs New York, LLC and Cresco Labs, LLC 2