On May 11, 2018 a
Motion-Secondary
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 02/22/2022
05/20/2022 08:50
09:46 PM
AM INDEX NO. 652343/2018
NYSCEF DOC. NO. 683
700 RECEIVED NYSCEF: 02/22/2022
05/20/2022
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
Index No.: 652343/2018
LABS, LLC, an Illinois limited liability
company Hon. Andrew Borrok
Motion Sequence: 11
Plaintry
-against- AFFIDAVIT OF
GILBERT E. MATTHEWS,
CFA
FIORELLO PHARMACEUTICALS, INC., a
New York corporation,
Defendants.
----------------------------------X
GILBERT E. MATTHEWS, being duly sworn, deposes and says:
1. I am Chairman and Senior Managing Director of Sutter Securities
Financial Services, Inc., Chairman Emeritus and Senior Managing Director of Sutter
Securities, Inc., and a Senior Managing Director of its affiliate, Boustead Securities,
Inc. I have over 60 years of investment banking experience.
2. Defendant Fiorello Pharmaceuticals, Inc. has retained me to provide
testimony and a report of my observations with respect to the claims asserted by the
Plaintiffs in this action.
1 of 4
FILED: NEW YORK COUNTY CLERK 02/22/2022
05/20/2022 08:50
09:46 PM
AM INDEX NO. 652343/2018
NYSCEF DOC. NO. 683
700 RECEIVED NYSCEF: 02/22/2022
05/20/2022
3. Attached hereto as Exhibit GM1 is a true and correct copy of my report,
which accurately records my analysis and conclusions and includes the information
required by Rule 13 of the Commercial Division.
GiLBERT E. MATTHEWS, CFA
Sworn to me on this
22nd
day of Februapff022
Notary Public
Please see attached
Califomia Jurat
2 of 4
FILED: NEW YORK COUNTY CLERK 02/22/2022
05/20/2022 08:50
09:46 PM
AM INDEX NO. 652343/2018
NYSCEF DOC. NO. 683
700 RECEIVED NYSCEF: 02/22/2022
05/20/2022
bedasils ees esses
islul, simotil©
3 of 4
FILED: NEW YORK COUNTY CLERK 02/22/2022
05/20/2022 08:50
09:46 PM
AM INDEX NO. 652343/2018
NYSCEF DOC. NO. 683
700 RECEIVED NYSCEF: 02/22/2022
05/20/2022
CALHFORNIA JURAT WHTH AFFIANT STATEMENT GOVERNMENT CODE § 8202
See Attached Document (Notary to cross out lines1-6 below)
O See Statement Below (Lines 1-6 to be completed only by document signer[s],not Notary)
__ __ _ _ ___- - _ _ .. _ --
_ --- _ _ _ ----- _.-_ _ _ - _ - _ _ - _ --
- -_ .. _ ..._ _ _ --
_-- _- - _ - -_ __
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any)
or other
A notar y public officer
completing this verifies
certificate onlythe identityofthe individual
who signed the
document towhich thiscertificate
is attached,
and not the truthfulness,
accuracy,or validity
of thatdocument.
State of Ca mia C Subscribed and sworn to (or affirmed) before me
County of ·
on this day of , 20
Date Month Year
by
(1)
(and (2) ),
DE S F. P2STONES Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
2 to be the person t who appeared before me.
t
Signature
Si patur of Notary Public
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional,completing this information can deter alteration of the document or
fraudulent reattachment of thisform toan unintended document.
Description of Attached Document
Title or Ty pe of Document: Document Date:
Numtier of Pages: Signer(s) Other Than Named Above:
©20ÑÈlational Association• • 1-800-US NOTARY Item #5910
Notary www.NationalNotary.org (1-800-876-6827)
4 of 4
Document Filed Date
May 20, 2022
Case Filing Date
May 11, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 02/22/2022 05/20/2022 08:50 09:46 PM AM INDEX NO. 652343/2018 NYSCEF DOC. NO. 683 700 RECEIVED NYSCEF: 02/22/2022 05/20/2022 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 Index No.: 652343/2018 LABS, LLC, an Illinois limited liability company Hon. Andrew Borrok Motion Sequence: 11 Plaintry -against- AFFIDAVIT OF GILBERT E. MATTHEWS, CFA FIORELLO PHARMACEUTICALS, INC., a New York corporation, Defendants. ----------------------------------X GILBERT E. MATTHEWS, being duly sworn, deposes and says: 1. I am Chairman and Senior Managing Director of Sutter Securities Financial Services, Inc., Chairman Emeritus and Senior Managing Director of Sutter Securities, Inc., and a Senior Managing Director of its affiliate, Boustead Securities, Inc. I have over 60 years of investment banking experience. 2. Defendant Fiorello Pharmaceuticals, Inc. has retained me to provide testimony and a report of my observations with respect to the claims asserted by the Plaintiffs in this action. 1 of 4 FILED: NEW YORK COUNTY CLERK 02/22/2022 05/20/2022 08:50 09:46 PM AM INDEX NO. 652343/2018 NYSCEF DOC. NO. 683 700 RECEIVED NYSCEF: 02/22/2022 05/20/2022 3. Attached hereto as Exhibit GM1 is a true and correct copy of my report, which accurately records my analysis and conclusions and includes the information required by Rule 13 of the Commercial Division. GiLBERT E. MATTHEWS, CFA Sworn to me on this 22nd day of Februapff022 Notary Public Please see attached Califomia Jurat 2 of 4 FILED: NEW YORK COUNTY CLERK 02/22/2022 05/20/2022 08:50 09:46 PM AM INDEX NO. 652343/2018 NYSCEF DOC. NO. 683 700 RECEIVED NYSCEF: 02/22/2022 05/20/2022 bedasils ees esses islul, simotil© 3 of 4 FILED: NEW YORK COUNTY CLERK 02/22/2022 05/20/2022 08:50 09:46 PM AM INDEX NO. 652343/2018 NYSCEF DOC. NO. 683 700 RECEIVED NYSCEF: 02/22/2022 05/20/2022 CALHFORNIA JURAT WHTH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines1-6 below) O See Statement Below (Lines 1-6 to be completed only by document signer[s],not Notary) __ __ _ _ ___- - _ _ .. _ -- _ --- _ _ _ ----- _.-_ _ _ - _ - _ _ - _ -- - -_ .. _ ..._ _ _ -- _-- _- - _ - -_ __ Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) or other A notar y public officer completing this verifies certificate onlythe identityofthe individual who signed the document towhich thiscertificate is attached, and not the truthfulness, accuracy,or validity of thatdocument. State of Ca mia C Subscribed and sworn to (or affirmed) before me County of · on this day of , 20 Date Month Year by (1) (and (2) ), DE S F. P2STONES Name(s) of Signer(s) proved to me on the basis of satisfactory evidence 2 to be the person t who appeared before me. t Signature Si patur of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of thisform toan unintended document. Description of Attached Document Title or Ty pe of Document: Document Date: Numtier of Pages: Signer(s) Other Than Named Above: ©20ÑÈlational Association• • 1-800-US NOTARY Item #5910 Notary www.NationalNotary.org (1-800-876-6827) 4 of 4