On July 14, 2018 a
Letter,Correspondence
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
BOlES
SCHILLER
FLEXNER
August 27, 2018
Via NYSECF
Hon. Linda S. Jamieson
Supreme Court of the State of New York
Westchester County
111 Dr. Martin Luther King, Jr. Blvd.
White Plains, N.Y. 10601
Re: Goldstein v. Houlihan/Lawrence Inc.,
No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.)
Dear Justice Jamieson:
I represent Plaintiff Pamela Goldstein in this action, and write in response to
Defendant Houlihan/Lawrence Inc 's letter filed at 3:42 PM this afternoon
requesting an extension of time to respond to Plaintiffs First Requests for
Production of Documents and Notice to Admit.
Plaintiff is amenable to an extension to September 17, 2018. Defendant
should respond to Plaintiffs discovery demands by that date so that the parties can
promptly meet and confer and be prepared to raise any issues with the Court at the
September 20, 2018 preliminary conference.
To the extent Defendant's letter is meant to indicate that it intends to seek a
stay of all discovery pending the determination of what Plaintiff has been led to
believe is its forthcoming motion to dismiss, such a request is contrary to this
Court's strong presumption in favor of allowing discovery to proceed, and should be
denied.
In the meantime, Defendant should not be given even a temporary stay of
extension,"
discovery in the guise of a "courtesy particularly when that request was
first made only hours before the expiration of its deadline rather than "as soon as
practicable"
as required by Commercial Division Rule 13(a).
Respectfully,
/s/ William Ohlemeyer
William Ohlemeyer
cc: All Counsel of Record
BOlES SCHILLER FLEXNER LLP
____
333 Main Street.Armonk, NY 10504 | (t) 914 749
8200 | (f) 914 749
8300 I www.bsfllp.com
Document Filed Date
August 27, 2018
Case Filing Date
July 14, 2018
Category
Commercial Division
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BOlES SCHILLER FLEXNER August 27, 2018 Via NYSECF Hon. Linda S. Jamieson Supreme Court of the State of New York Westchester County 111 Dr. Martin Luther King, Jr. Blvd. White Plains, N.Y. 10601 Re: Goldstein v. Houlihan/Lawrence Inc., No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.) Dear Justice Jamieson: I represent Plaintiff Pamela Goldstein in this action, and write in response to Defendant Houlihan/Lawrence Inc 's letter filed at 3:42 PM this afternoon requesting an extension of time to respond to Plaintiffs First Requests for Production of Documents and Notice to Admit. Plaintiff is amenable to an extension to September 17, 2018. Defendant should respond to Plaintiffs discovery demands by that date so that the parties can promptly meet and confer and be prepared to raise any issues with the Court at the September 20, 2018 preliminary conference. To the extent Defendant's letter is meant to indicate that it intends to seek a stay of all discovery pending the determination of what Plaintiff has been led to believe is its forthcoming motion to dismiss, such a request is contrary to this Court's strong presumption in favor of allowing discovery to proceed, and should be denied. In the meantime, Defendant should not be given even a temporary stay of extension," discovery in the guise of a "courtesy particularly when that request was first made only hours before the expiration of its deadline rather than "as soon as practicable" as required by Commercial Division Rule 13(a). Respectfully, /s/ William Ohlemeyer William Ohlemeyer cc: All Counsel of Record BOlES SCHILLER FLEXNER LLP ____ 333 Main Street.Armonk, NY 10504 | (t) 914 749 8200 | (f) 914 749 8300 I www.bsfllp.com