On July 14, 2018 a
Exhibit,Appendix
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
FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 333 RECEIVED NYSCEF: 10/30/2018
Exhibit B
FILED:
[FILED: WESTCHESTER
WESTCHESTER COUNTY
COUNTY CLERK
CLERK 10/30/2018
09/28/2018 08:57
05:18 PM
PM|
INDEX
INDEX NO.
NO. 60767/2018
60767/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 333
154 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/30/2018
09/28/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PAMELA GOLDSTEIN,
on behalf of herself and all others similarly ORDER AND STIPULATION
situated,
Index No: 60767/2018
Plaintiff,
v. Hon. Linda S. Jamieson
HOULIHAN/LAWRENCE INC.,
Defendant.
IT IS HEREBY STIPULATED AND AGREED, by and among the
undersigned attorneys for the respective parties hereto, as follows:
1. To the extent Defendant's Notice of Motion for its motion to dismiss
(Dkt. 140) set forth a return date of September 28, 2018, the parties agree to
adjourn that return date to either November 9, 2018 if the instant motion remains
or December 7, 2018 if Defendant elects to file a new motion and adopt the dates
indicated below.
2. Plaintiff will file an amended complaint on or before October 1, 2018.
3. Defendant will affirm or withdraw its original motion to dismiss (Dkt.
140) on or before October 9, 2018.
4. In the event that Defendant elects to affirm its original motion,
Plaintiffs opposition will be due on or before October 30, 2018; and Defendant's
reply will be due on or before November 6, 2018.
5. Alternatively, in the event that Defendant elects to withdraw its
original motion, Defendant's motion to dismiss the amended complaint will be due
1 of 2
FILED:
[FILED: WESTCHESTER
WESTCHESTER COUNTY
COUNTY CLERK
CLERK 10/30/2018
09 /28/2 018 08:57
05 : 18 PM INDEX
INDEX NO.
NO. 60767/2018
60767/2018
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 333
154 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/30/2018
09/28/2018
on or before October 30, 2018; Plaintiffs opposition will be due on or before
November 20, 2018; and Defendant's reply will be due on or before December 6,
2018.
6. This stipulation may be signed in counterparts and facsimile/email
copies of our signatures hereon shall have the same force and effect as our original
signatures.
Dated: Armonk, New York
September 28, 2018
BOIES SCHILLER FLEXNER LLP COLLIER HALPERN & NEWBERG, LLP
Jeremy Ve Philip M. Halpern
A Membe of the Firm A Member of the Firm
333 Main One North Lexington Avenue
Armonk, New York 10504 White Plains, New York 10601
(914) 749-8305 (914) 684-6800
Attorneys for Plaintiff Attorneys for Defendant
-and-
BARNESÞBURGLLP
By:
Robert D. MacGill (Pro Hac Vice)
A Member of the Firm
11 South Meridian Street
Indianapolis, IN 46204
(317) 236-1313
Attorneys for Defendant
SO ORDERED:
HON. LINDA S. JAMIESON, J.S.C. DATED
2 of 2
Document Filed Date
October 30, 2018
Case Filing Date
July 14, 2018
Category
Commercial Division
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Preview
FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 333 RECEIVED NYSCEF: 10/30/2018 Exhibit B FILED: [FILED: WESTCHESTER WESTCHESTER COUNTY COUNTY CLERK CLERK 10/30/2018 09/28/2018 08:57 05:18 PM PM| INDEX INDEX NO. NO. 60767/2018 60767/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 333 154 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/30/2018 09/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PAMELA GOLDSTEIN, on behalf of herself and all others similarly ORDER AND STIPULATION situated, Index No: 60767/2018 Plaintiff, v. Hon. Linda S. Jamieson HOULIHAN/LAWRENCE INC., Defendant. IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for the respective parties hereto, as follows: 1. To the extent Defendant's Notice of Motion for its motion to dismiss (Dkt. 140) set forth a return date of September 28, 2018, the parties agree to adjourn that return date to either November 9, 2018 if the instant motion remains or December 7, 2018 if Defendant elects to file a new motion and adopt the dates indicated below. 2. Plaintiff will file an amended complaint on or before October 1, 2018. 3. Defendant will affirm or withdraw its original motion to dismiss (Dkt. 140) on or before October 9, 2018. 4. In the event that Defendant elects to affirm its original motion, Plaintiffs opposition will be due on or before October 30, 2018; and Defendant's reply will be due on or before November 6, 2018. 5. Alternatively, in the event that Defendant elects to withdraw its original motion, Defendant's motion to dismiss the amended complaint will be due 1 of 2 FILED: [FILED: WESTCHESTER WESTCHESTER COUNTY COUNTY CLERK CLERK 10/30/2018 09 /28/2 018 08:57 05 : 18 PM INDEX INDEX NO. NO. 60767/2018 60767/2018 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 333 154 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/30/2018 09/28/2018 on or before October 30, 2018; Plaintiffs opposition will be due on or before November 20, 2018; and Defendant's reply will be due on or before December 6, 2018. 6. This stipulation may be signed in counterparts and facsimile/email copies of our signatures hereon shall have the same force and effect as our original signatures. Dated: Armonk, New York September 28, 2018 BOIES SCHILLER FLEXNER LLP COLLIER HALPERN & NEWBERG, LLP Jeremy Ve Philip M. Halpern A Membe of the Firm A Member of the Firm 333 Main One North Lexington Avenue Armonk, New York 10504 White Plains, New York 10601 (914) 749-8305 (914) 684-6800 Attorneys for Plaintiff Attorneys for Defendant -and- BARNESÞBURGLLP By: Robert D. MacGill (Pro Hac Vice) A Member of the Firm 11 South Meridian Street Indianapolis, IN 46204 (317) 236-1313 Attorneys for Defendant SO ORDERED: HON. LINDA S. JAMIESON, J.S.C. DATED 2 of 2