Preview
FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020
EXHIBIT B
FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
X
PAMELA GOLDSTEIN,
ELLYN & TONY BERK, as Administrators DEFENDANT'S RESPONSES AND
of the Estate of Winifred Berk, and PAUL OBJECTIONS TO PLAINTIFFS'
BENJAMIN, on behalf of themselves FIRST SET OF INTERROGATORIES
and all others similarly situated,
Index No. 60767/2018
Plaintiffs,
-against- I-Ion. Linda S. Jamieson
HOULIHAN/LAWRENCE INC.,
Defendant.
X
Pursuant to Article 31 of the Civil Practice Law and Rules and Rule 11 -a of the
Commercial Division Rules, Houlihan Lawrence, Inc. ("Houlihan Lawrence"), by and through
its attorneys, Collier Halpern & Newberg, LLP and Barnes & Thornburg LLP, as and for its
responses to plaintiffs Pamela Goldstein, Ellyn and Tony Berk, and Paul Benjamin's
("Plaintiffs") First Set of Interrogatories dated November 4, 2019 (the "Interrogatories"), states
as follows:
GENERAL OBJECTIONS
1. Houlihan Lawrence objects to the Interrogatories to the extent that they seek
information that is not relevant to the issues in this case.
2. floulihan Lawrence objects to the Interrogatories to the extent that they seek
information that is not within the possession, custody or control of Houlihan Lawrence.
3. Floulihan Lawrence reserves the right to challenge the relevance, materiality and
admissibility of its responses to the Interrogatories in any subsequent proceeding or the trialof
this or any other action.
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4. To the extent that Houlihan Lawrence responds to Plaintiffs' Interrogatories,
Houlihan Lawrence does not concede that the information is relevant to this action. Houlihan
Lawrence expressly reserves the right to object to further discovery into the subject matter of any
of the Interrogatories and the introduction into evidence of any response or portion thereof.
5. Houlihan Lawrence objects to the Interrogatories to the extent that they seek to
impose duties and obligations upon Houlihan Lawrence in excess of those imposed by the Civil
Practice Law and Rules and/or the Rules of the Commercial Division.
6. Houlihan Lawrence objects to the Interrogatories to the extent that they request
information regarding "all" or "any" person(s), entity(ies) or document(s) on the grounds that
such requests are vague, ambiguous, overly broad, unduly burdensome, oppressive and
vexatious, and seek information that is neither relevant to the subject matter of this action nor
reasonably calculated to lead to the discovery of admissible evidence. Subject to these
objections, Houlihan Lawrence will construe these terms to mean that it is to use reasonable
diligence to provide responsive information within its possession, custody or control. Houlihan
Lawrence reserves the right to rely on any facts, documents or other evidence which may
develop or come to Houlihan Lawrence's attention subsequent hereto. Houlihan Lawrence's
responses are set forth herein without prejudice to its right to assert additional objections or
supplemental responses should it discover additional information or documents or grounds for
objections.
7. Houlihan Lawrence reserves the right to modify, supplement or amend these
responses at any time prior to trial of this action.
8. Houlihan Lawrence objects to the Interrogatories to the extent that they seek
information that is personal, private, confidential or proprietary in nature.
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9. Houlihan Lawrence incorporates each of the foregoing General Objections into its
Specific Objections to each of the Interrogatories. No Specific Objection is intended to waive
any General Objection.
OBJECTIONS TO DEFINITIONS
1. Houlihan Lawrence objects to the definition of "Houlihan Lawrence" or "you" as
overly broad and unduly burdensome, particularly to the extent it purports to include "parents,"
"present or former owners," and other entities and persons not within Houlihan Lawrence's
control.
2. Houlihan Lawrence objects to the definition of "Pocket Listings" as vague and
ambiguous in its reference to a purported "practice of marketing properties off the multiple
listing services."
3. Houlihan Lawrence objects to the definition of "Pre-MLS Marketing" as vague
and ambiguous in its reference to a purported "practice of marketing properties before they are
listed on the multiple listing service."
SPECIFIC OBJECTIONS AND RESPONSES
INTERROGATORY NO. 1: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the creation, drafting, adoption,
implementation of, or compliance with, the Houlihan Lawrence Agency Policy set forth in the
document produced in this Action at HL 21202.
RESPONSE TO INTERROGATORY NO. 1: Houlihan Lawrence objects to this
Interrogatory upon the grounds that itis overbroad and unduly burdensome to the extent that it is
not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this
Interrogatory seeks information that is more appropriately obtained through depositions. Subject
3
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to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of
the following persons: Annette Chrystal, Stephen Meyers, Chris Meyers, Debra Dalton, and/or
Elizabeth Nunan. In addition, each office manager and each independent contractor agent plays
a role in implementation of and compliance with policies.
INTERROGATORY NO. 2: Identify all persons who have, claim to have, or whom you
believe may have knowledge or infonnation relating to the creation, drafting, adoption,
implementation of, or compliance with, the Houlihan Lawrence Agency Disclosure Policy - New
York set forth in the document produced at HL 2169.
RESPONSE TO INTERROGATORY NO. 2: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that itis
not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this
Interrogatory seeks information that is more appropriately obtained through depositions. Subject
to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of
the following persons: Annette Chrystal, Stephen Meyers, Chris Meyers, Debra Dalton, and/or
Elizabeth Nunan. In addition, each office manager and each independent contractor agent plays
a role in implementation of and compliance with policies.
INTERROGATORY NO. 3: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the creation, drafting, adoption,
implementation of, or compliance with, the "In-House Bonus" policy set forth in the Houlihan
Lawrence Agent Company Operations Guidelines produced in this Action at HL 1668.
RESPONSE TO INTERROGATORY NO. 3: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that it is
not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this
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Interrogatory seeks information that is more appropriately obtained through depositions. Subject
to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of
the following persons: Annette Chrystal, Debra Dalton, Stephen Meyers, Chris Meyers, and/or
Elizabeth Nunan.
INTERROGATORY NO. 4: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the removal of the "In-House Bonus"
section from the Houlihan Lawrence Agent Company Operations Guidelines produced in this
action at HL 1727.
RESPONSE TO INTERROGATORY NO. 4: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks information that is more appropriately obtained through
depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence
identifies one or more of the following persons: Annette Chrystal or Debra Dalton.
INTERROGATORY NO. 5: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the creation, drafting, adoption,
implementation of, or compliance with, the "Disclosure and Prompt Sheet" produced in this
Action at HL 21 134.
RESPONSE TO INTERROGATORY NO. 5: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that it is
not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this
Interrogatory seeks information that is more appropriately obtained through depositions. Subject
5
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to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of
the following persons: Annette Chrystal, Debra Dalton, or Elizabeth Nunan.
INTERROGATORY NO. 6: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the creation, drafting, adoption,
implementation of, or compliance with, the "The Disclosure of Agency" script produced in this
Action at HL 21246.
RESPONSE TO INTERROGATORY NO. 6: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that it is
not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this
Interrogatory seeks information that is more appropriately obtained through depositions. In
addition, Houlihan Lawrence objects to the characterization of the document produced at HL
21246 as a "script." This response refers only to individuals who may have knowledge regarding
the creation of the document itself, and by responding Houlihan Lawrence does not accept
Plaintiffs' characterization of the document. Subject to and without waiving the foregoing
objections, Houlihan Lawrence identifies one or more of the following persons: Annette
Chrystal, Debra Dalton, or Elizabeth Nunan.
INTERROGATORY NO. 7: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the shift by Houlihan Lawrence "from
sales growth to market share growth," including as described by Christopher Meyers in the April
2016 edition of the REAL Trends Newsletter, available at https://issuu.com/tsaxton9/docs/rt
04l6newsfnl.
RESPONSE TO INTERROGATORY NO. 7: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
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the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks information that is more appropriately obtained through
depositions. In addition, Houlihan Lawrence objects to the Interrogatory's characterizations in
that the link does not work, so Houlihan Lawrence cannot verify the accuracy of the quotation
cited. Moreover, this Interrogatory is unrelated to any issue in this case.
INTERROGATORY NO. 8. Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the creation, drafting, adoption,
implementation of, or compliance with policies relating to Pocket Listings.
RESPONSE TO INTERROGATORY NO. 8: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks infonnation that is more appropriately obtained through
depositions. In addition, Houlihan Lawrence objects to the Interrogatory as vague and
ambiguous insofar as it references "policies" without identifying any policy to which itrefers.
Houlihan Lawrence also objects to the Interrogatory to the extent itis not limited to policies
created by Houlihan Lawrence. Subject to and without waiving the foregoing objections,
Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Stephen
Meyers, Chris Meyers, Debra Dalton, or Elizabeth Nunan.
INTERROGATORY NO. 9: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the creation, drafting, adoption,
implementation of, or compliance with policies relating to Pre-MLS Marketing, including pre-
listings on InCrowd.
7
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RESPONSE TO INTERROGATORY NO, 9: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks information that is more appropriately obtained through
depositions. In addition, Houlihan Lawrence objects to the Interrogatory as vague and
ambiguous insofar as it references "policies" without identifying any policy to which itrefers.
Houlihan Lawrence also objects to the Inten-ogatory to the extent itis not limited to policies
created by Houlihan Lawrence. Subject to and without waiving the foregoing objections,
Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Debra
Dalton, or Elizabeth Nunan.
INTERROGATORY NO. 10: Identify all persons who have, claim to have, or whom you
believe may have knowledge or infonnation relating to the accounting of cash flows associated
with real estate transactions brokered by Houlihan Lawrence, including the payment of an In-
House Bonus.
RESPONSE TO INTERROGATORY NO. 10: Houlihan Lawrence objects to this
Inten-ogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks infonnation that is more appropriately obtained through
depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence
identifies one or more of the following persons: Elizabeth Nunan, Debra Dalton, or the various
office managers and administrative assistants.
INTERROGATORY NO. 11: Identify all persons who have, claim to have, or whom you
believe may have knowledge or information relating to the original version of the document
8
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attached as Exhibit D to the Affidavit of Geoffrey Berry, dated October 30, 2018, submitted in
support of the Motion to Dismiss.
RESPONSE TO INTERROGATORY NO. 11: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks information that is more appropriately obtained through
depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence states
that it does not know who, if anyone, has knowledge or information relating to any original
version of the referenced document.
INTERROGATORY NO, 12: Identify the custodian and location of the original version
of Exhibit D to the Affidavit of Geoffrey Berry, dated October 30, 2018, submitted in support of
the Motion to Dismiss.
RESPONSE TO INTERROGATORY NO. 12: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks information that is more appropriately obtained through
depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence states
that it does not know who, if anyone, has knowledge or information relating to any original
version of the referenced document.
INTERROGATORY NO. 13: Identify all persons who provided the information used, and
all documents reviewed or referenced, in answering these interrogatories.
RESPONSE TO INTERROGATORY NO. 13: Houlihan Lawrence objects to this
Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to
9
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the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the
grounds that this Interrogatory seeks information that is more appropriately obtained through
depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence
identifies one or more of the following persons: Annette Chrystal or Elizabeth Nunan.
Dated: White Plains, New York
December 3, 2019
COLLIER LIALPERN & NEWBERG, LLP
By:
Philip JW. Halpem
A Member of the Firm
One North Lexington Avenue
White Plains, New York 10601
(914) 684-6800
Robert D. MacGill (Pro Hac Vice)
Jessica M. Lindemann (Pro Hac Vice)
BARNES & THORNBURG LLP
1 1South Meridian Street
Indianapolis, IN 46204
(317) 231-7223
Attorneys for Defendant
To: William Ohlemeyer
Jeremy Vest
Amos Friedland
Paul Fattaruso
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, New York 10504
(914) 749-8305
Melissa Felder Zappala
BOIES SCHILLER FLEXNER LLP
1401 New York Ave, NW
Washington, DC 20005
Attorneys for Plaintiff
10
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
Elizabeth Nunan, being duly sworn, deposes and says:
f am Lhe President of defendant, Houlihan/Lawrence Inc. I have read the foregoing
Defendant's Responses to Plaintiffs' First Set of Interrogatories and it is true to my knowledge,
except as to those matters stated on information and belief, and as to those matters, I believe them
to be true.
Tizabeth Nunan
Sworn to and subscribed before
me this 3rd day of December, 2019
/n^
Notary Public
MARCY BLAKE
Notary Public, State of New Vork
No. 02BL601 1064
Qualified in Westchester County
Commission Expires July 27, 20$-3-
11
Preview
FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 EXHIBIT B FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER X PAMELA GOLDSTEIN, ELLYN & TONY BERK, as Administrators DEFENDANT'S RESPONSES AND of the Estate of Winifred Berk, and PAUL OBJECTIONS TO PLAINTIFFS' BENJAMIN, on behalf of themselves FIRST SET OF INTERROGATORIES and all others similarly situated, Index No. 60767/2018 Plaintiffs, -against- I-Ion. Linda S. Jamieson HOULIHAN/LAWRENCE INC., Defendant. X Pursuant to Article 31 of the Civil Practice Law and Rules and Rule 11 -a of the Commercial Division Rules, Houlihan Lawrence, Inc. ("Houlihan Lawrence"), by and through its attorneys, Collier Halpern & Newberg, LLP and Barnes & Thornburg LLP, as and for its responses to plaintiffs Pamela Goldstein, Ellyn and Tony Berk, and Paul Benjamin's ("Plaintiffs") First Set of Interrogatories dated November 4, 2019 (the "Interrogatories"), states as follows: GENERAL OBJECTIONS 1. Houlihan Lawrence objects to the Interrogatories to the extent that they seek information that is not relevant to the issues in this case. 2. floulihan Lawrence objects to the Interrogatories to the extent that they seek information that is not within the possession, custody or control of Houlihan Lawrence. 3. Floulihan Lawrence reserves the right to challenge the relevance, materiality and admissibility of its responses to the Interrogatories in any subsequent proceeding or the trialof this or any other action. FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 4. To the extent that Houlihan Lawrence responds to Plaintiffs' Interrogatories, Houlihan Lawrence does not concede that the information is relevant to this action. Houlihan Lawrence expressly reserves the right to object to further discovery into the subject matter of any of the Interrogatories and the introduction into evidence of any response or portion thereof. 5. Houlihan Lawrence objects to the Interrogatories to the extent that they seek to impose duties and obligations upon Houlihan Lawrence in excess of those imposed by the Civil Practice Law and Rules and/or the Rules of the Commercial Division. 6. Houlihan Lawrence objects to the Interrogatories to the extent that they request information regarding "all" or "any" person(s), entity(ies) or document(s) on the grounds that such requests are vague, ambiguous, overly broad, unduly burdensome, oppressive and vexatious, and seek information that is neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to these objections, Houlihan Lawrence will construe these terms to mean that it is to use reasonable diligence to provide responsive information within its possession, custody or control. Houlihan Lawrence reserves the right to rely on any facts, documents or other evidence which may develop or come to Houlihan Lawrence's attention subsequent hereto. Houlihan Lawrence's responses are set forth herein without prejudice to its right to assert additional objections or supplemental responses should it discover additional information or documents or grounds for objections. 7. Houlihan Lawrence reserves the right to modify, supplement or amend these responses at any time prior to trial of this action. 8. Houlihan Lawrence objects to the Interrogatories to the extent that they seek information that is personal, private, confidential or proprietary in nature. 2 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 9. Houlihan Lawrence incorporates each of the foregoing General Objections into its Specific Objections to each of the Interrogatories. No Specific Objection is intended to waive any General Objection. OBJECTIONS TO DEFINITIONS 1. Houlihan Lawrence objects to the definition of "Houlihan Lawrence" or "you" as overly broad and unduly burdensome, particularly to the extent it purports to include "parents," "present or former owners," and other entities and persons not within Houlihan Lawrence's control. 2. Houlihan Lawrence objects to the definition of "Pocket Listings" as vague and ambiguous in its reference to a purported "practice of marketing properties off the multiple listing services." 3. Houlihan Lawrence objects to the definition of "Pre-MLS Marketing" as vague and ambiguous in its reference to a purported "practice of marketing properties before they are listed on the multiple listing service." SPECIFIC OBJECTIONS AND RESPONSES INTERROGATORY NO. 1: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the creation, drafting, adoption, implementation of, or compliance with, the Houlihan Lawrence Agency Policy set forth in the document produced in this Action at HL 21202. RESPONSE TO INTERROGATORY NO. 1: Houlihan Lawrence objects to this Interrogatory upon the grounds that itis overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. Subject 3 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Stephen Meyers, Chris Meyers, Debra Dalton, and/or Elizabeth Nunan. In addition, each office manager and each independent contractor agent plays a role in implementation of and compliance with policies. INTERROGATORY NO. 2: Identify all persons who have, claim to have, or whom you believe may have knowledge or infonnation relating to the creation, drafting, adoption, implementation of, or compliance with, the Houlihan Lawrence Agency Disclosure Policy - New York set forth in the document produced at HL 2169. RESPONSE TO INTERROGATORY NO. 2: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that itis not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Stephen Meyers, Chris Meyers, Debra Dalton, and/or Elizabeth Nunan. In addition, each office manager and each independent contractor agent plays a role in implementation of and compliance with policies. INTERROGATORY NO. 3: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the creation, drafting, adoption, implementation of, or compliance with, the "In-House Bonus" policy set forth in the Houlihan Lawrence Agent Company Operations Guidelines produced in this Action at HL 1668. RESPONSE TO INTERROGATORY NO. 3: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this 4 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 Interrogatory seeks information that is more appropriately obtained through depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Debra Dalton, Stephen Meyers, Chris Meyers, and/or Elizabeth Nunan. INTERROGATORY NO. 4: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the removal of the "In-House Bonus" section from the Houlihan Lawrence Agent Company Operations Guidelines produced in this action at HL 1727. RESPONSE TO INTERROGATORY NO. 4: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal or Debra Dalton. INTERROGATORY NO. 5: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the creation, drafting, adoption, implementation of, or compliance with, the "Disclosure and Prompt Sheet" produced in this Action at HL 21 134. RESPONSE TO INTERROGATORY NO. 5: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. Subject 5 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Debra Dalton, or Elizabeth Nunan. INTERROGATORY NO. 6: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the creation, drafting, adoption, implementation of, or compliance with, the "The Disclosure of Agency" script produced in this Action at HL 21246. RESPONSE TO INTERROGATORY NO. 6: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. In addition, Houlihan Lawrence objects to the characterization of the document produced at HL 21246 as a "script." This response refers only to individuals who may have knowledge regarding the creation of the document itself, and by responding Houlihan Lawrence does not accept Plaintiffs' characterization of the document. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Debra Dalton, or Elizabeth Nunan. INTERROGATORY NO. 7: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the shift by Houlihan Lawrence "from sales growth to market share growth," including as described by Christopher Meyers in the April 2016 edition of the REAL Trends Newsletter, available at https://issuu.com/tsaxton9/docs/rt 04l6newsfnl. RESPONSE TO INTERROGATORY NO. 7: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to 6 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. In addition, Houlihan Lawrence objects to the Interrogatory's characterizations in that the link does not work, so Houlihan Lawrence cannot verify the accuracy of the quotation cited. Moreover, this Interrogatory is unrelated to any issue in this case. INTERROGATORY NO. 8. Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the creation, drafting, adoption, implementation of, or compliance with policies relating to Pocket Listings. RESPONSE TO INTERROGATORY NO. 8: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks infonnation that is more appropriately obtained through depositions. In addition, Houlihan Lawrence objects to the Interrogatory as vague and ambiguous insofar as it references "policies" without identifying any policy to which itrefers. Houlihan Lawrence also objects to the Interrogatory to the extent itis not limited to policies created by Houlihan Lawrence. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Stephen Meyers, Chris Meyers, Debra Dalton, or Elizabeth Nunan. INTERROGATORY NO. 9: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the creation, drafting, adoption, implementation of, or compliance with policies relating to Pre-MLS Marketing, including pre- listings on InCrowd. 7 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 RESPONSE TO INTERROGATORY NO, 9: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. In addition, Houlihan Lawrence objects to the Interrogatory as vague and ambiguous insofar as it references "policies" without identifying any policy to which itrefers. Houlihan Lawrence also objects to the Inten-ogatory to the extent itis not limited to policies created by Houlihan Lawrence. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal, Debra Dalton, or Elizabeth Nunan. INTERROGATORY NO. 10: Identify all persons who have, claim to have, or whom you believe may have knowledge or infonnation relating to the accounting of cash flows associated with real estate transactions brokered by Houlihan Lawrence, including the payment of an In- House Bonus. RESPONSE TO INTERROGATORY NO. 10: Houlihan Lawrence objects to this Inten-ogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks infonnation that is more appropriately obtained through depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Elizabeth Nunan, Debra Dalton, or the various office managers and administrative assistants. INTERROGATORY NO. 11: Identify all persons who have, claim to have, or whom you believe may have knowledge or information relating to the original version of the document 8 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 attached as Exhibit D to the Affidavit of Geoffrey Berry, dated October 30, 2018, submitted in support of the Motion to Dismiss. RESPONSE TO INTERROGATORY NO. 11: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence states that it does not know who, if anyone, has knowledge or information relating to any original version of the referenced document. INTERROGATORY NO, 12: Identify the custodian and location of the original version of Exhibit D to the Affidavit of Geoffrey Berry, dated October 30, 2018, submitted in support of the Motion to Dismiss. RESPONSE TO INTERROGATORY NO. 12: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence states that it does not know who, if anyone, has knowledge or information relating to any original version of the referenced document. INTERROGATORY NO. 13: Identify all persons who provided the information used, and all documents reviewed or referenced, in answering these interrogatories. RESPONSE TO INTERROGATORY NO. 13: Houlihan Lawrence objects to this Interrogatory upon the grounds that it is vague, ambiguous, overbroad and unduly burdensome to 9 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 the extent that it is not limited as to time frame. Houlihan Lawrence further objects upon the grounds that this Interrogatory seeks information that is more appropriately obtained through depositions. Subject to and without waiving the foregoing objections, Houlihan Lawrence identifies one or more of the following persons: Annette Chrystal or Elizabeth Nunan. Dated: White Plains, New York December 3, 2019 COLLIER LIALPERN & NEWBERG, LLP By: Philip JW. Halpem A Member of the Firm One North Lexington Avenue White Plains, New York 10601 (914) 684-6800 Robert D. MacGill (Pro Hac Vice) Jessica M. Lindemann (Pro Hac Vice) BARNES & THORNBURG LLP 1 1South Meridian Street Indianapolis, IN 46204 (317) 231-7223 Attorneys for Defendant To: William Ohlemeyer Jeremy Vest Amos Friedland Paul Fattaruso BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, New York 10504 (914) 749-8305 Melissa Felder Zappala BOIES SCHILLER FLEXNER LLP 1401 New York Ave, NW Washington, DC 20005 Attorneys for Plaintiff 10 FILED: WESTCHESTER COUNTY CLERK 05/29/2020 04:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 592 RECEIVED NYSCEF: 05/29/2020 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) Elizabeth Nunan, being duly sworn, deposes and says: f am Lhe President of defendant, Houlihan/Lawrence Inc. I have read the foregoing Defendant's Responses to Plaintiffs' First Set of Interrogatories and it is true to my knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. Tizabeth Nunan Sworn to and subscribed before me this 3rd day of December, 2019 /n^ Notary Public MARCY BLAKE Notary Public, State of New Vork No. 02BL601 1064 Qualified in Westchester County Commission Expires July 27, 20$-3- 11