On July 14, 2018 a
Order
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.
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FILED: WESTCHESTER COUNTY CLERK 08/18/2020 12:27 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 613 RECEIVED NYSCEF: 08/18/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PAMELA GOLDSTEIN,
ELLYN R TONY BERK, as Administrators
of the Estate of Winifred Berk,
and PAUL BENJAMIN, on behalf of Index No. 60767/2018
themselves and all others similarly
Hon. Linda S. Jamieson
situated,
Plaintiffs, -------------------------
ORDER
[PROPOSED]
V.
HOULIHAN/LAWRENCE INC.,
Defendant.
WHEREAS on June 10, 2020 Plaintiffs moved the Discovery Referee,
William P. Harrington, to conduct an in camera review of a random sample of a
portion of the documents that Defendant collected pursuant to the Second and
Fourth Reports and Recommendations using search terms that were selected with
the goal of capturing documents relating to Defendant's In-House Bonus program;
WHEREAS the Discovery Referee heard the motion upon reading Plaintiffs
June 10, 2Q20 request for an in camera review; Defendant s letter in opposition
Plaintiffs'
dated June 15, 2Q20; letter in further support dated June 22, 2020; and
Defendant's letter in further opposition dated June 24, 2020;
WHEREAS after due deliberation the Discovery Referee rendered a Fifth
Plaintiffs'
Report and Recommendation dated July 20, 2020 whereby request
was granted, in accordance with the recommendations set forth therein;
NOW, upon reading the Fifth Report and Recommendation dated July
20, 2020, a copy of which is annexed hereto as Exhibit A; it is hereby,
1 of 2
FILED: WESTCHESTER COUNTY CLERK 08/18/2020 12:27 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 613 RECEIVED NYSCEF: 08/18/2020
ORDERED that the Discovery Referee's Fifth Report and
Recommendation dated July 20, 2020 is confirmed in its entirety pursuant to
CPLR 4403.
SO ORDERED.
Dated: White Plains, New York
August 17 , 2020
Hon. Linda S. Jamieson, J.S.C
2 of 2
Document Filed Date
August 18, 2020
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 08/18/2020 12:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 613 RECEIVED NYSCEF: 08/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PAMELA GOLDSTEIN, ELLYN R TONY BERK, as Administrators of the Estate of Winifred Berk, and PAUL BENJAMIN, on behalf of Index No. 60767/2018 themselves and all others similarly Hon. Linda S. Jamieson situated, Plaintiffs, ------------------------- ORDER [PROPOSED] V. HOULIHAN/LAWRENCE INC., Defendant. WHEREAS on June 10, 2020 Plaintiffs moved the Discovery Referee, William P. Harrington, to conduct an in camera review of a random sample of a portion of the documents that Defendant collected pursuant to the Second and Fourth Reports and Recommendations using search terms that were selected with the goal of capturing documents relating to Defendant's In-House Bonus program; WHEREAS the Discovery Referee heard the motion upon reading Plaintiffs June 10, 2Q20 request for an in camera review; Defendant s letter in opposition Plaintiffs' dated June 15, 2Q20; letter in further support dated June 22, 2020; and Defendant's letter in further opposition dated June 24, 2020; WHEREAS after due deliberation the Discovery Referee rendered a Fifth Plaintiffs' Report and Recommendation dated July 20, 2020 whereby request was granted, in accordance with the recommendations set forth therein; NOW, upon reading the Fifth Report and Recommendation dated July 20, 2020, a copy of which is annexed hereto as Exhibit A; it is hereby, 1 of 2 FILED: WESTCHESTER COUNTY CLERK 08/18/2020 12:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 613 RECEIVED NYSCEF: 08/18/2020 ORDERED that the Discovery Referee's Fifth Report and Recommendation dated July 20, 2020 is confirmed in its entirety pursuant to CPLR 4403. SO ORDERED. Dated: White Plains, New York August 17 , 2020 Hon. Linda S. Jamieson, J.S.C 2 of 2