Preview
FILED: WESTCHESTER COUNTY CLERK 04/16/2021 02:31 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 656 RECEIVED NYSCEF: 04/16/2021
APPENDIX EX 4
(1/4/21 J. VEST EMAIL TO W. HARRINGTON RE: UPDATE ON
HL DOCUMENT DISCOVERY)
FILED: WESTCHESTER COUNTY CLERK 04/16/2021 02:31 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 656 RECEIVED NYSCEF: 04/16/2021
From: Vest, Jeremy
Sent: Monday, January 04, 2021 7:21 AM
To: William P. Harrington
Cc: Rockett, Courtney; Alfred E. Donnellan; Nelida Lara; Matthew T. Ciulla; Robert MacGill
Subject: RE: Update on Houlihan Lawrence Document Discovery
Mr. Harrington,
Happy New Year. I hope you enjoyed the holidays.
In response to your e-mail below, Houlihan Lawrence's December 31, 2020 production and categorical
privilege log do not obviate the need to complete the in camera review and to compel Houlihan
Lawrence's compliance with prior discovery directives as requested by Plaintiffs on December 3 and 4.
Houlihan Lawrence withheld the documents under in camera review from productions made prior to
August 28, 2020. Houlihan Lawrence's December 31 production, in contrast, contains only a relatively
small number of Dalton Documents that Houlihan Lawrence improperly withheld from its November 24,
2020 production in response to the Seventh and Eighth Reports and Recommendations-it does not
include any of the documents under in camera review.
Similarly, Houlihan Lawrence's December 31 categorical privilege log is not a further revision or
amendment of its August 28, 2020 categorical privilege log, but rather a separate and distinct log
purporting to identify only documents withheld from productions made after August 28 in response to the
Sixth, Seventh, and Eighth Reports and Recommendations. Indeed, it is styled "Defendant's Privilege
Log for Productions Dated November 9, 2020, November 24, 2020, and December 31, 2020."
Accordingly, the case status remains unchanged since December 4-Plaintiffs await completion of the in
camera review and issuance of the requested Report and Recommendation directing Houlihan Lawrence
to cure its clear and substantial non-compliance with Court orders.
Plaintiffs are, of course, available next week for a call at your convenience but they respectfully suggest
that the first order of business should be completion of the in camera review and resolution of the issues
raised in Plaintiffs' December 3 and 4 letters.
In the meantime, Plaintiffs will continue their review of Houlihan Lawrence's belated December 31
production and categorical privilege log and reserve their right to raise any issues with those at the
appropriate time.
Regards,
Jeremy
From: William P. Harrington
Sent: Thursday, December 31, 2020 2:15 PM
To: Robert MacGill
Cc: Rockett, Courtney ; Vest, Jeremy ; Alfred E. Donnellan ; Nelida Lara ; Matthew T. Ciulla
Subject: RE: Update on Houlihan Lawrence Document Discovery
Thanks Rob.
It would seem that pending the review of plaintiffs' counsel of the referenced amended production, my in
camera review should be suspended. The contemplated call also makes sense if, for no other reason, to
ascertain where you all stand.
Jeremy and Courtney, I await your thoughts.
God's speed and blessings to each of you and your families for the new year.
Best,
B
Williitm P. H::1rrington, Esq.
Bleakley Platt & Schmidt, LLP
One North Lexington Avenue
White Plains, NY 10601
Direct Dial: (914) 287-6104
Facsimile: (914) 683-6956
Email: wpharrington(fu.bpslaw .com
Website:
htms: / /link.zixcentrnl.com / u/ c10d361c /BCsSjwuM6xG2rgen5F7kRg?u=http%3A%2P½,2Fwww.bpslaw.com
*************************
This c-rn:tiL including any attnchmcnt:s, is intended for the receipt: and use by the intended addrcsscc(s) only ,rnd may contain privileged, confidcnt:ial,
work-product and/or trndc secret information of a proprietary n,tturc.
If you arc: not an intended r(:cipicnt of this c-mail, you arc hcreb\' nutified that any
unauthori1cd usc, distribution or rc-trnnsrnission of this e-mail or any attachments is strictly prohibited and that all rights of the scndcr and/ ur intcndcd
recipients arc hcrcby n::scrvcd without prcjmlicc thcrcto.
1\lso, due to Identity Theft, and Privacy issues, it is advised that Recipients of this c-mail messagc
commit to Removing;\]] ( )Id l •>.l\fail 1\ddrcsscs prim to Forwarding or Sending new C···mail messages.
From: Robert MacGill
Sent: Thursday, December 31, 2020 12:46 PM
To: William P. Harrington
Cc: Courtney Rockett ; Jeremy Vest ; Alfred E. Donnellan ; Nelida Lara ; Matthew T. Ciulla
Subject: Update on Houlihan Lawrence Document Discovery
I CAUTION: This email originated from outside the firm. DO NOT reply to the message, click links or open attachments unless you
recognize the sender and know the content is safe. Call the sender instead if you are unsure whether the email is legitimate.
Bill,
2
FILED: WESTCHESTER COUNTY CLERK 04/16/2021 02:31 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 656 RECEIVED NYSCEF: 04/16/2021
Enclosed is our letter of today.
With best wishes for a Happy New Year.
Robert D. MacGill
MacGill PC
Circle Tower Building
55 Monument Circle
Suite 1200C
Indianapolis, IN 46204
317.442.3825
Robert.MacGill@MacGillLaw.com
www.MacGillLaw.com
P Please consider the environment before printing this email.
NOTICE: This email and any attachments are for the exclusive, confidential use of the intended recipient. We
do not waive attorney client or work product privilege by the transmission of this message. If you are not the
intended recipient, please: notify us immediately, delete this message, and refrain from taking any action in
reliance on this message.
3
Preview
FILED: WESTCHESTER COUNTY CLERK 04/16/2021 02:31 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 656 RECEIVED NYSCEF: 04/16/2021 APPENDIX EX 4 (1/4/21 J. VEST EMAIL TO W. HARRINGTON RE: UPDATE ON HL DOCUMENT DISCOVERY) FILED: WESTCHESTER COUNTY CLERK 04/16/2021 02:31 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 656 RECEIVED NYSCEF: 04/16/2021 From: Vest, Jeremy Sent: Monday, January 04, 2021 7:21 AM To: William P. Harrington Cc: Rockett, Courtney; Alfred E. Donnellan; Nelida Lara; Matthew T. Ciulla; Robert MacGill Subject: RE: Update on Houlihan Lawrence Document Discovery Mr. Harrington, Happy New Year. I hope you enjoyed the holidays. In response to your e-mail below, Houlihan Lawrence's December 31, 2020 production and categorical privilege log do not obviate the need to complete the in camera review and to compel Houlihan Lawrence's compliance with prior discovery directives as requested by Plaintiffs on December 3 and 4. Houlihan Lawrence withheld the documents under in camera review from productions made prior to August 28, 2020. Houlihan Lawrence's December 31 production, in contrast, contains only a relatively small number of Dalton Documents that Houlihan Lawrence improperly withheld from its November 24, 2020 production in response to the Seventh and Eighth Reports and Recommendations-it does not include any of the documents under in camera review. Similarly, Houlihan Lawrence's December 31 categorical privilege log is not a further revision or amendment of its August 28, 2020 categorical privilege log, but rather a separate and distinct log purporting to identify only documents withheld from productions made after August 28 in response to the Sixth, Seventh, and Eighth Reports and Recommendations. Indeed, it is styled "Defendant's Privilege Log for Productions Dated November 9, 2020, November 24, 2020, and December 31, 2020." Accordingly, the case status remains unchanged since December 4-Plaintiffs await completion of the in camera review and issuance of the requested Report and Recommendation directing Houlihan Lawrence to cure its clear and substantial non-compliance with Court orders. Plaintiffs are, of course, available next week for a call at your convenience but they respectfully suggest that the first order of business should be completion of the in camera review and resolution of the issues raised in Plaintiffs' December 3 and 4 letters. In the meantime, Plaintiffs will continue their review of Houlihan Lawrence's belated December 31 production and categorical privilege log and reserve their right to raise any issues with those at the appropriate time. Regards, Jeremy From: William P. Harrington Sent: Thursday, December 31, 2020 2:15 PM To: Robert MacGill Cc: Rockett, Courtney ; Vest, Jeremy ; Alfred E. Donnellan ; Nelida Lara ; Matthew T. Ciulla Subject: RE: Update on Houlihan Lawrence Document Discovery Thanks Rob. It would seem that pending the review of plaintiffs' counsel of the referenced amended production, my in camera review should be suspended. The contemplated call also makes sense if, for no other reason, to ascertain where you all stand. Jeremy and Courtney, I await your thoughts. God's speed and blessings to each of you and your families for the new year. Best, B Williitm P. H::1rrington, Esq. Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 Direct Dial: (914) 287-6104 Facsimile: (914) 683-6956 Email: wpharrington(fu.bpslaw .com Website: htms: / /link.zixcentrnl.com / u/ c10d361c /BCsSjwuM6xG2rgen5F7kRg?u=http%3A%2P½,2Fwww.bpslaw.com ************************* This c-rn:tiL including any attnchmcnt:s, is intended for the receipt: and use by the intended addrcsscc(s) only ,rnd may contain privileged, confidcnt:ial, work-product and/or trndc secret information of a proprietary n,tturc. If you arc: not an intended r(:cipicnt of this c-mail, you arc hcreb\' nutified that any unauthori1cd usc, distribution or rc-trnnsrnission of this e-mail or any attachments is strictly prohibited and that all rights of the scndcr and/ ur intcndcd recipients arc hcrcby n::scrvcd without prcjmlicc thcrcto. 1\lso, due to Identity Theft, and Privacy issues, it is advised that Recipients of this c-mail messagc commit to Removing;\]] ( )Id l •>.l\fail 1\ddrcsscs prim to Forwarding or Sending new C···mail messages. From: Robert MacGill Sent: Thursday, December 31, 2020 12:46 PM To: William P. Harrington Cc: Courtney Rockett ; Jeremy Vest ; Alfred E. Donnellan ; Nelida Lara ; Matthew T. Ciulla Subject: Update on Houlihan Lawrence Document Discovery I CAUTION: This email originated from outside the firm. DO NOT reply to the message, click links or open attachments unless you recognize the sender and know the content is safe. Call the sender instead if you are unsure whether the email is legitimate. Bill, 2 FILED: WESTCHESTER COUNTY CLERK 04/16/2021 02:31 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 656 RECEIVED NYSCEF: 04/16/2021 Enclosed is our letter of today. With best wishes for a Happy New Year. Robert D. MacGill MacGill PC Circle Tower Building 55 Monument Circle Suite 1200C Indianapolis, IN 46204 317.442.3825 Robert.MacGill@MacGillLaw.com www.MacGillLaw.com P Please consider the environment before printing this email. NOTICE: This email and any attachments are for the exclusive, confidential use of the intended recipient. We do not waive attorney client or work product privilege by the transmission of this message. If you are not the intended recipient, please: notify us immediately, delete this message, and refrain from taking any action in reliance on this message. 3