Letter,Correspondence: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                Jeremy C. Vest                                                                                        Chrysler Center
                 212 692 6718                                                                                        666 Third Avenue
                 jvest@mintz.com                                                                                 New York, NY   10017
                                                                                                                         212 935 3000
                                                                                                                            mintz.com




                                                                             May 5, 2021

                  Via NYSCEF
                  Hon. Linda S. Jamieson
                  Supreme Court of the State of New York
                  Westchester County
                  111 Dr. Martin Luther King, Jr. Blvd.
                  White Plains, NY 106010

                           Re:      Goldstein et al. v. Houlihan/Lawrence Inc.,
                                    No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.)

                  Dear Justice Jamieson:

                           I write on behalf of the Plaintiffs in the above-referenced matter to preserve
                  Plaintiffs’ objections to the Ninth Report and Recommendation (“R&R”), dated April
                  16, 2021, and Tenth R&R, dated April 23, 2021, filed by William P. Harrington, the
                  Discovery Referee appointed in this matter.

                            In May 2020, the Court held a status conference following the Discovery
                  Referee’s issuance of the First, Second, Third, and Fourth R&Rs.                           Plaintiffs advised
                  the Court that they sought to preserve their objections to the Fourth R&R while
                  avoiding further delay of a class certification determination by moving pursuant to
                  22 NYCRR 202.44(a) to reject that decision in whole or in part.                          To accomplish that
                  objective, the Court directed defendant Houlihan Lawrence, Inc. (“HL”) to file a
                  notice of settlement with respect to the Fourth R&R and Plaintiffs to state their
                  objections by submitting a counter-proposed order.                      After the parties complied with
                  that procedure, on June 22, 2020, the Court confirmed the Fourth R&R (Dkt. 595).

                           Plaintiffs seek to preserve their objections to the Ninth and Tenth R&Rs
                  while once again proceeding to a class certification determination without imposing
                  the burden on the Court and suffering the delay and expense associated with
                  compliance with 22 NYCRR 202.44(a).                    On April 27, 2021, HL requested permission
                  to move to confirm the Ninth and Tenth R&Rs (Dkt. 670), signaling that it has no
                  objection to either decision.          Accordingly, Plaintiffs ask that the Court instead direct
                  the parties to follow the previously utilized notice of settlement procedure with
                  respect to the Ninth and Tenth R&Rs to protect Plaintiffs’ rights while advancing
                  everyone’s goal of proceeding expeditiously to a class certification determination.


                  BOSTON        LONDON        LOS ANGELES        NEW YORK         SAN DIEGO       SAN FRANCISCO         WASHINGTON
                                                     MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C.
                  MINTZ

                  Hon. Linda S. Jamieson
                  May 5, 2021
                  Page 2


                           Alternatively, Plaintiffs request that the Court toll Plaintiffs’ time to move
                  under 22 NYCRR 202.44(a) to permit the Court an opportunity to discuss this issue
                  with the parties at the upcoming May 25, 2021 status conference.

                                                                                 Respectfully,


                                                                                 Jeremy Vest

                  Cc: Counsel for Defendant (via NYSCEF)