Preview
FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021
EXHIBIT D
FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021
From: William P. Harrington
To: Stephanie Mondello
Subject: FW: Goldstein et al. v. HL: Motion to Compel (Arlt)
Date: Tuesday, May 18, 2021 3:56:08 PM
Attachments: image001.png
lf1/i/fiam P. IIani1zgton, Bsq.
Bleakley Platt & Schmidt, LLP
One North Lexington Avenue
White Plains, NY 10601
Direct Dial: (914) 287-6104
Facsimile: (914) 683-6956
Email: 1.vphardngton@bpslaw.com
Website: http://w\vw.bpslaw.com
*************************
This e-mail, including any :11:tachments. is intended for the n.·ccipt and use by the inrenckd addr,•ssce(s) "nly and nny c"11t:1i11
privileged, conlidcntinl, work-product nnd/or !Tade secret inl,>1mation nf:1 prnpridnrv nature·.
IF you arc nut an intended recipient
of this c-111'.lil, you arc hereby notified that :my unautho,izcd use, distribution or rc-rr:tnsmi"ion of this c-m:1il or any :machmvnts
is strictlv prohibited and that all rights of the sender :1nd/or i11trndcd recipients arc hereby reserved withour prejudice thereto.
;\l,;o, due to hk·ntity Theft, and Privacy issues, it is advised thm Recipient, of this e-mail message commit ro Runoving ,\II Old I·>
~\bil ALklrc:,;scs prior to Ft)rw~u·
Sent: Wednesday, May 12, 202110:09 AM
To: William P. Harrington
Cc: Rockett, Courtney ; Alfred E. Donnellan ; Nelida
Lara ; Robert MacGill ; Matthew T. Ciulla
Subject: RE: Goldstein et al. v. HL: Motion to Compel (Arlt)
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.
Plaintiffs write to supplement their May 4, 2021 letter seeking to compel
Houlihan Lawrence to collect and produce documents from Mr. Arlt's custodial
file.
In that letter, Plaintiffs acknowledged their agreement to move for class
FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021
certification on or before July 21, 2021. However, this morning, Plaintiffs sent
Houlihan Lawrence a proposal for the completion of pre-class certification
depositions by July 2, 2021 in exchange for an agreement to set September 3,
2021 as the deadline for the filing of Plaintiffs' motion for class certification.
Plaintiffs require the additional time to file their motion because of Ms. Rockett's
and my upcoming three-week trial, starting on July 8, 2021, in the Fox Paine &
Company, LLC et al. v. Equity Rish Partners, et al., No. 52607/2014 (N.Y. Sup.
Ct., Westchester Cty.). Yesterday, Justice Walsh scheduled a May 17, 2021
status conference to set the pre-trial conference in that matter in accordance with
the July 8 trial date.
Plaintiffs' proposal to complete pre-class class certification depositions by July 2
and move for class certification on or before September 3, 2021 is generally
consistent with their prior agreement to move for class certification within 89
days of Houlihan Lawrence's substantial completion of its document production.
In effect, Plaintiffs seek roughly a 30-day tolling of their time to move for class
certification during the pendency of counsel's trial before Justice Walsh.
By committing to complete pre-class certification depositions by July 2, 2011,
Plaintiffs confirm that they seek no advantage by setting September 3, 2021 as
the filing date for their motion other than to ensure that their counsel can
properly serve and protect Plaintiffs' interests and those of counsel's other clients
given the substantial competing demands on counsel's time.
This Court does not need to take any action on this matter at this time. Plaintiffs
are hopeful that the parties will be able to reach an agreement on their own.
However, Plaintiffs wanted to immediately notify you of their change of position
with respect to the motion for class certification filing date given their reference
to it in the pending motion to compel.
Regards,
Jeremy
From: Vest, Jeremy
Sent: Tuesday, May 4, 20211:48 PM
To: William P. Harrington
Cc: Rockett, Courtney ; Alfred E. Donnellan Nelida
''-''""'·'-L-·"'·'~'·-·=~~~-"~·
Lara ; Robert MacGill -'-'d.h'-'d.-".-.L'-""'""'@LLl~'""'"~~11-~.'-"•"'"''-'-'-'
Subject: Goldstein et al. v. HL: Motion to Compel (Arlt)
Mr. Harrington,
FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021
Please see the attached correspondence.
Regards,
Jeremy
Jeremy Vest
Member
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
666 Third Avenue, New York, NY 10017
+1.212.692.6718
JVest@mintz com I Mintz.com
STA TE::IVIENT OF CONFIDlcNTIALlfY
Tf10 lnfornv:ition contained in this t~lectrornc rncssage and any aHachrn,:;nts
to this message are intended for the exclusive use of tlm adclressee(s)
and may contain confidenliol or privileged infornwtion. If you m·ce not
the inle11d0d recipient, or tho person responsible for delivering th1·,
email lo the intended i-ecipient. be advised you have received this
message in error and that any use, dissemination. lorwarciing. prir:ling,
or copying is stnctly prohitllted. Please notify tl,e 1\111ntz, 1_ev1n, Colin,
l'enis, Glovslly and Popeo sender 1rnrnediately, and des:roy all cop12,;
of this message and any illlachments.
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FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021 EXHIBIT D FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021 From: William P. Harrington To: Stephanie Mondello Subject: FW: Goldstein et al. v. HL: Motion to Compel (Arlt) Date: Tuesday, May 18, 2021 3:56:08 PM Attachments: image001.png lf1/i/fiam P. IIani1zgton, Bsq. Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 Direct Dial: (914) 287-6104 Facsimile: (914) 683-6956 Email: 1.vphardngton@bpslaw.com Website: http://w\vw.bpslaw.com ************************* This e-mail, including any :11:tachments. is intended for the n.·ccipt and use by the inrenckd addr,•ssce(s) "nly and nny c"11t:1i11 privileged, conlidcntinl, work-product nnd/or !Tade secret inl,>1mation nf:1 prnpridnrv nature·. IF you arc nut an intended recipient of this c-111'.lil, you arc hereby notified that :my unautho,izcd use, distribution or rc-rr:tnsmi"ion of this c-m:1il or any :machmvnts is strictlv prohibited and that all rights of the sender :1nd/or i11trndcd recipients arc hereby reserved withour prejudice thereto. ;\l,;o, due to hk·ntity Theft, and Privacy issues, it is advised thm Recipient, of this e-mail message commit ro Runoving ,\II Old I·> ~\bil ALklrc:,;scs prior to Ft)rw~u· Sent: Wednesday, May 12, 202110:09 AM To: William P. Harrington Cc: Rockett, Courtney ; Alfred E. Donnellan ; Nelida Lara ; Robert MacGill ; Matthew T. Ciulla Subject: RE: Goldstein et al. v. HL: Motion to Compel (Arlt) 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. Plaintiffs write to supplement their May 4, 2021 letter seeking to compel Houlihan Lawrence to collect and produce documents from Mr. Arlt's custodial file. In that letter, Plaintiffs acknowledged their agreement to move for class FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021 certification on or before July 21, 2021. However, this morning, Plaintiffs sent Houlihan Lawrence a proposal for the completion of pre-class certification depositions by July 2, 2021 in exchange for an agreement to set September 3, 2021 as the deadline for the filing of Plaintiffs' motion for class certification. Plaintiffs require the additional time to file their motion because of Ms. Rockett's and my upcoming three-week trial, starting on July 8, 2021, in the Fox Paine & Company, LLC et al. v. Equity Rish Partners, et al., No. 52607/2014 (N.Y. Sup. Ct., Westchester Cty.). Yesterday, Justice Walsh scheduled a May 17, 2021 status conference to set the pre-trial conference in that matter in accordance with the July 8 trial date. Plaintiffs' proposal to complete pre-class class certification depositions by July 2 and move for class certification on or before September 3, 2021 is generally consistent with their prior agreement to move for class certification within 89 days of Houlihan Lawrence's substantial completion of its document production. In effect, Plaintiffs seek roughly a 30-day tolling of their time to move for class certification during the pendency of counsel's trial before Justice Walsh. By committing to complete pre-class certification depositions by July 2, 2011, Plaintiffs confirm that they seek no advantage by setting September 3, 2021 as the filing date for their motion other than to ensure that their counsel can properly serve and protect Plaintiffs' interests and those of counsel's other clients given the substantial competing demands on counsel's time. This Court does not need to take any action on this matter at this time. Plaintiffs are hopeful that the parties will be able to reach an agreement on their own. However, Plaintiffs wanted to immediately notify you of their change of position with respect to the motion for class certification filing date given their reference to it in the pending motion to compel. Regards, Jeremy From: Vest, Jeremy Sent: Tuesday, May 4, 20211:48 PM To: William P. Harrington Cc: Rockett, Courtney ; Alfred E. Donnellan Nelida ''-''""'·'-L-·"'·'~'·-·=~~~-"~· Lara ; Robert MacGill -'-'d.h'-'d.-".-.L'-""'""'@LLl~'""'"~~11-~.'-"•"'"''-'-'-' Subject: Goldstein et al. v. HL: Motion to Compel (Arlt) Mr. Harrington, FILED: WESTCHESTER COUNTY CLERK 05/19/2021 01:15 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 05/19/2021 Please see the attached correspondence. Regards, Jeremy Jeremy Vest Member Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 666 Third Avenue, New York, NY 10017 +1.212.692.6718 JVest@mintz com I Mintz.com STA TE::IVIENT OF CONFIDlcNTIALlfY Tf10 lnfornv:ition contained in this t~lectrornc rncssage and any aHachrn,:;nts to this message are intended for the exclusive use of tlm adclressee(s) and may contain confidenliol or privileged infornwtion. If you m·ce not the inle11d0d recipient, or tho person responsible for delivering th1·, email lo the intended i-ecipient. be advised you have received this message in error and that any use, dissemination. lorwarciing. prir:ling, or copying is stnctly prohitllted. Please notify tl,e 1\111ntz, 1_ev1n, Colin, l'enis, Glovslly and Popeo sender 1rnrnediately, and des:roy all cop12,; of this message and any illlachments.