Motion-Secondary: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF WESTCHESTER
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                  PAMELA GOLDSTEIN,
                  ELLYN & TONY BERK, as Administrators
                  of the Estate of Winifred Berk, and PAUL                                 Index No. 60767/2018
                  BENJAMIN, on behalf of themselves
                  and all others similarly situated,                                       Hon. Linda S. Jamieson

                                                      Plaintiffs,
                                     -against-                                             [PROPOSED] ORDER FOR A
                                                                                           MOTION FOR CLASS
                                                                                           CERTIFICATION
                  HOULIHAN/LAWRENCE INC.,                                                  DISCOVERY AND BRIEFING
                                                                                           SCHEDULE
                                                      Defendant.

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                           The Court hereby enters the following Class Certification Discovery Schedule, Class

                  Certification Briefing Schedule, and Class Certification Deposition Protocol.

                                         CLASS CERTIFICATION DISCOVERY SCHEDULE

                           1.       Houlihan Lawrence will produce to Plaintiffs the Arlt Documents by June 11,

                   2021.

                           2.       Houlihan Lawrence will produce to Plaintiffs a categorical privilege log of Arlt

                   Documents by June 11, 2021.

                           3.       To facilitate scheduling and without prejudice to any later modification, Plaintiffs

                   will provide to Houlihan Lawrence a list of potential deponents for class certification purposes

                   (in their preferred order) by July 1, 2021.

                           4.       Houlihan Lawrence will provide to Plaintiffs any objection to the identity of

                   Plaintiffs’ deponents by July 8, 2021.

                           5.       Plaintiffs will take their depositions between August 2, 2021 and November 1,

                   2021, inclusive.


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                                           CLASS CERTIFICATION BRIEFING SCHEDULE

                           6.       Plaintiffs will file their Motion for Class Certification by November 1, 2021.

                           7.       Houlihan Lawrence will file its Response in Opposition to Motion for Class

                    Certification by December 6, 2021.

                           8.       Plaintiffs will file their Reply in Support of Motion for Class Certification by

                    December 24, 2021.

                                                          DEPOSITION PROTOCOL

                           9.       Houlihan Lawrence will use its best efforts to schedule depositions in Plaintiffs’

                     preferred order.

                           10.      The parties will use their best efforts to limit depositions to two (2) per business

                     week.

                           11.      Plaintiffs will be permitted to depose each witness one (1) time for class

                     certification purposes absent good cause shown.

                           12.      The parties will maintain their existing remote deposition protocol. 1 Nothing in

                     the remote deposition protocol will prevent defending attorneys from being present with the

                     witness.

                                                 MODIFICATIONS TO THIS SCHEDULE

                           13.      Any matter not specifically addressed herein shall be governed by applicable

                     rules, further agreement between the parties, or as appropriate the decision and discretion of

                     the Discovery Referee.



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                   “This deposition is to be taken by telephone or other remote electronic means and all individuals may participate
                  electronically. An accurate record of this deposition will be stenographically generated by the court reporter.
                  Exhibits shall be displayed to the witness physically, by email, or by screen share, and shall be emailed or physically
                  handed to the court reporter for inclusion in the record. The court reporter need not be in the same room as the
                  witness, and must be a notary public in any jurisdiction within the United States, but not necessarily the State of
                  New York.”

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                           14.      This Order will not be modified without Court approval.


                  Dated:   White Plains, New York
                           __________, 2021




                  IT IS SO ORDERED.


                  ___________________________________
                  Hon. Linda S. Jamieson, J.S.C.

                  __________, 2021




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