Preview
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 63
HL OPP. - EXHIBIT 63 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021
11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack
Matthew Ciulla
HL - Deposition of Tom Cusack
Matthew Ciulla Thu, Nov 4, 2021 at 10:22 AM
To: "Vest, Jeremy"
Cc: Robert MacGill , Nelida Lara , Alfred Donnellan , William Ohlemeyer
Bcc: Alexander Pantos
Jeremy,
We accept your terms outlined below. We request a breakout room for defense counsel. We ask that Mr. Cusack consider
not wearing a mask, with everyone else wearing a mask. This will ensure the court reporter can hear him clearly and that
we have a clear video record.
We will see you on Thursday, November 18, at noon Eastern, at the Cusack Center.
Best regards.
Matt Ciulla
MacGill PC
Matthew.Ciulla@MacGillLaw.com
w: 317-961-5086
m: 317-809-1594
www.MacGillLaw.com
On Thu, Nov 4, 2021 at 8:42 AM Vest, Jeremy wrote:
Mr. MacGill,
Thank you for your commitment to try to complete Mr. Cusack’s deposition in four hours and to conduct it
over two days if you are unable to do so. As discussed, Mr. Cusack is available starting at noon on both
November 18 and 19.
Mr. Cusack is willing to honor your request to do the deposition in person provided (1) all attendees remain
masked at all times; (2) all attendees confirm they have been vaccinated and undergo a temperature check
upon arrival; and (3) the deposition takes place at The Cusack Center, 5500 Main St, Williamsville, NY,
which has a large classroom that will allow for more effective social distancing.
Please let me know if these terms are agreeable.
Regards,
Jeremy
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303…
1/6
HL OPP. - EXHIBIT 63 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021
11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack
From: William Ohlemeyer
Sent: Wednesday, November 3, 2021 9:16 AM
To: Robert MacGill
Cc: Matthew T. Ciulla ; Nelida Lara ; Alfred Donnellan
; Vest, Jeremy
Subject: Re: HL - Deposition of Tom Cusack
Good morning Rob; I have a conflict today; Jeremy has the conn.
Be well, see you soon,
Bill
From: Robert MacGill
Date: Wednesday, November 3, 2021 at 8:50 AM
To: "Vest, Jeremy"
Cc: "Matthew T. Ciulla" , Nelida Lara ,
Alfred Donnellan , William Ohlemeyer
Subject: Re: HL - Deposition of Tom Cusack
CAUTION: External email. Please do not respond to or click on links/attachments unless you recognize the sender.
Bill - what is the best number for you today?
Robert D. MacGill
MacGill PC
Inland Building
156 E. Market St.
Suite 1200
Indianapolis, IN 46204
W: 317-961-5085
M: 317-442-3825
Robert.MacGill@MacGillLaw.com
www.MacGillLaw.com
P Please consider the environment before printing this email.
> On Nov 3, 2021, at 8:49 AM, Vest, Jeremy wrote:
>
> 631-617-0311
>
>
>
> Sent from my iPhone
>
> On Nov 3, 2021, at 8:31 AM, Robert MacGill wrote:
>
> Let’s discuss this at 11 am today. Where can I reach you and Bill?
>
> Robert D. MacGill
> MacGill PC
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303…
2/6
HL OPP. - EXHIBIT 63 - PAGE 3
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021
11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack
> Inland Building
> 156 E. Market St.
> Suite 1200
> Indianapolis, IN 46204
> W: 317-961-5085
> M: 317-442-3825
> Robert.MacGill@MacGillLaw.com
> www.MacGillLaw.com
>
> P Please consider the environment before printing this email.
>
>
> On Nov 3, 2021, at 8:00 AM, Vest, Jeremy wrote:
>
>
> Mr. MacGill,
>
> November 19 is the only day during the week of November 15 that Mr. Cusack and I are available. I will see what
availability that he may have next week.
>
> At Houlihan Lawrence’s request, the parties agreed that depositions may be taken remotely. Plaintiffs accommodated
Houlihan Lawrence’s preference for remote depositions of Plaintiffs and in-person depositions of Houlihan Lawrence
witnesses. You have provided no reason why Houlihan Lawrence cannot honor its agreement and Mr. Cusack’s
preference.
>
> Regards,
>
> Jeremy
>
>
>
>
>
>
> From: Robert MacGill
> Sent: Tuesday, November 2, 2021 3:03 PM
> To: Vest, Jeremy
> Cc: Matthew T. Ciulla ; Nelida Lara ; Alfred Donnellan
; William Ohlemeyer
> Subject: Re: HL - Deposition of Tom Cusack
>
> Jeremy,
>
> We need to proceed no later than November 16 given our response date of December 6.
>
> Also, we need to be in person for this deposition.
>
> If you prefer an earlier date, we can do November 15.
>
> Best regards.
> Robert D. MacGill
> MacGill PC
> Inland Building
> 156 E. Market St.
> Suite 1200
> Indianapolis, IN 46204
> W: 317-961-5085
> M: 317-442-3825
> Robert.MacGill@MacGillLaw.com
> www.MacGillLaw.com
>
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303…
3/6
HL OPP. - EXHIBIT 63 - PAGE 4
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021
11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack
> P Please consider the environment before printing this email.
>
>
> On Nov 2, 2021, at 2:57 PM, Vest, Jeremy > wrote:
>
> Mr. Ciulla,
>
> Mr. Cusack is available to sit for a deposition beginning at 9AM Eastern on November 19, 2021. Due to health
considerations, Mr. Cusack prefers that the deposition be taken in accordance with the parties’ previously agreed upon
remote deposition protocol. Please identify any technical requirements for the remote deposition in the deposition
notice.
>
> Finally, please include co-counsel Mr. Ohlemeyer on all future correspondence.
>
> Regards,
>
> Jeremy
>
>
>
> From: Matthew Ciulla >
> Sent: Tuesday, November 2, 2021 9:53 AM
> To: Vest, Jeremy >
> Cc: Robert MacGill >; Nelida Lara
>; Alfred Donnellan >
> Subject: HL - Deposition of Tom Cusack
>
> Counsel,
>
> We have reviewed the filings of last night, including the purported expert affidavit of Tom Cusack.
>
> Houlihan Lawrence intends to depose Mr. Cusack on November 16, 2021, at 9AM Eastern Time. We will serve a
notice of deposition today.
>
> To expedite matters, we would prefer to have the deposition in New York City (midtown). Does this work for Plaintiffs?
Please confirm.
>
> Best regards.
>
>
> Matt Ciulla
> MacGill PC
> Matthew.Ciulla@MacGillLaw.com
> w: 317-961-5086
> m: 317-809-1594
> www.MacGillLaw.com
>
> ________________________________
> 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.
>
> ________________________________
>
>
>
> STATEMENT OF CONFIDENTIALITY:
> The information contained in this electronic message and any attachments
> to this message are intended for the exclusive use of the addressee(s)
> and may contain confidential or privileged information. If you are not
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303…
4/6
HL OPP. - EXHIBIT 63 - PAGE 5
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021
11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack
> the intended recipient, or the person responsible for delivering the
> email to the intended recipient, be advised you have received this
> message in error and that any use, dissemination, forwarding, printing,
> or copying is strictly prohibited. Please notify the Mintz, Levin, Cohn,
> Ferris, Glovsky and Popeo sender immediately, and destroy all copies
> of this message and any attachments.
>
> ________________________________
> 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.
>
> ________________________________
>
>
>
> STATEMENT OF CONFIDENTIALITY:
> The information contained in this electronic message and any attachments
> to this message are intended for the exclusive use of the addressee(s)
> and may contain confidential or privileged information. If you are not
> the intended recipient, or the person responsible for delivering the
> email to the intended recipient, be advised you have received this
> message in error and that any use, dissemination, forwarding, printing,
> or copying is strictly prohibited. Please notify the Mintz, Levin, Cohn,
> Ferris, Glovsky and Popeo sender immediately, and destroy all copies
> of this message and any attachments.
>
> ________________________________
> 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.
>
> ________________________________
>
>
>
> STATEMENT OF CONFIDENTIALITY:
> The information contained in this electronic message and any attachments
> to this message are intended for the exclusive use of the addressee(s)
> and may contain confidential or privileged information. If you are not
> the intended recipient, or the person responsible for delivering the
> email to the intended recipient, be advised you have received this
> message in error and that any use, dissemination, forwarding, printing,
> or copying is strictly prohibited. Please notify the Mintz, Levin, Cohn,
> Ferris, Glovsky and Popeo sender immediately, and destroy all copies
> of this message and any attachments.
--
*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. *
The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that,
among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic
message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination,
distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please
immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1 08201831BSF]
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5/6
HL OPP. - EXHIBIT 63 - PAGE 6
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021
11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack
STATEMENT OF CONFIDENTIALITY:
The information contained in this electronic message and any attachments
to this message are intended for the exclusive use of the addressee(s)
and may contain confidential or privileged information. If you are not
the intended recipient, or the person responsible for delivering the
email to the intended recipient, be advised you have received this
message in error and that any use, dissemination, forwarding, printing,
or copying is stric ly prohibited. Please notify the Mintz, Levin, Cohn,
Ferris, Glovsky and Popeo sender immediately, and destroy all copies
of this message and any attachments.
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303…
6/6
HL OPP. - EXHIBIT 63 - PAGE 7
Preview
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 63 HL OPP. - EXHIBIT 63 - PAGE 1 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021 11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack Matthew Ciulla HL - Deposition of Tom Cusack Matthew Ciulla Thu, Nov 4, 2021 at 10:22 AM To: "Vest, Jeremy" Cc: Robert MacGill , Nelida Lara , Alfred Donnellan , William Ohlemeyer Bcc: Alexander Pantos Jeremy, We accept your terms outlined below. We request a breakout room for defense counsel. We ask that Mr. Cusack consider not wearing a mask, with everyone else wearing a mask. This will ensure the court reporter can hear him clearly and that we have a clear video record. We will see you on Thursday, November 18, at noon Eastern, at the Cusack Center. Best regards. Matt Ciulla MacGill PC Matthew.Ciulla@MacGillLaw.com w: 317-961-5086 m: 317-809-1594 www.MacGillLaw.com On Thu, Nov 4, 2021 at 8:42 AM Vest, Jeremy wrote: Mr. MacGill, Thank you for your commitment to try to complete Mr. Cusack’s deposition in four hours and to conduct it over two days if you are unable to do so. As discussed, Mr. Cusack is available starting at noon on both November 18 and 19. Mr. Cusack is willing to honor your request to do the deposition in person provided (1) all attendees remain masked at all times; (2) all attendees confirm they have been vaccinated and undergo a temperature check upon arrival; and (3) the deposition takes place at The Cusack Center, 5500 Main St, Williamsville, NY, which has a large classroom that will allow for more effective social distancing. Please let me know if these terms are agreeable. Regards, Jeremy https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303… 1/6 HL OPP. - EXHIBIT 63 - PAGE 2 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021 11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack From: William Ohlemeyer Sent: Wednesday, November 3, 2021 9:16 AM To: Robert MacGill Cc: Matthew T. Ciulla ; Nelida Lara ; Alfred Donnellan ; Vest, Jeremy Subject: Re: HL - Deposition of Tom Cusack Good morning Rob; I have a conflict today; Jeremy has the conn. Be well, see you soon, Bill From: Robert MacGill Date: Wednesday, November 3, 2021 at 8:50 AM To: "Vest, Jeremy" Cc: "Matthew T. Ciulla" , Nelida Lara , Alfred Donnellan , William Ohlemeyer Subject: Re: HL - Deposition of Tom Cusack CAUTION: External email. Please do not respond to or click on links/attachments unless you recognize the sender. Bill - what is the best number for you today? Robert D. MacGill MacGill PC Inland Building 156 E. Market St. Suite 1200 Indianapolis, IN 46204 W: 317-961-5085 M: 317-442-3825 Robert.MacGill@MacGillLaw.com www.MacGillLaw.com P Please consider the environment before printing this email. > On Nov 3, 2021, at 8:49 AM, Vest, Jeremy wrote: > > 631-617-0311 > > > > Sent from my iPhone > > On Nov 3, 2021, at 8:31 AM, Robert MacGill wrote: > > Let’s discuss this at 11 am today. Where can I reach you and Bill? > > Robert D. MacGill > MacGill PC https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303… 2/6 HL OPP. - EXHIBIT 63 - PAGE 3 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021 11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack > Inland Building > 156 E. Market St. > Suite 1200 > Indianapolis, IN 46204 > W: 317-961-5085 > M: 317-442-3825 > Robert.MacGill@MacGillLaw.com > www.MacGillLaw.com > > P Please consider the environment before printing this email. > > > On Nov 3, 2021, at 8:00 AM, Vest, Jeremy wrote: > > > Mr. MacGill, > > November 19 is the only day during the week of November 15 that Mr. Cusack and I are available. I will see what availability that he may have next week. > > At Houlihan Lawrence’s request, the parties agreed that depositions may be taken remotely. Plaintiffs accommodated Houlihan Lawrence’s preference for remote depositions of Plaintiffs and in-person depositions of Houlihan Lawrence witnesses. You have provided no reason why Houlihan Lawrence cannot honor its agreement and Mr. Cusack’s preference. > > Regards, > > Jeremy > > > > > > > From: Robert MacGill > Sent: Tuesday, November 2, 2021 3:03 PM > To: Vest, Jeremy > Cc: Matthew T. Ciulla ; Nelida Lara ; Alfred Donnellan ; William Ohlemeyer > Subject: Re: HL - Deposition of Tom Cusack > > Jeremy, > > We need to proceed no later than November 16 given our response date of December 6. > > Also, we need to be in person for this deposition. > > If you prefer an earlier date, we can do November 15. > > Best regards. > Robert D. MacGill > MacGill PC > Inland Building > 156 E. Market St. > Suite 1200 > Indianapolis, IN 46204 > W: 317-961-5085 > M: 317-442-3825 > Robert.MacGill@MacGillLaw.com > www.MacGillLaw.com > https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303… 3/6 HL OPP. - EXHIBIT 63 - PAGE 4 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021 11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack > P Please consider the environment before printing this email. > > > On Nov 2, 2021, at 2:57 PM, Vest, Jeremy > wrote: > > Mr. Ciulla, > > Mr. Cusack is available to sit for a deposition beginning at 9AM Eastern on November 19, 2021. Due to health considerations, Mr. Cusack prefers that the deposition be taken in accordance with the parties’ previously agreed upon remote deposition protocol. Please identify any technical requirements for the remote deposition in the deposition notice. > > Finally, please include co-counsel Mr. Ohlemeyer on all future correspondence. > > Regards, > > Jeremy > > > > From: Matthew Ciulla > > Sent: Tuesday, November 2, 2021 9:53 AM > To: Vest, Jeremy > > Cc: Robert MacGill >; Nelida Lara >; Alfred Donnellan > > Subject: HL - Deposition of Tom Cusack > > Counsel, > > We have reviewed the filings of last night, including the purported expert affidavit of Tom Cusack. > > Houlihan Lawrence intends to depose Mr. Cusack on November 16, 2021, at 9AM Eastern Time. We will serve a notice of deposition today. > > To expedite matters, we would prefer to have the deposition in New York City (midtown). Does this work for Plaintiffs? Please confirm. > > Best regards. > > > Matt Ciulla > MacGill PC > Matthew.Ciulla@MacGillLaw.com > w: 317-961-5086 > m: 317-809-1594 > www.MacGillLaw.com > > ________________________________ > 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. > > ________________________________ > > > > STATEMENT OF CONFIDENTIALITY: > The information contained in this electronic message and any attachments > to this message are intended for the exclusive use of the addressee(s) > and may contain confidential or privileged information. If you are not https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303… 4/6 HL OPP. - EXHIBIT 63 - PAGE 5 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021 11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack > the intended recipient, or the person responsible for delivering the > email to the intended recipient, be advised you have received this > message in error and that any use, dissemination, forwarding, printing, > or copying is strictly prohibited. Please notify the Mintz, Levin, Cohn, > Ferris, Glovsky and Popeo sender immediately, and destroy all copies > of this message and any attachments. > > ________________________________ > 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. > > ________________________________ > > > > STATEMENT OF CONFIDENTIALITY: > The information contained in this electronic message and any attachments > to this message are intended for the exclusive use of the addressee(s) > and may contain confidential or privileged information. If you are not > the intended recipient, or the person responsible for delivering the > email to the intended recipient, be advised you have received this > message in error and that any use, dissemination, forwarding, printing, > or copying is strictly prohibited. Please notify the Mintz, Levin, Cohn, > Ferris, Glovsky and Popeo sender immediately, and destroy all copies > of this message and any attachments. > > ________________________________ > 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. > > ________________________________ > > > > STATEMENT OF CONFIDENTIALITY: > The information contained in this electronic message and any attachments > to this message are intended for the exclusive use of the addressee(s) > and may contain confidential or privileged information. If you are not > the intended recipient, or the person responsible for delivering the > email to the intended recipient, be advised you have received this > message in error and that any use, dissemination, forwarding, printing, > or copying is strictly prohibited. Please notify the Mintz, Levin, Cohn, > Ferris, Glovsky and Popeo sender immediately, and destroy all copies > of this message and any attachments. -- *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. * The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1 08201831BSF] https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303… 5/6 HL OPP. - EXHIBIT 63 - PAGE 6 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 955 RECEIVED NYSCEF: 12/06/2021 11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack STATEMENT OF CONFIDENTIALITY: The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain confidential or privileged information. If you are not the intended recipient, or the person responsible for delivering the email to the intended recipient, be advised you have received this message in error and that any use, dissemination, forwarding, printing, or copying is stric ly prohibited. Please notify the Mintz, Levin, Cohn, Ferris, Glovsky and Popeo sender immediately, and destroy all copies of this message and any attachments. https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-a%3Ar6343627430399357597&dsqt=1&simpl=msg-a%3Ar63436274303… 6/6 HL OPP. - EXHIBIT 63 - PAGE 7