Preview
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 66
HL OPP. - EXHIBIT 66 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021
11/27/21, 1:05 PM MacGill Law Mail - HL's Motion to Seal
Matthew Ciulla
HL's Motion to Seal
William P. Harrington Thu, Nov 18, 2021 at 5:48 PM
To: "Vest, Jeremy"
Cc: Robert MacGill , "Matthew T. Ciulla" , William
Ohlemeyer , Nelida Lara , "Alfred E. Donnellan"
I just picked up Rob’s voicemail regarding today’s deposition. I was in court this afternoon
I am not sure I have jurisdiction over this issue. That said, I strongly recommend that the deposition be completed subject
to a full reservation of rights. I am available for a call in the morning. Please advise
Be safe
B
William P Harrington, Esq.
Bleakley Platt & Schmidt
One North Lexington Ave.
White Plains, NY 10601
914 287 6104(direct line)
914 262 7354 ( cell)
Sent from my iPhone
> On Nov 17, 2021, at 9:55 AM, Vest, Jeremy wrote:
>
> 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.
>
> Mr. Harrington,
>
> I will arrange to have Plaintiffs’ unredacted class certification submission sent to you today.
>
> Plaintiffs object to adjourning HL’s reply date until December 10.
Courts recognize that “sealing motions should be
decided expeditiously because undue delays in ruling on such motions implicate the public’s right of access to the
courts.” Mosallem v. Berenson, 76 A.D.3D 345, 353 (1st Dep’t 2010). In requiring a motion to seal to be filed within
seven days, the Confidentiality Stipulation recognizes the same principle.
>
> HL already obtained a one week extension of its time to file its motion and should not now be permitted to use a
purported time crunch that it manufactured by insisting on unproductive “meet and confers” to further extend the briefing
schedule and obtain a de facto sealing order during the lengthy period its motion is under consideration.
>
> Plaintiffs are able to respond to HL’s motion I a week while juggling multiple responsibilities, including defending the
deposition of their expert tomorrow.It is not too much to expect HL to do the same under these circumstances.
>
> Regards,
>
> Jeremy
>
>
>
>
>
>
>
>
>
> Sent from my iPhone
>
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1716807998612633121&simpl=msg-f%3A1716807998612633121
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HL OPP. - EXHIBIT 66 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021
11/27/21, 1:05 PM MacGill Law Mail - HL's Motion to Seal
> On Nov 17, 2021, at 9:01 AM, Robert MacGill wrote:
>
> Bill,
>
> We are due to file our Response to the Motion to Certify on December 6. As a result, we propose to Reply on December
10.
>
> 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
>
> On Nov 17, 2021, at 8:50 AM, William P. Harrington > wrote:
>
> Thank you Jeremy.
>
> Can I impose on someone to send me the unredacted class certification motion do so I can get as start reviewing the
documents at issue? I understand it is voluminous but presume it has been stored electronically. I have existing litigation
commitments to navigate around this motion.
>
> Bill
>
>
> William P. Harrington, Esq.
> Bleakley Platt & Schmidt, LLP
> One North Lexington Avenue
> White Plains, NY 10601
>
> Direct Dial: (914) 287-6104
> Facsimile: (914) 683-6956
>
> Email: wpharrington@bpslaw.com
> Website: https://link.zixcentral.com/u/829cd884/FoVuULZH7BGGSH0UBm1nPA?u=
https%3A%2F%2Fwww.google.com%2Furl%3Fq%3Dhttp%3A%2F%2Fwww.bpslaw.com%26source%3Dgmail-
imap%26ust%3D1637761806000000%26usg%3DAOvVaw3KbHo-4dj8ivwiF-fJ4pA4
[Quoted text hidden]
> Website: https://link.zixcentral.com/u/b3a7cebd/hG9wULZH7BG4un0UBm1nPA?u=
https%3A%2F%2Fwww.google.com%2Furl%3Fq%3Dhttps%3A%2F%2Flink.zixcentral.com%2Fu%2Fee075163%
2F6plgr6lH7BGUmYohh3soMg%3Fu%253Dhttp%25253A%25252F%25252Fwww.bpslaw.com%26source%3Dgmail-
imap%26ust%3D1637761806000000%26usg%3DAOvVaw1L9WYq9PaA6zL7CPUY6Oxo
>
> *************************
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1716807998612633121&simpl=msg-f%3A1716807998612633121
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HL OPP. - EXHIBIT 66 - PAGE 3
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021
11/27/21, 1:05 PM MacGill Law Mail - HL's Motion to Seal
> This e-mail, including any attachments, is intended for the receipt and use by the intended addressee(s) only and may
contain privileged, confidential, work-product and/or trade secret information of a proprietary nature.
If you are not an
intended recipient of this e-mail, you are hereby notified that any unauthorized use, distribution or re-transmission of this
e-mail or any attachments is strictly prohibited and that all rights of the sender and/or intended recipients are hereby
reserved without prejudice thereto.Also, due to Identity Theft, and Privacy issues, it is advised that Recipients of this e-
mail message commit to Removing All Old E-Mail Addresses prior to Forwarding or Sending new e-mail messages.
>
> From: Matthew Ciulla >
> Sent: Monday, November 15, 2021 4:20 PM
> To: William P. Harrington >
> Cc: Robert MacGill >; Jeremy Vest
>; William Ohlemeyer >; Nelida Lara >; Alfred Donnellan
>
> Subject: HL's Motion to Seal
>
>
> 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.
>
> Dear Mr. Harrington,
>
> Please see enclosed correspondence regarding HL's Motion to Seal. The Motion and its Exhibits are also attached.
>
> Due to the file size, please confirm receipt.
>
> Best regards,
> Matt
>
>
> Matt Ciulla
> MacGill PC
> Matthew.Ciulla@MacGillLaw.com
> w: 317-961-5086
> m: 317-809-1594
> www.MacGillLaw.com>
[Quoted text hidden]
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1716807998612633121&simpl=msg-f%3A1716807998612633121
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HL OPP. - EXHIBIT 66 - PAGE 4
Preview
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 66 HL OPP. - EXHIBIT 66 - PAGE 1 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021 11/27/21, 1:05 PM MacGill Law Mail - HL's Motion to Seal Matthew Ciulla HL's Motion to Seal William P. Harrington Thu, Nov 18, 2021 at 5:48 PM To: "Vest, Jeremy" Cc: Robert MacGill , "Matthew T. Ciulla" , William Ohlemeyer , Nelida Lara , "Alfred E. Donnellan" I just picked up Rob’s voicemail regarding today’s deposition. I was in court this afternoon I am not sure I have jurisdiction over this issue. That said, I strongly recommend that the deposition be completed subject to a full reservation of rights. I am available for a call in the morning. Please advise Be safe B William P Harrington, Esq. Bleakley Platt & Schmidt One North Lexington Ave. White Plains, NY 10601 914 287 6104(direct line) 914 262 7354 ( cell) Sent from my iPhone > On Nov 17, 2021, at 9:55 AM, Vest, Jeremy wrote: > > 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. > > Mr. Harrington, > > I will arrange to have Plaintiffs’ unredacted class certification submission sent to you today. > > Plaintiffs object to adjourning HL’s reply date until December 10. Courts recognize that “sealing motions should be decided expeditiously because undue delays in ruling on such motions implicate the public’s right of access to the courts.” Mosallem v. Berenson, 76 A.D.3D 345, 353 (1st Dep’t 2010). In requiring a motion to seal to be filed within seven days, the Confidentiality Stipulation recognizes the same principle. > > HL already obtained a one week extension of its time to file its motion and should not now be permitted to use a purported time crunch that it manufactured by insisting on unproductive “meet and confers” to further extend the briefing schedule and obtain a de facto sealing order during the lengthy period its motion is under consideration. > > Plaintiffs are able to respond to HL’s motion I a week while juggling multiple responsibilities, including defending the deposition of their expert tomorrow.It is not too much to expect HL to do the same under these circumstances. > > Regards, > > Jeremy > > > > > > > > > > Sent from my iPhone > https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1716807998612633121&simpl=msg-f%3A1716807998612633121 1/3 HL OPP. - EXHIBIT 66 - PAGE 2 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021 11/27/21, 1:05 PM MacGill Law Mail - HL's Motion to Seal > On Nov 17, 2021, at 9:01 AM, Robert MacGill wrote: > > Bill, > > We are due to file our Response to the Motion to Certify on December 6. As a result, we propose to Reply on December 10. > > 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 > > On Nov 17, 2021, at 8:50 AM, William P. Harrington > wrote: > > Thank you Jeremy. > > Can I impose on someone to send me the unredacted class certification motion do so I can get as start reviewing the documents at issue? I understand it is voluminous but presume it has been stored electronically. I have existing litigation commitments to navigate around this motion. > > Bill > > > William P. Harrington, Esq. > Bleakley Platt & Schmidt, LLP > One North Lexington Avenue > White Plains, NY 10601 > > Direct Dial: (914) 287-6104 > Facsimile: (914) 683-6956 > > Email: wpharrington@bpslaw.com > Website: https://link.zixcentral.com/u/829cd884/FoVuULZH7BGGSH0UBm1nPA?u= https%3A%2F%2Fwww.google.com%2Furl%3Fq%3Dhttp%3A%2F%2Fwww.bpslaw.com%26source%3Dgmail- imap%26ust%3D1637761806000000%26usg%3DAOvVaw3KbHo-4dj8ivwiF-fJ4pA4 [Quoted text hidden] > Website: https://link.zixcentral.com/u/b3a7cebd/hG9wULZH7BG4un0UBm1nPA?u= https%3A%2F%2Fwww.google.com%2Furl%3Fq%3Dhttps%3A%2F%2Flink.zixcentral.com%2Fu%2Fee075163% 2F6plgr6lH7BGUmYohh3soMg%3Fu%253Dhttp%25253A%25252F%25252Fwww.bpslaw.com%26source%3Dgmail- imap%26ust%3D1637761806000000%26usg%3DAOvVaw1L9WYq9PaA6zL7CPUY6Oxo > > ************************* https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1716807998612633121&simpl=msg-f%3A1716807998612633121 2/3 HL OPP. - EXHIBIT 66 - PAGE 3 FILED: WESTCHESTER COUNTY CLERK 12/06/2021 04:42 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 958 RECEIVED NYSCEF: 12/06/2021 11/27/21, 1:05 PM MacGill Law Mail - HL's Motion to Seal > This e-mail, including any attachments, is intended for the receipt and use by the intended addressee(s) only and may contain privileged, confidential, work-product and/or trade secret information of a proprietary nature. If you are not an intended recipient of this e-mail, you are hereby notified that any unauthorized use, distribution or re-transmission of this e-mail or any attachments is strictly prohibited and that all rights of the sender and/or intended recipients are hereby reserved without prejudice thereto.Also, due to Identity Theft, and Privacy issues, it is advised that Recipients of this e- mail message commit to Removing All Old E-Mail Addresses prior to Forwarding or Sending new e-mail messages. > > From: Matthew Ciulla > > Sent: Monday, November 15, 2021 4:20 PM > To: William P. Harrington > > Cc: Robert MacGill >; Jeremy Vest >; William Ohlemeyer >; Nelida Lara >; Alfred Donnellan > > Subject: HL's Motion to Seal > > > 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. > > Dear Mr. Harrington, > > Please see enclosed correspondence regarding HL's Motion to Seal. The Motion and its Exhibits are also attached. > > Due to the file size, please confirm receipt. > > Best regards, > Matt > > > Matt Ciulla > MacGill PC > Matthew.Ciulla@MacGillLaw.com > w: 317-961-5086 > m: 317-809-1594 > www.MacGillLaw.com> [Quoted text hidden] https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1716807998612633121&simpl=msg-f%3A1716807998612633121 3/3 HL OPP. - EXHIBIT 66 - PAGE 4