Preview
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 46
HL OPP. - EXHIBIT 46 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022
11/20/21, 5:29 PM MacGill Law Mail - Fwd: Listing of Documents to Remain Under Seal
Matthew Ciulla
Fwd: Listing of Documents to Remain Under Seal
Robert MacGill Tue, Nov 9, 2021 at 8:18 AM
To: Matthew Ciulla
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.
Begin forwarded message:
From: "Vest, Jeremy"
Date: November 8, 2021 at 5:25:47 PM EST
To: Robert MacGill
Cc: William Harrington , Alfred Donnellan , Nelida Lara
, William Ohlemeyer
Subject: RE: Listing of Documents to Remain Under Seal
Mr. MacGill,
In an effort to facilitate a meet and confer and possible call with Mr. Harrington in advance of tomorrow’s 1030 am
court conference, Plaintiffs have quickly reviewed the 188 documents that HL seeks to seal.
There is no reason to
delay any further discussions with a document-by-document response given the extreme overbreadth of HL’s proposed
sealing order, which includes:
· communications with Plaintiffs (Ex. 169);
· anonymous letters sent to Plaintiffs and publicly filed on the Court’s docket since October 2018 (Exs. 78-79);
· the Disclosure and Prompt sheet and other disclosure documents given to HL clients (Exs. 4, 41, 129);
· communications with third parties (Exs. 39, 59);
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1715956785176308006&simpl=msg-f%3A1715956785176308006
1/3
HL OPP. - EXHIBIT 46 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022
11/20/21, 5:29 PM MacGill Law Mail - Fwd: Listing of Documents to Remain Under Seal
· third-party presentations (Exs. 117, 130);
· publicly available third-party documents (Exs. 92, 161);
· documents distributed to HL agents over whom HL maintains it exercises no control (Exs. 18, 132, 136-137); and
· numerous documents that have been publicly available on the Court’s docket for six months or more (Exs. 26, 69,
83 and 159
Most of the remaining documents go to key issues and are essential to the public’s understanding and evaluation of the
Court’s decision on Plaintiffs’ motion for class certification.
Except as discussed below, none of them remotely raises
issues sufficient to overcome New York’s presumption in favor of public access to Court proceedings.
Plaintiffs are willing to:
· consent to sealing Exs. 85-86, which catalogue the commission split of agents in two HL offices,
provided the summary statistics reported in Plaintiffs’ motion for class certification remain unredacted;
· discuss potential limited redactions to Exs. 88, 100, 124-126, 166, 168, 176-77, 179, 181 183, 185, 188 if
necessary to protect sensitive third-party information;
· discuss limited redactions to Ex. 146 given the purported confidentiality agreement governing the
transaction under discussion in that communication; and
· discuss potential limited redactions to Plaintiffs’ motion for class certification, the Cusack affidavit, and
the deposition transcripts if necessary to protect trade secrets or other similarly competitively sensitive
information.
The foregoing is not a complete statement of Plaintiffs’ position, is for settlement purposes only, and shall be treated as
compromise negotiations under the CPLR.Plaintiffs reserve all rights.
Plaintiffs are available to discuss until 7pm this evening and beginning at 9am tomorrow morning.
Regards,
Jeremy
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1715956785176308006&simpl=msg-f%3A1715956785176308006
2/3
HL OPP. - EXHIBIT 46 - PAGE 3
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022
11/20/21, 5:29 PM MacGill Law Mail - Fwd: Listing of Documents to Remain Under Seal
From: Robert MacGill
Sent: Monday, November 8, 2021 2:31 PM
To: William Ohlemeyer ; Vest, Jeremy
Cc: William Harrington ; Alfred Donnellan ;
Nelida Lara
Subject: Listing of Documents to Remain Under Seal
Bill and Jeremy,
As directed by Justice Jamieson, we are providing the list of documents that should remain under seal.
Also as directed by the Court, I have left a voicemail updating Bill Harrington and copied him on this
email. Please provide us with a written statement explaining your rationale for unsealing each document
on a document-by-document basis as soon as possible and we can have a call with you promptly after
receiving your listing.
Best regards.
--
*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. *
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
http://www.MacGillLaw.com
P Please consider the environment before printing this email.
STATEMENT OF CONFIDENTIALITY:
The information contained in this electronic message and any attachments
to this message are intended for he 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 hat 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.
https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1715956785176308006&simpl=msg-f%3A1715956785176308006
3/3
HL OPP. - EXHIBIT 46 - PAGE 4
Preview
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 46 HL OPP. - EXHIBIT 46 - PAGE 1 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022 11/20/21, 5:29 PM MacGill Law Mail - Fwd: Listing of Documents to Remain Under Seal Matthew Ciulla Fwd: Listing of Documents to Remain Under Seal Robert MacGill Tue, Nov 9, 2021 at 8:18 AM To: Matthew Ciulla 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. Begin forwarded message: From: "Vest, Jeremy" Date: November 8, 2021 at 5:25:47 PM EST To: Robert MacGill Cc: William Harrington , Alfred Donnellan , Nelida Lara , William Ohlemeyer Subject: RE: Listing of Documents to Remain Under Seal Mr. MacGill, In an effort to facilitate a meet and confer and possible call with Mr. Harrington in advance of tomorrow’s 1030 am court conference, Plaintiffs have quickly reviewed the 188 documents that HL seeks to seal. There is no reason to delay any further discussions with a document-by-document response given the extreme overbreadth of HL’s proposed sealing order, which includes: · communications with Plaintiffs (Ex. 169); · anonymous letters sent to Plaintiffs and publicly filed on the Court’s docket since October 2018 (Exs. 78-79); · the Disclosure and Prompt sheet and other disclosure documents given to HL clients (Exs. 4, 41, 129); · communications with third parties (Exs. 39, 59); https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1715956785176308006&simpl=msg-f%3A1715956785176308006 1/3 HL OPP. - EXHIBIT 46 - PAGE 2 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022 11/20/21, 5:29 PM MacGill Law Mail - Fwd: Listing of Documents to Remain Under Seal · third-party presentations (Exs. 117, 130); · publicly available third-party documents (Exs. 92, 161); · documents distributed to HL agents over whom HL maintains it exercises no control (Exs. 18, 132, 136-137); and · numerous documents that have been publicly available on the Court’s docket for six months or more (Exs. 26, 69, 83 and 159 Most of the remaining documents go to key issues and are essential to the public’s understanding and evaluation of the Court’s decision on Plaintiffs’ motion for class certification. Except as discussed below, none of them remotely raises issues sufficient to overcome New York’s presumption in favor of public access to Court proceedings. Plaintiffs are willing to: · consent to sealing Exs. 85-86, which catalogue the commission split of agents in two HL offices, provided the summary statistics reported in Plaintiffs’ motion for class certification remain unredacted; · discuss potential limited redactions to Exs. 88, 100, 124-126, 166, 168, 176-77, 179, 181 183, 185, 188 if necessary to protect sensitive third-party information; · discuss limited redactions to Ex. 146 given the purported confidentiality agreement governing the transaction under discussion in that communication; and · discuss potential limited redactions to Plaintiffs’ motion for class certification, the Cusack affidavit, and the deposition transcripts if necessary to protect trade secrets or other similarly competitively sensitive information. The foregoing is not a complete statement of Plaintiffs’ position, is for settlement purposes only, and shall be treated as compromise negotiations under the CPLR.Plaintiffs reserve all rights. Plaintiffs are available to discuss until 7pm this evening and beginning at 9am tomorrow morning. Regards, Jeremy https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1715956785176308006&simpl=msg-f%3A1715956785176308006 2/3 HL OPP. - EXHIBIT 46 - PAGE 3 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1111 RECEIVED NYSCEF: 03/22/2022 11/20/21, 5:29 PM MacGill Law Mail - Fwd: Listing of Documents to Remain Under Seal From: Robert MacGill Sent: Monday, November 8, 2021 2:31 PM To: William Ohlemeyer ; Vest, Jeremy Cc: William Harrington ; Alfred Donnellan ; Nelida Lara Subject: Listing of Documents to Remain Under Seal Bill and Jeremy, As directed by Justice Jamieson, we are providing the list of documents that should remain under seal. Also as directed by the Court, I have left a voicemail updating Bill Harrington and copied him on this email. Please provide us with a written statement explaining your rationale for unsealing each document on a document-by-document basis as soon as possible and we can have a call with you promptly after receiving your listing. Best regards. -- *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. * 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 http://www.MacGillLaw.com P Please consider the environment before printing this email. STATEMENT OF CONFIDENTIALITY: The information contained in this electronic message and any attachments to this message are intended for he 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 hat 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. https://mail.google com/mail/u/0/?ik=2b464a3495&view=pt&search=all&permmsgid=msg-f%3A1715956785176308006&simpl=msg-f%3A1715956785176308006 3/3 HL OPP. - EXHIBIT 46 - PAGE 4