Preview
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1127 RECEIVED NYSCEF: 03/22/2022
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 63
HL OPP. - EXHIBIT 63 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1127 RECEIVED NYSCEF: 03/22/2022
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
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HL OPP. - EXHIBIT 63 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1127 RECEIVED NYSCEF: 03/22/2022
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
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HL OPP. - EXHIBIT 63 - PAGE 3
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1127 RECEIVED NYSCEF: 03/22/2022
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…
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HL OPP. - EXHIBIT 63 - PAGE 4
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1127 RECEIVED NYSCEF: 03/22/2022
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
>
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HL OPP. - EXHIBIT 63 - PAGE 5
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1127 RECEIVED NYSCEF: 03/22/2022
11/27/21, 9:22 AM MacGill Law Mail - HL - Deposition of Tom Cusack
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HL OPP. - EXHIBIT 63 - PAGE 6
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1127 RECEIVED NYSCEF: 03/22/2022
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.
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HL OPP. - EXHIBIT 63 - PAGE 7