Preview
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 69
HL OPP. - EXHIBIT 69 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PAMELA GOLDSTEIN,
ELLYN & TONY BERK as Administrators
Index No 60767/2018
of the Estate of Winifred Berk, and PAUL
BENJAMIN, on behalf of themselves and
Hon. Linda S. Jamieson
allothers similarly situated,
PLAINTIFFS'
RESPONSES AND
Plaintiffs,
OBJECTIONS TO
DEFENDANT'S FIRST SET OF
INTERROGATORIES
HOULIHAN/LAWRENCE INC.,
Defendant.
Pursuant to CPLR 3123, plaintiffs Pamela Goldstein, Ellyn and Tony Berk as
Administrators of the Estate of Winifred Berk, and Paul Benjamin ("Plaintiffs"), on
behalf of themselves and allothers similarly situated, hereby respond and object to
"Interrogatories,"
Defendant's First Set of Interrogatories, dated July 5, 2019 (the
and each individual interrogatory therein an "Interrogatory").
GENERAL RESPONSES
The following general responses apply to all of the Interrogatories.
1. Plaintiffs base their responses on information reasonably available to
them at this time. Discovery in this matter is ongoing, additional information
Plaintiffs' Plaintiffs'
might affect responses, and preparation for class certification
Plaintiffs'
and trial is not yet complete. responses are given without prejudice to
Plaintiffs'
right to modify, amend, or supplement each such response, whether in
the form of supplemental responses hereto or through submissions at or prior to
trial, ifPlaintiffs change their interpretation of any Interrogatory, in light of
HL OPP. - EXHIBIT 69 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
additional discovery, further analysis, or for any other reason when and if
necessary.
2. Plaintiffs make their responses without waiving the right to object on
any ground to the use of these responses in this lawsuit or in any administrative
action, investigation, proceeding, or other litigation, including in the trial of this or
any other case. A response does not imply an agreement or concession that the
response is relevant to,or admissible in, this proceeding.
S. A response by Plaintiffs to an Interrogatory is not a representation
that Plaintiffs adopt, accept, affirm, or admit the assertions, contentions,
characterizations, instructions, or definitions used or made in connection with the
interrogatory.
RECURRING OBJECTIONS
Plaintiffs make the following objections with respect to the Interrogatories,
and incorporate them by reference into each response as if set forth fully therein.
By responding to any Interrogatory or failing to specifically refer to or specify any
particular Recurring Objection in response to a particular Interrogatory, Plaintiffs
do not intend to waive any of these Recurring Objections, nor admit or concede the
appropriateness of any purported Interrogatory or any assumptions contained
therein.
1. Plaintiffs object to any Interrogatory, instruction, definition, and rule
of construction to the extent it seeks to impose upon Plaintiffs obligations greater
than those required by applicable law and rules.
2. Plaintiffs object to any Interrogatory to the extent it seeks to impose
2
HL OPP. - EXHIBIT 69 - PAGE 3
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
upon Plaintiffs obligations greater than those Defendant undertook in responding to
Plaintiffs'
discovery requests.
3. Plaintiffs object to each Interrogatory to the extent itrequests
information protected by the attorney-client privilege, the work-product doctrine,
the joint-defense or common-interest privilege, or any other applicable privilege,
immunity, or protection.
4. Plaintiffs object to each Interrogatory to the extent it seeks
information containing or concerning communications between Plaintiffs and their
attorneys or confidential communications between representatives or agents of
Plaintiffs and their attorneys made for the purpose of facilitating the rendition of
professional legal services to Plaintiffs, because such information is protected by the
attorney-client, joint-defense, or common-interest privilege.
5. Plaintiffs object to each Interrogatory to the extent itseeks
Plaintiffs'
information containing or constituting the work product of attorneys.
6. Plaintiffs object to each Interrogatory to the extent it seeks disclosure
of information containing or constituting the identity of, mental impressions of,
facts known to or opinions held by any expert consultant who has been retained or
specifically employed by Plaintiffs.
7. Plaintiffs object to each Interrogatory to the extent itstates or seeks a
legal conclusion.
8. Plaintiffs object to each Interrogatory to the extent it seeks disclosure
of information that is not material to class certification or the prosecution or defense
of any claim, is not confined to the relevant issues in this case, is beyond the scope
3
HL OPP. - EXHIBIT 69 - PAGE 4
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
of the pleadings, is irrelevant to the subject matter of this action, or is not
reasonably calculated to lead to discovery of relevant admissible evidence.
9. Plaintiffs object to each Interrogatory to the extent itis unlimited in
time or otherwise not limited to a time frame relevant to this litigation and to the
issues involved in this case on the grounds that such requests seek documents or
information neither relevant to the subject matter of the litigation, nor reasonably
calculated to lead to the discovery of admissible evidence.
10. Plaintiffs object to each Interrogatory to the extent it seeks disclosure
of information that is not reasonably available to Plaintiffs.
11. Plaintiffs object to each Interrogatory to the extent it seeks disclosure
of information that cannot be located after a reasonable search.
12. Plaintiffs object to each Interrogatory to the extent it seeks disclosure
of information that is public, already in Defendant's possession, custody, or control,
or otherwise readily available to Defendant.
13. Plaintiffs object to each Interrogatory to the extent it isvague,
ambiguous, overbroad, and unduly burdensome.
14. Plaintiffs object to each Interrogatory as vague and ambiguous to the
extent it uses undefined terms that are not commonly well understood.
"all"
15. Plaintiffs object to each Interrogatory to the extent it seeks
"all" "all"
documents, or information, or requests, on the grounds that such a
request is overly broad, unduly burdensome and not within the scope of reasonable
discovery.
16. Plaintiffs object to each Interrogatory to the extent it requires or
4
HL OPP. - EXHIBIT 69 - PAGE 5
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
purports to require Plaintiffs to make a special study, perform any calculations or
produce data or documentary information in a format other than that maintained
by Plaintiffs in the ordinary course.
17. Plaintiffs object to each Interrogatory to the extent it seeks
information outside the scope and in contravention of applicable law and rules.
18. Plaintiffs object to Definition No. 2 ("Plaintiffs") insofar as it purports
to include "any individual or entity acting on their behalf, including real-estate
accountants"
agents, attorneys, and on the grounds that such demand is overly
broad, unduly burdensome, and calls for legal conclusions.
19. Plaintiffs object to Definition No. 3 ("Putative class members") insofar
as it purports to include "any individual or entity acting on their behalf, including
accountants"
real-estate agents, attorneys, and on the grounds that such demand is
overly broad, unduly burdensome, and calls for legal conclusions.
("Document"
20. Plaintiffs object to Definition No. 5 or "documents") as
exceeding the permissible scope of discovery.
INTERROGATORIES
INTERROGATORY NO. 1: State the full name, home address, business
address, email address, and phone number of witnesses with knowledge concerning
the Amended Complaint's allegations, including without limitation the allegation
that Houlihan Lawrence has failed to obtain informed consent before engaging in
dual-agency representations.
RESPONSE TO INTERROGATORY NO. 1: Plaintiffs object to
Interrogatory No. 1 on the ground that Defendant is in the best position to identify
5
HL OPP. - EXHIBIT 69 - PAGE 6
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
the past and present employees, agents, clients, and customers of Houlihan
Lawrence who have information concerning Interrogatory No. 1. Plaintiffs object to
Interrogatory No. 1 on the ground that it seeks to expand the scope of, and impose
on Plaintiffs, obligations greater than those required by applicable law and rules.
Plaintiffs object to Interrogatory No. 1 to the extent it seeks information protected
from disclosure by attorney-client, joint-defense, or common-interest privilege, the
work product doctrine, information respecting the mental impressions, conclusions,
Plaintiffs'
opinions, or legal theories of attorneys, or legal contentions. Subject to
and without waiver of their objections, Plaintiffs respond that the following
individuals may have knowledge concerning the Amended Complaint's allegations:
Pamela Goldstein, Dr. Ellyn Berk, Tony Berk, Paul Benjamin, Nancy Seaman,
Christopher Meyers, Stephen Meyers, Jim Gricar, Toni Chrystal, Gino Bello, Daniel
Cezimbra, Nicole Corrado, Gerardo Magnarelli, David Calabrese, Suzanne Lagle,
Brian Murray, Angela Kessel, Geoffrey Berry, and Brendon DeSimone.
INTERROGATORY NO. 2: Provide a computation of each category of
damage alleged in the Amended Complaint.
RESPONSE TO INTERROGATORY NO. 2: Plaintiffs object to
Interrogatory No. 2 to the extent it seeks information protected from disclosure by
the attorney-client, joint-defense, or common-interest privilege, the work product
doctrine, information respecting the mental impressions, conclusions, opinions, or
Plaintiffs'
legal theories of attorneys, or legal contentions. Plaintiffs object to
Interrogatory No. 2 to the extent it seeks information that is exempt from discovery.
Plaintiffs object to Interrogatory No. 2 to the extent itprematurely seeks
6
HL OPP. - EXHIBIT 69 - PAG E 7
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
information that will be the subject of expert discovery. Subject to and without
waiver of their objections, Plaintiffs respond that they seek recovery of the sales
commissions and other monies or benefits Houlihan Lawrence wrongfully obtained
in connection with the undisclosed, non-consensual dual-agent transactions that are
the subject of the Amended Complaint; pre-judgment and post-judgment interest;
attorneys'
costs and expenses to which Plaintiffs are entitled, including reasonable
fees; and punitive damages. Plaintiffs currently estimate, based on the information
provided by Houlihan Lawrence at HL 2638-39, that Houlihan Lawrence's
wrongfully obtained commissions total approximately $425 million.
INTERROGATORY NO. 3: Identify the custodian, location, and general
description of material and necessary documents and other physical evidence.
RESPONSE TO INTERROGATORY NO. 3: Plaintiffs object to
Interrogatory No. 3 on the ground that Defendant is in the best position to identify
the custodian, location, and general description of material and necessary
documents and other physical evidence in its possession, custody, or control.
Subject to and without waiver of their objections, Plaintiffs respond as follows:
" Pamela Goldstein has hard copy files, a personal computer, mobile
device, and personal e-mail account that may contain documents and
communications relating to the purchase of 6 Wellington Terrace,
White Plains, New York 10607.
" Tony Berk has hard copy files,a personal computer, mobile device,
and personal e-mail account that may contain documents and
7
HL OPP. - EXHIBIT 69 - PAG E 8
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
communications relating to the sale of 190 Davis Avenue, White
Plains, New York 10605.
" Dr. Ellyn Berk has hard copy files, a personal computer, mobile
device and a personal e-mail account that may contain documents and
communications relating to the sale of 190 Davis Avenue, White
Plains, New York 10605.
" Paul Benjamin has had copy files,a personal computer, mobile
device, and personal e-mail accounts that may contain documents and
communications relating to the purchase of 16 Old Logging Rd,
Bedford, New York 10506.
Dated: July 25, 2019
Armonk, New York
BOIE CHILLER FLEXNER LLP
William Ohlemey r
Jeremy Vest
Amos Friedland
Paul Fattaurso
333 Main Street
Armonk, New York 10504
914-749-8200
Melissa Felder Zappala
1401 New York Avenue, NW
Washington, DC 20005
Attorneys for Plaintiffs
To: Philip M. Halpern
COLLIER HALPERN & NEWBERG, LLP
8
HL OPP. - EXHIBIT 69 - PAGE 9
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
One North Lexington Avenue
White Plains, New York 10601
914-684-6800
Robert D. MacGill (Pro Hac Vice)
Jessica M. Lindemann (Pro Hac Vice)
BARNES & THORNBURG LLP
11 South Meridian Street
Indianapolis, Indiana 46204
317-231-7228
Attorneys for Defen.dant
9
HL OPP. - EXHIBIT 69 - PAGE 10
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
VEUFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
e , beingduly sworn, deposes and says:
I, o 4t , haveread Defendant's FirstSet ofInterrogatories
and my answers to those thich
interrogatories, are trueto thebestof my knowledge,
information,and belief,I declareunder penalty of perjurythatthe foregoing is trueand correct.
. .
. Ellyn
Sworn to subscribed before
me _
this day of July,2019
Notary Pub ic
JOHNA.IMSTEIUCK
NOTARYPUlitic 89GECFNEM60RK
G00g0Y
11
HL OPP. - EXHIBIT 69 - PAGE 11
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
2/ 36gK , beingduly sworn, deposes and says:
I, p ff DE K , haveread Defendant's FirstSet ofInterrogatories
and answers tothose whichare
interrogatories, trueto thebest ofmy knowledge,
may
I declare thatthe foregoing and
is true correct.
information,andbelief, underpenalty ofperjury
Swarn to and subscribedbefore
me this th day ofJúls 2019
. Notary Publi
Moore -
Notary o county
11
HL OPP. - EXHIBIT 69 - PAGE 12
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER 3 )
, beingduly sworn, deposes and says:
I, , haveread Defendant's FirstSet ofinterrogatories
and my answers to thoseinterrogatories,which are truetothe best ofmy knowledge,
information,and belief,I declareunder penalty of pedury thatthe foregoing and
is true correct.
P ulB jamin
Sworn to and subscribedbefore
me thist5-th
day of July,2019
N tary lic
AMONDAE GAYLE
NotaryPublic - Stateof New
NO York
01GA6335282
.. . 3 BronxCounty
es .ian 4. 2020
13
HL OPP. - EXHIBIT 69 - PAGE 13
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022
!
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
Meú(A. W , beingduly swom, deposes and says:
I, O,Melt H , haveread Defendant's FirstSet ofInterrogatories
and my answers to those which
interrogatories, are truetothe best ofmy knowledge,
information,and belief,I declareunder penalty of perjurythatthe foregoing is trueand correct.
Pamela G dstein
Sworn toand subscribed before
me this thday ofJuly,2019
Notary Pu
ANA L RODRIGU£Z
NofARYPuouc-sTATE
OFNEWYORK
Wo.01806360316
Oua#Nedin
BransCounty
MyComnitesion
Expireso8"t9"202)
9
HL OPP. - EXHIBIT 69 - PAGE 14
Preview
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 69 HL OPP. - EXHIBIT 69 - PAGE 1 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PAMELA GOLDSTEIN, ELLYN & TONY BERK as Administrators Index No 60767/2018 of the Estate of Winifred Berk, and PAUL BENJAMIN, on behalf of themselves and Hon. Linda S. Jamieson allothers similarly situated, PLAINTIFFS' RESPONSES AND Plaintiffs, OBJECTIONS TO DEFENDANT'S FIRST SET OF INTERROGATORIES HOULIHAN/LAWRENCE INC., Defendant. Pursuant to CPLR 3123, plaintiffs Pamela Goldstein, Ellyn and Tony Berk as Administrators of the Estate of Winifred Berk, and Paul Benjamin ("Plaintiffs"), on behalf of themselves and allothers similarly situated, hereby respond and object to "Interrogatories," Defendant's First Set of Interrogatories, dated July 5, 2019 (the and each individual interrogatory therein an "Interrogatory"). GENERAL RESPONSES The following general responses apply to all of the Interrogatories. 1. Plaintiffs base their responses on information reasonably available to them at this time. Discovery in this matter is ongoing, additional information Plaintiffs' Plaintiffs' might affect responses, and preparation for class certification Plaintiffs' and trial is not yet complete. responses are given without prejudice to Plaintiffs' right to modify, amend, or supplement each such response, whether in the form of supplemental responses hereto or through submissions at or prior to trial, ifPlaintiffs change their interpretation of any Interrogatory, in light of HL OPP. - EXHIBIT 69 - PAGE 2 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 additional discovery, further analysis, or for any other reason when and if necessary. 2. Plaintiffs make their responses without waiving the right to object on any ground to the use of these responses in this lawsuit or in any administrative action, investigation, proceeding, or other litigation, including in the trial of this or any other case. A response does not imply an agreement or concession that the response is relevant to,or admissible in, this proceeding. S. A response by Plaintiffs to an Interrogatory is not a representation that Plaintiffs adopt, accept, affirm, or admit the assertions, contentions, characterizations, instructions, or definitions used or made in connection with the interrogatory. RECURRING OBJECTIONS Plaintiffs make the following objections with respect to the Interrogatories, and incorporate them by reference into each response as if set forth fully therein. By responding to any Interrogatory or failing to specifically refer to or specify any particular Recurring Objection in response to a particular Interrogatory, Plaintiffs do not intend to waive any of these Recurring Objections, nor admit or concede the appropriateness of any purported Interrogatory or any assumptions contained therein. 1. Plaintiffs object to any Interrogatory, instruction, definition, and rule of construction to the extent it seeks to impose upon Plaintiffs obligations greater than those required by applicable law and rules. 2. Plaintiffs object to any Interrogatory to the extent it seeks to impose 2 HL OPP. - EXHIBIT 69 - PAGE 3 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 upon Plaintiffs obligations greater than those Defendant undertook in responding to Plaintiffs' discovery requests. 3. Plaintiffs object to each Interrogatory to the extent itrequests information protected by the attorney-client privilege, the work-product doctrine, the joint-defense or common-interest privilege, or any other applicable privilege, immunity, or protection. 4. Plaintiffs object to each Interrogatory to the extent it seeks information containing or concerning communications between Plaintiffs and their attorneys or confidential communications between representatives or agents of Plaintiffs and their attorneys made for the purpose of facilitating the rendition of professional legal services to Plaintiffs, because such information is protected by the attorney-client, joint-defense, or common-interest privilege. 5. Plaintiffs object to each Interrogatory to the extent itseeks Plaintiffs' information containing or constituting the work product of attorneys. 6. Plaintiffs object to each Interrogatory to the extent it seeks disclosure of information containing or constituting the identity of, mental impressions of, facts known to or opinions held by any expert consultant who has been retained or specifically employed by Plaintiffs. 7. Plaintiffs object to each Interrogatory to the extent itstates or seeks a legal conclusion. 8. Plaintiffs object to each Interrogatory to the extent it seeks disclosure of information that is not material to class certification or the prosecution or defense of any claim, is not confined to the relevant issues in this case, is beyond the scope 3 HL OPP. - EXHIBIT 69 - PAGE 4 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 of the pleadings, is irrelevant to the subject matter of this action, or is not reasonably calculated to lead to discovery of relevant admissible evidence. 9. Plaintiffs object to each Interrogatory to the extent itis unlimited in time or otherwise not limited to a time frame relevant to this litigation and to the issues involved in this case on the grounds that such requests seek documents or information neither relevant to the subject matter of the litigation, nor reasonably calculated to lead to the discovery of admissible evidence. 10. Plaintiffs object to each Interrogatory to the extent it seeks disclosure of information that is not reasonably available to Plaintiffs. 11. Plaintiffs object to each Interrogatory to the extent it seeks disclosure of information that cannot be located after a reasonable search. 12. Plaintiffs object to each Interrogatory to the extent it seeks disclosure of information that is public, already in Defendant's possession, custody, or control, or otherwise readily available to Defendant. 13. Plaintiffs object to each Interrogatory to the extent it isvague, ambiguous, overbroad, and unduly burdensome. 14. Plaintiffs object to each Interrogatory as vague and ambiguous to the extent it uses undefined terms that are not commonly well understood. "all" 15. Plaintiffs object to each Interrogatory to the extent it seeks "all" "all" documents, or information, or requests, on the grounds that such a request is overly broad, unduly burdensome and not within the scope of reasonable discovery. 16. Plaintiffs object to each Interrogatory to the extent it requires or 4 HL OPP. - EXHIBIT 69 - PAGE 5 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 purports to require Plaintiffs to make a special study, perform any calculations or produce data or documentary information in a format other than that maintained by Plaintiffs in the ordinary course. 17. Plaintiffs object to each Interrogatory to the extent it seeks information outside the scope and in contravention of applicable law and rules. 18. Plaintiffs object to Definition No. 2 ("Plaintiffs") insofar as it purports to include "any individual or entity acting on their behalf, including real-estate accountants" agents, attorneys, and on the grounds that such demand is overly broad, unduly burdensome, and calls for legal conclusions. 19. Plaintiffs object to Definition No. 3 ("Putative class members") insofar as it purports to include "any individual or entity acting on their behalf, including accountants" real-estate agents, attorneys, and on the grounds that such demand is overly broad, unduly burdensome, and calls for legal conclusions. ("Document" 20. Plaintiffs object to Definition No. 5 or "documents") as exceeding the permissible scope of discovery. INTERROGATORIES INTERROGATORY NO. 1: State the full name, home address, business address, email address, and phone number of witnesses with knowledge concerning the Amended Complaint's allegations, including without limitation the allegation that Houlihan Lawrence has failed to obtain informed consent before engaging in dual-agency representations. RESPONSE TO INTERROGATORY NO. 1: Plaintiffs object to Interrogatory No. 1 on the ground that Defendant is in the best position to identify 5 HL OPP. - EXHIBIT 69 - PAGE 6 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 the past and present employees, agents, clients, and customers of Houlihan Lawrence who have information concerning Interrogatory No. 1. Plaintiffs object to Interrogatory No. 1 on the ground that it seeks to expand the scope of, and impose on Plaintiffs, obligations greater than those required by applicable law and rules. Plaintiffs object to Interrogatory No. 1 to the extent it seeks information protected from disclosure by attorney-client, joint-defense, or common-interest privilege, the work product doctrine, information respecting the mental impressions, conclusions, Plaintiffs' opinions, or legal theories of attorneys, or legal contentions. Subject to and without waiver of their objections, Plaintiffs respond that the following individuals may have knowledge concerning the Amended Complaint's allegations: Pamela Goldstein, Dr. Ellyn Berk, Tony Berk, Paul Benjamin, Nancy Seaman, Christopher Meyers, Stephen Meyers, Jim Gricar, Toni Chrystal, Gino Bello, Daniel Cezimbra, Nicole Corrado, Gerardo Magnarelli, David Calabrese, Suzanne Lagle, Brian Murray, Angela Kessel, Geoffrey Berry, and Brendon DeSimone. INTERROGATORY NO. 2: Provide a computation of each category of damage alleged in the Amended Complaint. RESPONSE TO INTERROGATORY NO. 2: Plaintiffs object to Interrogatory No. 2 to the extent it seeks information protected from disclosure by the attorney-client, joint-defense, or common-interest privilege, the work product doctrine, information respecting the mental impressions, conclusions, opinions, or Plaintiffs' legal theories of attorneys, or legal contentions. Plaintiffs object to Interrogatory No. 2 to the extent it seeks information that is exempt from discovery. Plaintiffs object to Interrogatory No. 2 to the extent itprematurely seeks 6 HL OPP. - EXHIBIT 69 - PAG E 7 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 information that will be the subject of expert discovery. Subject to and without waiver of their objections, Plaintiffs respond that they seek recovery of the sales commissions and other monies or benefits Houlihan Lawrence wrongfully obtained in connection with the undisclosed, non-consensual dual-agent transactions that are the subject of the Amended Complaint; pre-judgment and post-judgment interest; attorneys' costs and expenses to which Plaintiffs are entitled, including reasonable fees; and punitive damages. Plaintiffs currently estimate, based on the information provided by Houlihan Lawrence at HL 2638-39, that Houlihan Lawrence's wrongfully obtained commissions total approximately $425 million. INTERROGATORY NO. 3: Identify the custodian, location, and general description of material and necessary documents and other physical evidence. RESPONSE TO INTERROGATORY NO. 3: Plaintiffs object to Interrogatory No. 3 on the ground that Defendant is in the best position to identify the custodian, location, and general description of material and necessary documents and other physical evidence in its possession, custody, or control. Subject to and without waiver of their objections, Plaintiffs respond as follows: " Pamela Goldstein has hard copy files, a personal computer, mobile device, and personal e-mail account that may contain documents and communications relating to the purchase of 6 Wellington Terrace, White Plains, New York 10607. " Tony Berk has hard copy files,a personal computer, mobile device, and personal e-mail account that may contain documents and 7 HL OPP. - EXHIBIT 69 - PAG E 8 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 communications relating to the sale of 190 Davis Avenue, White Plains, New York 10605. " Dr. Ellyn Berk has hard copy files, a personal computer, mobile device and a personal e-mail account that may contain documents and communications relating to the sale of 190 Davis Avenue, White Plains, New York 10605. " Paul Benjamin has had copy files,a personal computer, mobile device, and personal e-mail accounts that may contain documents and communications relating to the purchase of 16 Old Logging Rd, Bedford, New York 10506. Dated: July 25, 2019 Armonk, New York BOIE CHILLER FLEXNER LLP William Ohlemey r Jeremy Vest Amos Friedland Paul Fattaurso 333 Main Street Armonk, New York 10504 914-749-8200 Melissa Felder Zappala 1401 New York Avenue, NW Washington, DC 20005 Attorneys for Plaintiffs To: Philip M. Halpern COLLIER HALPERN & NEWBERG, LLP 8 HL OPP. - EXHIBIT 69 - PAGE 9 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 One North Lexington Avenue White Plains, New York 10601 914-684-6800 Robert D. MacGill (Pro Hac Vice) Jessica M. Lindemann (Pro Hac Vice) BARNES & THORNBURG LLP 11 South Meridian Street Indianapolis, Indiana 46204 317-231-7228 Attorneys for Defen.dant 9 HL OPP. - EXHIBIT 69 - PAGE 10 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 VEUFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) e , beingduly sworn, deposes and says: I, o 4t , haveread Defendant's FirstSet ofInterrogatories and my answers to those thich interrogatories, are trueto thebestof my knowledge, information,and belief,I declareunder penalty of perjurythatthe foregoing is trueand correct. . . . Ellyn Sworn to subscribed before me _ this day of July,2019 Notary Pub ic JOHNA.IMSTEIUCK NOTARYPUlitic 89GECFNEM60RK G00g0Y 11 HL OPP. - EXHIBIT 69 - PAGE 11 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) 2/ 36gK , beingduly sworn, deposes and says: I, p ff DE K , haveread Defendant's FirstSet ofInterrogatories and answers tothose whichare interrogatories, trueto thebest ofmy knowledge, may I declare thatthe foregoing and is true correct. information,andbelief, underpenalty ofperjury Swarn to and subscribedbefore me this th day ofJúls 2019 . Notary Publi Moore - Notary o county 11 HL OPP. - EXHIBIT 69 - PAGE 12 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER 3 ) , beingduly sworn, deposes and says: I, , haveread Defendant's FirstSet ofinterrogatories and my answers to thoseinterrogatories,which are truetothe best ofmy knowledge, information,and belief,I declareunder penalty of pedury thatthe foregoing and is true correct. P ulB jamin Sworn to and subscribedbefore me thist5-th day of July,2019 N tary lic AMONDAE GAYLE NotaryPublic - Stateof New NO York 01GA6335282 .. . 3 BronxCounty es .ian 4. 2020 13 HL OPP. - EXHIBIT 69 - PAGE 13 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 04:19 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 03/22/2022 ! VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) Meú(A. W , beingduly swom, deposes and says: I, O,Melt H , haveread Defendant's FirstSet ofInterrogatories and my answers to those which interrogatories, are truetothe best ofmy knowledge, information,and belief,I declareunder penalty of perjurythatthe foregoing is trueand correct. Pamela G dstein Sworn toand subscribed before me this thday ofJuly,2019 Notary Pu ANA L RODRIGU£Z NofARYPuouc-sTATE OFNEWYORK Wo.01806360316 Oua#Nedin BransCounty MyComnitesion Expireso8"t9"202) 9 HL OPP. - EXHIBIT 69 - PAGE 14