On July 14, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 06/02/2022 04:39 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1347 RECEIVED NYSCEF: 06/02/2022
HOULIHAN LAWRENCE’S REPLY IN
SUPPORT OF ITS MOTION TO AMEND
CLASS DEFINITION
EXHIBIT 2
February 25, 2022 Correspondence from Robert
D. MacGill, Esq. to Discovery Referee William
P. Harrington, Esq.
FILED: WESTCHESTER COUNTY CLERK 06/02/2022 04:39 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1347 RECEIVED NYSCEF: 06/02/2022
MacGi0c
156 E. Market
St.
Suite 1200
IN 46204
Indianapolis,
www.MacGillLaw.com
Robert D. MacGill
317.442.3825
Robert.MacGill@MacGilliaw.com
Via Email
February 25, 2022
William P. Harrington, Esq.
Bleakley Platt & Schmidt, LLP
One North Lexington Avenue
White Plains, NY 10601
RE: Case Management Plan
Goldstein et al. v. HoulihanLawrence,Inc. No. 60767/2018 (N.Y. Sup. Ct.,
Westchester Cty.)
Dear Bill:
We write to follow up on our transmission of our proposed Fourteenth Report and
Recommendation ("Proposed CMP") on February 22, 2022.
Houlihan Lawrence drafted itsProposed CMP in accord with our commitment to move
forward in accordance with your guidance on February 18, 2022. You will see thatthe Proposed
CMP establishes: (1) a protocol by which Houlihan Lawrence will deliver to Plaintiffs a listof
potential class members and their contact information, to the extent available; (2) a system
through which both Plaintiffs and Houlihan Lawrence will request documents from one another,
resolve disputes, and produce those documents; (3) provisions for deposition discovery and
expert discovery; and (4) deadlines by which Houlihan Lawrence will move to modify the class
to exclude buyers and to compel arbitration and by which Plaintiffs will move to approve its
proposed class notice. We also suggest in the Proposed CMP a recurring status conference with
up"
you every three weeks to avoid the "build of potential discovery disputes.
Plaintiffs'
counsel have declined to provide feedback on the Proposed CMP and have
indicated that they are unavailable to meet with us. This is the latest iteration in a long listof
refusals to meet and confer over scheduling matters. Given these circumstances, we do not
believe itis realistic to set case milestones beyond class notice at this time. The Proposed CMP
provides that you will hold a hearing to establish the remaining case deadlines after the Court
rules on the motion to compel arbitration, the motion to remove buyers, and the motion to
approve class notice. The Proposed CMP establishes an appropriate structure to guide the parties
to this point in time.
As you know, the Court has set a hearing on scheduling matters on March 1, 2022. The
guidance you provided to the parties is incorporated in our Proposed CMP. We respectfully
FILED: WESTCHESTER COUNTY CLERK 06/02/2022 04:39 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1347 RECEIVED NYSCEF: 06/02/2022
William P. Harrington, Esq.
February 25, 2022
Page2
request that you enter the Proposed CMP as the Fourteenth Report and Recommendation in
advance of that Court hearing so that the parties may begin their work on merits issues. These
initial case milestones can be implemented now without prejudice to further proceedings.
Best regards.
Very truly yours,
Robert D. MacGill
cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara, Jeremy Vest, William Ohlemeyer
MacGillec
Document Filed Date
June 02, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 06/02/2022 04:39 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1347 RECEIVED NYSCEF: 06/02/2022 HOULIHAN LAWRENCE’S REPLY IN SUPPORT OF ITS MOTION TO AMEND CLASS DEFINITION EXHIBIT 2 February 25, 2022 Correspondence from Robert D. MacGill, Esq. to Discovery Referee William P. Harrington, Esq. FILED: WESTCHESTER COUNTY CLERK 06/02/2022 04:39 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1347 RECEIVED NYSCEF: 06/02/2022 MacGi0c 156 E. Market St. Suite 1200 IN 46204 Indianapolis, www.MacGillLaw.com Robert D. MacGill 317.442.3825 Robert.MacGill@MacGilliaw.com Via Email February 25, 2022 William P. Harrington, Esq. Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 RE: Case Management Plan Goldstein et al. v. HoulihanLawrence,Inc. No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.) Dear Bill: We write to follow up on our transmission of our proposed Fourteenth Report and Recommendation ("Proposed CMP") on February 22, 2022. Houlihan Lawrence drafted itsProposed CMP in accord with our commitment to move forward in accordance with your guidance on February 18, 2022. You will see thatthe Proposed CMP establishes: (1) a protocol by which Houlihan Lawrence will deliver to Plaintiffs a listof potential class members and their contact information, to the extent available; (2) a system through which both Plaintiffs and Houlihan Lawrence will request documents from one another, resolve disputes, and produce those documents; (3) provisions for deposition discovery and expert discovery; and (4) deadlines by which Houlihan Lawrence will move to modify the class to exclude buyers and to compel arbitration and by which Plaintiffs will move to approve its proposed class notice. We also suggest in the Proposed CMP a recurring status conference with up" you every three weeks to avoid the "build of potential discovery disputes. Plaintiffs' counsel have declined to provide feedback on the Proposed CMP and have indicated that they are unavailable to meet with us. This is the latest iteration in a long listof refusals to meet and confer over scheduling matters. Given these circumstances, we do not believe itis realistic to set case milestones beyond class notice at this time. The Proposed CMP provides that you will hold a hearing to establish the remaining case deadlines after the Court rules on the motion to compel arbitration, the motion to remove buyers, and the motion to approve class notice. The Proposed CMP establishes an appropriate structure to guide the parties to this point in time. As you know, the Court has set a hearing on scheduling matters on March 1, 2022. The guidance you provided to the parties is incorporated in our Proposed CMP. We respectfully FILED: WESTCHESTER COUNTY CLERK 06/02/2022 04:39 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1347 RECEIVED NYSCEF: 06/02/2022 William P. Harrington, Esq. February 25, 2022 Page2 request that you enter the Proposed CMP as the Fourteenth Report and Recommendation in advance of that Court hearing so that the parties may begin their work on merits issues. These initial case milestones can be implemented now without prejudice to further proceedings. Best regards. Very truly yours, Robert D. MacGill cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara, Jeremy Vest, William Ohlemeyer MacGillec