Preview
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
EXHIBIT 9
(REDACTED)
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
MacGill,c
156 E. Market St.
Suite noo
Indianapolis, IN 46204
www.MacGilliaw.com
Robert D. MacGill
317-%l-5085
Robert.MacGill@MacGilliaw.com
Via Email
June 20, 2022
William P. Harrington, Esq.
Bleakley Platt & Schmidt, LLP
One North Lexington Avenue
White Plains, NY 10601
RE: Goldstein et al. v. Houlihan Lawrence, Inc. No. 60767/2018 (N.Y. Sup. Ct.,
Westchester Cty.)
Dear Bill:
We write pursuant to the Sixteenth Report and Recommendation to provide further
submissions on (A) search terms, (B) custodians, and (C) transaction detail sheets.
Plaintiffs'
A. Certain of 161 Search Terms Are Categorically Overbroad and
Should be Stricken.
As described below, the parties have already agreed that Cindy Landis and Geoff Berry
will be two of the new document custodians. To facilitate our discussion next week, Houlihan
Plaintiffs'
Lawrence has prepared hit reports for 160+ search terms against the files of Ms.
Landis and Mr. Berry, attached as Exhibits A and B.
Houlihan Lawrence respectfully requests that the Discovery Referee recommend the
following search terms stricken as overbroad:
house"
" "in
" Agen* w/10 disclos*
" Agen* w/10 help
card"
" Bonus w/15 get AND NOT (hotel OR "credit OR airline)
Disclos* "not"
" w/10
" In-house
Removing these six search terms will still leave Plaintiffs with more than 150+ search
terms, which is exceedingly generous under settled principles. Compare, e.g., District of
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
William P. Harrington, Esq.
June 20, 2022
Page 2
Delaware Default Discovery¹
Standard for ESI S 5b (limiting opposing party to ten search term
requests); Arconic Inc. v. Novelis Inc., No. 17-1434, U.S. Dist. LEXIS 176777, at *23 ("Arconic
shall run test searches on its document custodians of ten search terms."); Waste Action Project v.
Perdue Foods LLC, No. C20-0836-JCC, 2021 U.S. Dist. LEXIS 17679, at *5-6 ("If search terms
or queries are used to locate ESI likely to contain discoverable information, a requesting party is
entitled to no more than 5 additional terms or queries."); Nevro Corp. v. Boston Sci. Corp., No.
16-cy-06830-VC, 2017 U.S. Dist. LEXIS 96727 (N.D. Cal. June 22, 2017) ("The Court finds
BSC's compromise of 7 custodians and 7 search terms per custodian is appropriate.");
Arrivalstar S A. v. United States, 106 Fed. Cl. 760, 761 (Fed. Cl. 2012) ("Each requesting party
shall limit its email production requests to a total of ten search terms per custodian per party.").
Deletion of these search terms is the proper remedy here. See, e.g., Rivera v. Parker,
2021 U.S. Dist. LEXIS 137225, at *8 (N.D. Ga. May 4, 2021) (ordering deletion); Santos v.
Nuve Miguel Corp., 2021 U.S. Dist. LEXIS 241424, at *4 (S.D.N.Y. Dec. 17, 2021).
House"
1. The "In and In-House Search Terms Are Duplicative of Prior
Discovery.
The Sixteenth Report and Recommendation properly acknowledges that Houlihan
Lawrence has already engaged in a "search and production of in-house dual agency bonus emails
offices,"
from HLI's Scarsdale, White Plains and Broxville and that HL has made a "far more
'hit' documents."
fulsome document production of the 16th R&R at 10.
bonus"
The "in house issues have been litigated extensively, and were addressed in the
Second, Fourth, Fifth, Sixth, and Seventh Reports and Recommendation. The litigation centered
Plaintiffs' Bonus"
around "In House search term request:
Bonus"
FIGURE 1: "In House Search Terms Already Run & Produced.
("In-house" house"
" or "In or "inhouse")w/6bonus
" (gettORearn! OR pocket! OR collect!) w/5 bonus
" ("both sides or duall OR designat!) w/5 bonus
" IHB
Exhibit C at 2. These terms were run across the mailboxes of numerous Houlihan
Lawrence personnel, see, e.g., Fourth R&R at 11, and Houlihan Lawrence produced 55,247
bonus"
pages of "in house documents on November 9, 2020. Exhibit D.
Now Plaintiffs march backward, insisting that Houlihan Lawrence continue to run the
house."
search terms (A) In-House and (B) "in These search terms have an inordinate amount of
"hits"
on the files of Landis and Berry:
2
https://www.ded.uscourts.gov/sites/ded/files/pages/Electronic%2ODiscovery%2ODefault%205tandard_0.pdf
MacGillvc
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
William P. Harrington, Esq.
June 20, 2022
Page 3
"Hits" "In-House" House"
FIGURE 2: Landis and Berry on and "In
Term Documents with hits Documents with hits,
inctuding Family
House"
"In 19,708 23,990
in-House 19,708 23,990
"InHouse"
5,356 8,368
In-House 5,356 8,368
Exhibit A, Exhibit B. These search terms are duplicative of the already-adjudicated In
House Bonus search terms. They are not reasonably calculated to lead to the discovery of
admissible evidence. They are extremely overbroad and will require the linear review of more
than 30,000 documents for just two custodians. These two search terms should be stricken.
2. The Other Search Terms Are Overbroad and the Topics Are Covered by
Better-Crafted Search Terms.
The other search terms that Houlihan Lawrence requests to be stricken are overbroad:
FIGURE 3: Overbreadth of Other Search Terms
disclos*
Agentw/10 658 1,238
Agen* w/10disclos*
1,219 2 ,183
Disclos' w/10"not"
3,560 5,703
Disclos' "not"
w/10 9,481 13,207
Bonus w/15 get AND 673 1,150
NOT (botel OR "credit
card"
OR airline)
Bonus w/15 get AND 2,403 3,460
NOT (hotel OR "credit
card"
OR airline)
Agen*
w/to help 1 ,919 2,22O
Agen'
w/10 help 625 1,132
MacGill,c
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
William P. Harrington, Esq.
June 20, 2022
Page 4
Exhibit A, Exhibit B. Again, these search terms are not reasonably calculated to lead to
the discovery of admissible evidence. They are extremely overbroad and will require the linear
review of about 28,000 more documents for just two custodians. These should be stricken as
well.
The topics contemplated by these four search terms are amply covered by other search
terms requested by Plaintiffs. For example, striking these four would leave 17 search terms
relating to "agen*", 16 search terms relating to "disclos*", and 28 search terms relating to
"bonus".
3. Houlihan Lawrence Attempted to Refine These Six Search Terms, To No
Avail.
As a courtesy to Plaintiffs, Houlihan Lawrence attempted to refine these poorly-drafted
search terms. It did not improve matters:
FIGURE 4: Attempted Narrowing of Poor Search Terms
Agen°
w5help 1 5 1,353
I
*
Agen*w/5 013 1,824
Bonus wt3 getAND 2A03 3,460
NOT(hotelORTcredit
card'OR aidine) .
Disclos" w/5"not"
9 481 11,207
Because the poor search terms cannot be properly narrowed, they should be stricken.
4. Reservation of Rights.
Once document review begins in earnest, Houlihan Lawrence necessarily reserves the
Plaintiffs'
right to seek further narrowing of 160+ search term list. Results from these review
proceedings will cause variation based upon the final custodian list and any other to-be-resolved
parameters.
Plaintiffs'
B. Custodian Request.
The Sixteenth Report and Recommendation determined that Plaintiffs should be limited
to ten custodians. Plaintiffs have already received a voluminous document production from
several custodians, and the parties have already agreed to add Ms. Landis and Mr. Berry as
custodians:
Status
Identity
1 Dalton Produced (Exhibit E at 10)
2 Arlt Produced (Exhibit E at 10)
3 Chrystal Produced (Exhibit E at 10)
MacGill PC
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
William P. Harrington, Esq.
June 20, 2022
Page 5
4 Gricar Produced (Exhibit E at 10)
5 In House Bonus Custodians Produced 55,247 pages, Exhibit D, so this should
count as a custodian
6 Cindy Landis Agreed-Upon
7 Geoff Berry Agreed-Upon
8 TBD TBD
9 TBD TBD
10 TBD TBD
Accordingly, pursuant to the limit of ten custodians established by the Sixteenth Report
and Recommendation, the Referee should determine the identity of the three additional
custodians.
C. Transaction Detail Sheets.
Houlihan Lawrence is working with its forensic and data consultants to develop a plan for
harvesting and production of structured data containing the fields shown on the Transaction
Detail Sheets. This plan, once executed, should reduce the burden on both Houlihan Lawrence
and Plaintiffs. The visual Transaction Detail Sheets are not available without manual
intervention.
* * *
Thank you for your assistance.
Best regards.
Very truly yours,
Robert D. MacGill
cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara, Alexander Pantos, William Ohlemeyer,
Jeremy Vest
MacGill PC
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
Pam Goldstein v Houlihan Lawrence Inc
Search Terms Report
Terms Summary
House"
"In 19,708 23,990 0
share"
"Market w/10 7 9 4
boost
share"
"Market w/10 0 O 0
collaps*
share"
"Market w/10 0 0 0
crisis
share"
"Market w/10 4 5 3
declin*
share"
"Market w/10 6 9 0
downturn
share" 10
"Market w/10 13 14
encourag*
share"
"Market w/10 83 156 26
grow*
share"
"Market w/10 0 0 0
incent*
share" 4
"Market w/10 26 43
increase
share"
"Market w/10 0 0 0
motivat*
share"
"Market w/10 pie 63 69 33
share"
"Market w/10 0 0 0
reward*
share" 33
"Market w/10 76 109
sales
share"
"Market w/10 0 0 0
shrink*
points" 0
"talking w/10 0 O
"Exclusive Right to
Represent"
points"
"talking w/10 0 0 0
"Exclusive Right to
Sale"
points"
4talking w/10 443 0 0 0
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
Pam Goldstein v Houlihan Lawrence Inc
Search Terms Report
points"
"talking w/10 13 24 0
agen*
points"
"talking w/10 O 0 0
comply
points"
"talking w/10 0 0 0
disclos*
points"
"talking w/10 0 0 0
ensure
points"
"talking w/10 2 2 0
ERR
points"
"talking wi10 2 2 0
ERS
points"
"talking w/10 0 0 0
lawful
points"
"talking w/10 5 11 1
listing
points"
"talking w/10 14 14 2
marketing
points"
biking w/10 0 0
persuad*
points"
"talking w/10 4 11 1
presentation
points"
"talking w/10 0 0 0
RPL
Agen*
w/10 "talking 13 24 0
points"
Agen*
w/10 443 159 489 6
Agen*
w/10 audit 29 54 16
Agen* 352 13
w/10 bonus 300
Agen* complicat*
w/10 59 62 25
Agen* confus* 47
w/10 121 129
Agen* 63
w/10 difficult 115 194
Agen* disclos*
w/10 1,219 2,183 O
Agen* 179
w/10 hard 377 469
Agen* 2,220 1,257
w/10 help 1 919
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
Pam Goldstein v Houlihan Lawrence Inc
Search Terms Report
Agen*
w/10 HGAR 492 648 343
Agen*
w/10 impossible 17 19 10
Agen* improper*
w/10 36 39 20
Agen* incorrect*
w/10 102 150 36
Agen*
w/10 lawsuit 21 42 9
Agen*
w/10 script 4 0
Agen*
w/10 sued 17 19 7
Agen*
w/10 understand 587 764 240
Agen*
w/10 wrong 194 202 86
sides"
Bonus w/15 "both 30 30 0
AND NOT (hotel OR
card"
"credit OR airline)
Bonus w/15 "market 0 0 0
share"
AND NOT (hotel
card"
OR "credit OR
airline)
"Parrott"
Bonus w/15 59 59 0
AND NOT (hotel OR
card"
"credit OR airline)
"Polly"
Bonus w/15 AND 101 103 0
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 "Profit 0 0 0
Power"
AND NOT (Hotel
card"
OR "credit OR
airline)
Bonus w/15 collect AND 0 0 0
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 commission 211 233 0
AND NOT (hotel OR
card"
"credit OR airline)
Bonus w/15 conflict 3 3 0
AND NOT (hotel OR
card"
"credit OR airline)
disclos*
Bonus w/15 5 7 0
AND NOT (hotel OR
card"
"credit OR airline)
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
Pam Goldstein v Houlihan Lawrence Inc
Search Terms Report
Bonus w/15 earn AND 100 106 0
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 easy AND 10 10 O
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 get AND 2,403 3,460 934
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 guidelines 0
AND NOT (hotel OR
card"
"credit OR airline)
Bonus w/15 HL AND 152 157 O
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 illegal AND 0 0 0
NOT (hotel OR "credit
card"
OR airline)
incent*
Bonus w/15 AND 49 63 0
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 lawsuit 0 0 0
AND NOT (hotel OR
card"
"credit OR airline)
Bonus w/15 listing AND 96 106 0
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 manual 0 0 0
AND NOT (hotel OR
card"
"credit OR airline)
motivate*
Bonus w/15 3 4 0
AND NOT (hotel OR
card"
"credit OR airline)
Bonus w/15 new AND 115 210 0
NOT (botel OR "credit
card"
OR airline)
Bonus w/15 object AND 0 0 0
NOT (hotel OR "credit
card"
OR airline)
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
Pam Goldstein v Houlihan Lawrence Inc
Search Terms Report
Bonus w/15 pocket AND 4 0
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 remove 2 8 O
AND NOT (hotel OR
card"
"credit OR airline)
Bonus w/15 sell AND 61 69 O
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 show AND 40 66 0
NOT (hotel OR "credit
card"
OR airline)
Bonus w/15 sued AND 0 . 0 0
NOT (hotel OR "credit
card"
OR airline)
team*
Bonus w/15 AND 3 3 0
NOT (hotel OR "credit
card"
OR airline)
tempt*
Bonus w/15 AND 0 0 0
NOT (hotel OR "credit
card"
OR airline)
Disclos* "not"
w/10 9,481 13,207 6,318
Disclos*
w/10 "talking 0 0 0
points"
Disclos*
w/10 audit 25 91 0
Disclos*
w/10 bonus 0 0 0
Disclos* complicat*
w/10 0 0 0
Disclos* confus* 0
w/10 7 7
Disclos* 0
w/10 difficult 2 32
Disclos* 21 101 O
w/10 fail
Disclos*
w/10 hard 6 6 O
Disclos* 364 0
w/10 help 100
Disclos*
w/10 1 31 0
impossible
Disclos* 14 0
w/10 lawsuit 3
Disclos* 0 O
w/10 prompt 0
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022
Pam Goldstein v Houlihan Lawrence Inc
Search Terms Report
Disclos*
w/10 script 0 0 0
Disclos*
w/10 sued 1 1 0
Disclos*
w/10 82 171 0
understand
Dual w/10 443
agen*
Dual w/10 645 1,310 59
Dual w/10 big 1 1 0
Dual w/10 bonus 1 1 1
Dual w/10 commission 34 90 0
Dual w/10 conflict 7 7 O
designat*
Dual w/10 344 881 0
disclos*
Dual w/10 68 160 0
Dual w/10 fiduciary 22 34
Preview
FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 EXHIBIT 9 (REDACTED) FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 MacGill,c 156 E. Market St. Suite noo Indianapolis, IN 46204 www.MacGilliaw.com Robert D. MacGill 317-%l-5085 Robert.MacGill@MacGilliaw.com Via Email June 20, 2022 William P. Harrington, Esq. Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 RE: Goldstein et al. v. Houlihan Lawrence, Inc. No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.) Dear Bill: We write pursuant to the Sixteenth Report and Recommendation to provide further submissions on (A) search terms, (B) custodians, and (C) transaction detail sheets. Plaintiffs' A. Certain of 161 Search Terms Are Categorically Overbroad and Should be Stricken. As described below, the parties have already agreed that Cindy Landis and Geoff Berry will be two of the new document custodians. To facilitate our discussion next week, Houlihan Plaintiffs' Lawrence has prepared hit reports for 160+ search terms against the files of Ms. Landis and Mr. Berry, attached as Exhibits A and B. Houlihan Lawrence respectfully requests that the Discovery Referee recommend the following search terms stricken as overbroad: house" " "in " Agen* w/10 disclos* " Agen* w/10 help card" " Bonus w/15 get AND NOT (hotel OR "credit OR airline) Disclos* "not" " w/10 " In-house Removing these six search terms will still leave Plaintiffs with more than 150+ search terms, which is exceedingly generous under settled principles. Compare, e.g., District of FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 William P. Harrington, Esq. June 20, 2022 Page 2 Delaware Default Discovery¹ Standard for ESI S 5b (limiting opposing party to ten search term requests); Arconic Inc. v. Novelis Inc., No. 17-1434, U.S. Dist. LEXIS 176777, at *23 ("Arconic shall run test searches on its document custodians of ten search terms."); Waste Action Project v. Perdue Foods LLC, No. C20-0836-JCC, 2021 U.S. Dist. LEXIS 17679, at *5-6 ("If search terms or queries are used to locate ESI likely to contain discoverable information, a requesting party is entitled to no more than 5 additional terms or queries."); Nevro Corp. v. Boston Sci. Corp., No. 16-cy-06830-VC, 2017 U.S. Dist. LEXIS 96727 (N.D. Cal. June 22, 2017) ("The Court finds BSC's compromise of 7 custodians and 7 search terms per custodian is appropriate."); Arrivalstar S A. v. United States, 106 Fed. Cl. 760, 761 (Fed. Cl. 2012) ("Each requesting party shall limit its email production requests to a total of ten search terms per custodian per party."). Deletion of these search terms is the proper remedy here. See, e.g., Rivera v. Parker, 2021 U.S. Dist. LEXIS 137225, at *8 (N.D. Ga. May 4, 2021) (ordering deletion); Santos v. Nuve Miguel Corp., 2021 U.S. Dist. LEXIS 241424, at *4 (S.D.N.Y. Dec. 17, 2021). House" 1. The "In and In-House Search Terms Are Duplicative of Prior Discovery. The Sixteenth Report and Recommendation properly acknowledges that Houlihan Lawrence has already engaged in a "search and production of in-house dual agency bonus emails offices," from HLI's Scarsdale, White Plains and Broxville and that HL has made a "far more 'hit' documents." fulsome document production of the 16th R&R at 10. bonus" The "in house issues have been litigated extensively, and were addressed in the Second, Fourth, Fifth, Sixth, and Seventh Reports and Recommendation. The litigation centered Plaintiffs' Bonus" around "In House search term request: Bonus" FIGURE 1: "In House Search Terms Already Run & Produced. ("In-house" house" " or "In or "inhouse")w/6bonus " (gettORearn! OR pocket! OR collect!) w/5 bonus " ("both sides or duall OR designat!) w/5 bonus " IHB Exhibit C at 2. These terms were run across the mailboxes of numerous Houlihan Lawrence personnel, see, e.g., Fourth R&R at 11, and Houlihan Lawrence produced 55,247 bonus" pages of "in house documents on November 9, 2020. Exhibit D. Now Plaintiffs march backward, insisting that Houlihan Lawrence continue to run the house." search terms (A) In-House and (B) "in These search terms have an inordinate amount of "hits" on the files of Landis and Berry: 2 https://www.ded.uscourts.gov/sites/ded/files/pages/Electronic%2ODiscovery%2ODefault%205tandard_0.pdf MacGillvc FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 William P. Harrington, Esq. June 20, 2022 Page 3 "Hits" "In-House" House" FIGURE 2: Landis and Berry on and "In Term Documents with hits Documents with hits, inctuding Family House" "In 19,708 23,990 in-House 19,708 23,990 "InHouse" 5,356 8,368 In-House 5,356 8,368 Exhibit A, Exhibit B. These search terms are duplicative of the already-adjudicated In House Bonus search terms. They are not reasonably calculated to lead to the discovery of admissible evidence. They are extremely overbroad and will require the linear review of more than 30,000 documents for just two custodians. These two search terms should be stricken. 2. The Other Search Terms Are Overbroad and the Topics Are Covered by Better-Crafted Search Terms. The other search terms that Houlihan Lawrence requests to be stricken are overbroad: FIGURE 3: Overbreadth of Other Search Terms disclos* Agentw/10 658 1,238 Agen* w/10disclos* 1,219 2 ,183 Disclos' w/10"not" 3,560 5,703 Disclos' "not" w/10 9,481 13,207 Bonus w/15 get AND 673 1,150 NOT (botel OR "credit card" OR airline) Bonus w/15 get AND 2,403 3,460 NOT (hotel OR "credit card" OR airline) Agen* w/to help 1 ,919 2,22O Agen' w/10 help 625 1,132 MacGill,c FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 William P. Harrington, Esq. June 20, 2022 Page 4 Exhibit A, Exhibit B. Again, these search terms are not reasonably calculated to lead to the discovery of admissible evidence. They are extremely overbroad and will require the linear review of about 28,000 more documents for just two custodians. These should be stricken as well. The topics contemplated by these four search terms are amply covered by other search terms requested by Plaintiffs. For example, striking these four would leave 17 search terms relating to "agen*", 16 search terms relating to "disclos*", and 28 search terms relating to "bonus". 3. Houlihan Lawrence Attempted to Refine These Six Search Terms, To No Avail. As a courtesy to Plaintiffs, Houlihan Lawrence attempted to refine these poorly-drafted search terms. It did not improve matters: FIGURE 4: Attempted Narrowing of Poor Search Terms Agen° w5help 1 5 1,353 I * Agen*w/5 013 1,824 Bonus wt3 getAND 2A03 3,460 NOT(hotelORTcredit card'OR aidine) . Disclos" w/5"not" 9 481 11,207 Because the poor search terms cannot be properly narrowed, they should be stricken. 4. Reservation of Rights. Once document review begins in earnest, Houlihan Lawrence necessarily reserves the Plaintiffs' right to seek further narrowing of 160+ search term list. Results from these review proceedings will cause variation based upon the final custodian list and any other to-be-resolved parameters. Plaintiffs' B. Custodian Request. The Sixteenth Report and Recommendation determined that Plaintiffs should be limited to ten custodians. Plaintiffs have already received a voluminous document production from several custodians, and the parties have already agreed to add Ms. Landis and Mr. Berry as custodians: Status Identity 1 Dalton Produced (Exhibit E at 10) 2 Arlt Produced (Exhibit E at 10) 3 Chrystal Produced (Exhibit E at 10) MacGill PC FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 William P. Harrington, Esq. June 20, 2022 Page 5 4 Gricar Produced (Exhibit E at 10) 5 In House Bonus Custodians Produced 55,247 pages, Exhibit D, so this should count as a custodian 6 Cindy Landis Agreed-Upon 7 Geoff Berry Agreed-Upon 8 TBD TBD 9 TBD TBD 10 TBD TBD Accordingly, pursuant to the limit of ten custodians established by the Sixteenth Report and Recommendation, the Referee should determine the identity of the three additional custodians. C. Transaction Detail Sheets. Houlihan Lawrence is working with its forensic and data consultants to develop a plan for harvesting and production of structured data containing the fields shown on the Transaction Detail Sheets. This plan, once executed, should reduce the burden on both Houlihan Lawrence and Plaintiffs. The visual Transaction Detail Sheets are not available without manual intervention. * * * Thank you for your assistance. Best regards. Very truly yours, Robert D. MacGill cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara, Alexander Pantos, William Ohlemeyer, Jeremy Vest MacGill PC FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 Pam Goldstein v Houlihan Lawrence Inc Search Terms Report Terms Summary House" "In 19,708 23,990 0 share" "Market w/10 7 9 4 boost share" "Market w/10 0 O 0 collaps* share" "Market w/10 0 0 0 crisis share" "Market w/10 4 5 3 declin* share" "Market w/10 6 9 0 downturn share" 10 "Market w/10 13 14 encourag* share" "Market w/10 83 156 26 grow* share" "Market w/10 0 0 0 incent* share" 4 "Market w/10 26 43 increase share" "Market w/10 0 0 0 motivat* share" "Market w/10 pie 63 69 33 share" "Market w/10 0 0 0 reward* share" 33 "Market w/10 76 109 sales share" "Market w/10 0 0 0 shrink* points" 0 "talking w/10 0 O "Exclusive Right to Represent" points" "talking w/10 0 0 0 "Exclusive Right to Sale" points" 4talking w/10 443 0 0 0 FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 Pam Goldstein v Houlihan Lawrence Inc Search Terms Report points" "talking w/10 13 24 0 agen* points" "talking w/10 O 0 0 comply points" "talking w/10 0 0 0 disclos* points" "talking w/10 0 0 0 ensure points" "talking w/10 2 2 0 ERR points" "talking wi10 2 2 0 ERS points" "talking w/10 0 0 0 lawful points" "talking w/10 5 11 1 listing points" "talking w/10 14 14 2 marketing points" biking w/10 0 0 persuad* points" "talking w/10 4 11 1 presentation points" "talking w/10 0 0 0 RPL Agen* w/10 "talking 13 24 0 points" Agen* w/10 443 159 489 6 Agen* w/10 audit 29 54 16 Agen* 352 13 w/10 bonus 300 Agen* complicat* w/10 59 62 25 Agen* confus* 47 w/10 121 129 Agen* 63 w/10 difficult 115 194 Agen* disclos* w/10 1,219 2,183 O Agen* 179 w/10 hard 377 469 Agen* 2,220 1,257 w/10 help 1 919 FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 Pam Goldstein v Houlihan Lawrence Inc Search Terms Report Agen* w/10 HGAR 492 648 343 Agen* w/10 impossible 17 19 10 Agen* improper* w/10 36 39 20 Agen* incorrect* w/10 102 150 36 Agen* w/10 lawsuit 21 42 9 Agen* w/10 script 4 0 Agen* w/10 sued 17 19 7 Agen* w/10 understand 587 764 240 Agen* w/10 wrong 194 202 86 sides" Bonus w/15 "both 30 30 0 AND NOT (hotel OR card" "credit OR airline) Bonus w/15 "market 0 0 0 share" AND NOT (hotel card" OR "credit OR airline) "Parrott" Bonus w/15 59 59 0 AND NOT (hotel OR card" "credit OR airline) "Polly" Bonus w/15 AND 101 103 0 NOT (hotel OR "credit card" OR airline) Bonus w/15 "Profit 0 0 0 Power" AND NOT (Hotel card" OR "credit OR airline) Bonus w/15 collect AND 0 0 0 NOT (hotel OR "credit card" OR airline) Bonus w/15 commission 211 233 0 AND NOT (hotel OR card" "credit OR airline) Bonus w/15 conflict 3 3 0 AND NOT (hotel OR card" "credit OR airline) disclos* Bonus w/15 5 7 0 AND NOT (hotel OR card" "credit OR airline) FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 Pam Goldstein v Houlihan Lawrence Inc Search Terms Report Bonus w/15 earn AND 100 106 0 NOT (hotel OR "credit card" OR airline) Bonus w/15 easy AND 10 10 O NOT (hotel OR "credit card" OR airline) Bonus w/15 get AND 2,403 3,460 934 NOT (hotel OR "credit card" OR airline) Bonus w/15 guidelines 0 AND NOT (hotel OR card" "credit OR airline) Bonus w/15 HL AND 152 157 O NOT (hotel OR "credit card" OR airline) Bonus w/15 illegal AND 0 0 0 NOT (hotel OR "credit card" OR airline) incent* Bonus w/15 AND 49 63 0 NOT (hotel OR "credit card" OR airline) Bonus w/15 lawsuit 0 0 0 AND NOT (hotel OR card" "credit OR airline) Bonus w/15 listing AND 96 106 0 NOT (hotel OR "credit card" OR airline) Bonus w/15 manual 0 0 0 AND NOT (hotel OR card" "credit OR airline) motivate* Bonus w/15 3 4 0 AND NOT (hotel OR card" "credit OR airline) Bonus w/15 new AND 115 210 0 NOT (botel OR "credit card" OR airline) Bonus w/15 object AND 0 0 0 NOT (hotel OR "credit card" OR airline) FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 Pam Goldstein v Houlihan Lawrence Inc Search Terms Report Bonus w/15 pocket AND 4 0 NOT (hotel OR "credit card" OR airline) Bonus w/15 remove 2 8 O AND NOT (hotel OR card" "credit OR airline) Bonus w/15 sell AND 61 69 O NOT (hotel OR "credit card" OR airline) Bonus w/15 show AND 40 66 0 NOT (hotel OR "credit card" OR airline) Bonus w/15 sued AND 0 . 0 0 NOT (hotel OR "credit card" OR airline) team* Bonus w/15 AND 3 3 0 NOT (hotel OR "credit card" OR airline) tempt* Bonus w/15 AND 0 0 0 NOT (hotel OR "credit card" OR airline) Disclos* "not" w/10 9,481 13,207 6,318 Disclos* w/10 "talking 0 0 0 points" Disclos* w/10 audit 25 91 0 Disclos* w/10 bonus 0 0 0 Disclos* complicat* w/10 0 0 0 Disclos* confus* 0 w/10 7 7 Disclos* 0 w/10 difficult 2 32 Disclos* 21 101 O w/10 fail Disclos* w/10 hard 6 6 O Disclos* 364 0 w/10 help 100 Disclos* w/10 1 31 0 impossible Disclos* 14 0 w/10 lawsuit 3 Disclos* 0 O w/10 prompt 0 FILED: WESTCHESTER COUNTY CLERK 07/06/2022 09:14 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1409 RECEIVED NYSCEF: 07/06/2022 Pam Goldstein v Houlihan Lawrence Inc Search Terms Report Disclos* w/10 script 0 0 0 Disclos* w/10 sued 1 1 0 Disclos* w/10 82 171 0 understand Dual w/10 443 agen* Dual w/10 645 1,310 59 Dual w/10 big 1 1 0 Dual w/10 bonus 1 1 1 Dual w/10 commission 34 90 0 Dual w/10 conflict 7 7 O designat* Dual w/10 344 881 0 disclos* Dual w/10 68 160 0 Dual w/10 fiduciary 22 34