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 06/30/2022 03:20 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1391 RECEIVED NYSCEF: 06/30/2022
EXHIBIT 2
FILED: WESTCHESTER COUNTY CLERK 06/30/2022 03:20 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1391 RECEIVED NYSCEF: 06/30/2022
BARNESÞBURGllp 11 South Meridian Street
Indianapolis, IN 46204-3535 U.S.A.
(317) 2364313
Fax (317) 23U7433
Robert D. MacGill www.btlaw.com
(317) 231-7223
robert.macgill@btlaw.com
January 28, 2019
Via Email
Mr. Jeremy Vest
Boies Schiller Flexner LLP
333 Main Street
Armonk,NY 10504
RE: Goldstein et al. v. Houlihan Lawrence, Inc.
No. 60767/2018(N.Y.Sup.Ct., Westchester Cty.)
Dear Jeremy:
Based on recent proceedings before the Court, enclosed please find an Excel file
containing data regarding the transactions that we were able to identify in which a Houlihan
Lawrence office appears as both Listing Office and Selling Office for the period January 1, 2011
through October 31, 2018.* We used the following three Multiple Listing Services covering
New York as the source of those transactions: Hudson Gateway, Mid-Hudson Gateway, and
Columbia Greene and Northern Duchess. This dataset was gathered from third party MLS data
with the data fields identified in our November 21, 2018 letter.
We produce this data under a Confidential designation and in reliance on your written
agreement in your emails of Thursday, January 24 and Friday, January 25 that neither you nor
anyone on your behalf will contact purported class members regarding this lawsuit without first
providing at least 72 hours of advance notice to allow Houlihan Lawrence sufficient time to
contact the Court to prohibit such contact. You further agreed to refrain from such contact vmtil
the Court has addressed Houlihan Lawrence's request.^
We understand that you will write us to identify (1) the transaction files you propose we
produce, and(2)the methodologies your expert employed to identify those transactions. We will
respond promptly to your proposed methodology after receiving your written explanations.
* Your email of January 24 made reference to a "full Class Period." We object to the use of that
phrase, as no class has been certified.
^ Your email of January 25 incorrectly asserted that I "acknowledged Houlihan Lawrence is
legally prohibited from" contacting its own clients. That is not an accurate recitation of our
conversation or our position.
Atlanta Chicago Delaware Indiana Los Angeles Michigan Minneapolis Ohio Washington, D.C.
FILED: WESTCHESTER COUNTY CLERK 06/30/2022 03:20 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1391 RECEIVED NYSCEF: 06/30/2022
Mr. Jeremy Vest
January 28, 2019
Page 2
Best regards.
Very truly yours,
Robert D. MacGill
RDM/dev
Enclosure
c: Counsel of Record
#13923609v3
BARNESÞBURG llp
Document Filed Date
June 30, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 06/30/2022 03:20 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1391 RECEIVED NYSCEF: 06/30/2022 EXHIBIT 2 FILED: WESTCHESTER COUNTY CLERK 06/30/2022 03:20 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1391 RECEIVED NYSCEF: 06/30/2022 BARNESÞBURGllp 11 South Meridian Street Indianapolis, IN 46204-3535 U.S.A. (317) 2364313 Fax (317) 23U7433 Robert D. MacGill www.btlaw.com (317) 231-7223 robert.macgill@btlaw.com January 28, 2019 Via Email Mr. Jeremy Vest Boies Schiller Flexner LLP 333 Main Street Armonk,NY 10504 RE: Goldstein et al. v. Houlihan Lawrence, Inc. No. 60767/2018(N.Y.Sup.Ct., Westchester Cty.) Dear Jeremy: Based on recent proceedings before the Court, enclosed please find an Excel file containing data regarding the transactions that we were able to identify in which a Houlihan Lawrence office appears as both Listing Office and Selling Office for the period January 1, 2011 through October 31, 2018.* We used the following three Multiple Listing Services covering New York as the source of those transactions: Hudson Gateway, Mid-Hudson Gateway, and Columbia Greene and Northern Duchess. This dataset was gathered from third party MLS data with the data fields identified in our November 21, 2018 letter. We produce this data under a Confidential designation and in reliance on your written agreement in your emails of Thursday, January 24 and Friday, January 25 that neither you nor anyone on your behalf will contact purported class members regarding this lawsuit without first providing at least 72 hours of advance notice to allow Houlihan Lawrence sufficient time to contact the Court to prohibit such contact. You further agreed to refrain from such contact vmtil the Court has addressed Houlihan Lawrence's request.^ We understand that you will write us to identify (1) the transaction files you propose we produce, and(2)the methodologies your expert employed to identify those transactions. We will respond promptly to your proposed methodology after receiving your written explanations. * Your email of January 24 made reference to a "full Class Period." We object to the use of that phrase, as no class has been certified. ^ Your email of January 25 incorrectly asserted that I "acknowledged Houlihan Lawrence is legally prohibited from" contacting its own clients. That is not an accurate recitation of our conversation or our position. Atlanta Chicago Delaware Indiana Los Angeles Michigan Minneapolis Ohio Washington, D.C. FILED: WESTCHESTER COUNTY CLERK 06/30/2022 03:20 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1391 RECEIVED NYSCEF: 06/30/2022 Mr. Jeremy Vest January 28, 2019 Page 2 Best regards. Very truly yours, Robert D. MacGill RDM/dev Enclosure c: Counsel of Record #13923609v3 BARNESÞBURG llp