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. 1395 RECEIVED NYSCEF: 06/30/2022
EXHIBIT 6
FILED: WESTCHESTER COUNTY CLERK 06/30/2022 03:20 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1395 RECEIVED NYSCEF: 06/30/2022
156 E. Market Street
Suite 1200
Indianapolis, IN 46204
www.MacGillLaw.com
Robert D. MacGill
317.906.5085
Robert.MacGill@MacGillLaw.com
Via Email
April 6, 2022
Jeremy Vest
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Chrysler Center
666 Third Avenue
New York NY 10017
William Ohlemeyer
Boies Schiller Flexner LLP
333 Main Street
Armonk, NY 10504
RE: Class List, Goldstein et al. v. Houlihan Lawrence, Inc.,
No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.)
Dear Counsel,
Pursuant to the Fourteenth Report and Recommendation, please find enclosed the class
member list.
Transactions that met the class criteria were identified within the Company’s ERP
system, Profit Power, as follows: The transaction was recorded as a residential, closed, sales
transaction. The close date was between 1/1/2011 and 7/14/2018. The address of the subject
property had a ZIP Code or city name within Westchester, Putnam or Dutchess counties, per data
from the USPS. The transaction type was recorded as “Our List and Sale.”
We also identified 28 data records where there were multiple records for the same subject
property that recorded commissions for the list side and sale (buy) side. In these instances, the
subject property shared either (a) the same address and MLS Number and/or (b) shared the same
address and close price with close dates within 30 days of the other record. We have provided
these records in a separate Excel workbook.
This list should be used in place of the prior lists, which were attached to Plaintiffs’
motion for class certification. As we informed you on January 28, 2019, the prior list was based
upon third party MLS data, which is less accurate than the Company’s ERP system, Profit
Power.
FILED: WESTCHESTER COUNTY CLERK 06/30/2022 03:20 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1395 RECEIVED NYSCEF: 06/30/2022
Jeremy Vest
William Ohlemeyer
April 6, 2022
Page 2
Per your request, we asked the third-party Client Connect vendor to supply us with the
email addresses associated with these transactions. The data received can be found within the
enclosed Excel workbooks.
We remind you that you are prohibited from contacting absent class members and that
nothing in the Fourteenth Report and Recommendation has changed this restriction. Per the
Fourteenth Report and Recommendation, by supplying this list, Houlihan Lawrence does not
admit that the persons identified are appropriate members of the class, and Houlihan Lawrence
reserves all rights to move to remove individuals from the class and/or modify the class
definition. Further, Houlihan Lawrence reaffirms and incorporates by reference the Court’s so-
ordered Stipulation on Arbitration, NYSCEF 368.
Finally, we note that you have been ordered to “update the mailing addresses within the
Potential Class Member Data,” and to “produce any such updated address list(s) to Houlihan
Lawrence upon their creation.” Please provide the date upon which you will produce this list to
us.
Best regards.
Very truly yours,
Robert D. MacGill
cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara, Alexander Pantos
Document Filed Date
June 30, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.