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  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
						
                                

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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