Preview
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022
EXHIBIT
I
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022
Mario Fadi Ayoub
From: Jeffrey D. Coren
Sent: Friday, February 26, 2021 6:03 PM
To: 'Richard Clack'
Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020
Attachments: I-Evolve_Hickson_ Confidentiality Stipulation (AEO)(9289155.2)-C.docx
Follow Up Flag: Follow up
Flag Status: Completed
Dick,
My proposed edits are attached. Let’s discuss on Monday, if necessary.
Have a good weekend.
Thanks,
Jeff
From: Richard Clack
Sent: Friday, February 26, 2021 3:37 PM
To: Jeffrey D. Coren
Subject: Re: I-Evolve v. Hickson, Index No. 804173/2020
ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links!
Jeff:
I was out and about this afternoon but I am at my home now. I am available and can be reached on my cell at 860-
2375.
Dick
Sent from my iPhone
On Feb 26, 2021, at 12:16 PM, Jeffrey D. Coren wrote:
Dick, are you available this afternoon (after 3:30) to discuss?
From: Richard Clack
Sent: Thursday, February 25, 2021 9:56 AM
To: Jeffrey D. Coren
Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020
Importance: High
ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links!
1
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022
Jeff:
I am sorry that I didn’t get back to you earlier. I am usually very responsive, but I have had to spend the
bulk of the past several weeks bogged down with a successive series of drafting projects, all under
deadlines.
Mr. Hickson does not believe that your client has any need or right to view his invoices, etc., if you have
and can see them. So, he wants those documents to be AEO. From your client’s point of view, the total
amount is what is ultimately relevant.
I am available if you wish to discuss this matter. I am gearing up to argue a summary judgment motion
at 2:00 p.m. this afternoon.
Dick
Richard A. Clack, Esq.
LAW OFFICES OF RICHARD A. CLACK
750 Cathedral Park Tower
37 Franklin Street
Buffalo, New York 14202
Telephone: (716) 842-6230
E-mail: rclack@clackfirm.com
From: Jeffrey D. Coren [mailto:JCoren@phillipslytle.com]
Sent: Thursday, February 18, 2021 10:30 PM
To: Richard Clack
Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020
Hi Dick,
Following the preliminary conference, let’s try to iron out the confidentiality stipulation.
I do not anticipate marking any documents as AEO based on the current set of document requests, so if
you are fine with the standard commercial division stipulation (without AEO), I will send that version for
signature. This will alleviate any concerns about impairing client discussions.
If you insist on AEO, I will send a version that attempts to limit its application, and we can work on
mutually-agreeable language. Like you, I am concerned about over-marking documents as AEO and
impairing client communications.
Let me know what you think. We are supposed to report back to Daryl by the end of the month, so if we
do need to go back-and-forth with proposed language, we should start that process soon. I think we
both want to avoid going to the judge over this issue.
Thanks,
Jeff
From: Richard Clack
Sent: Wednesday, February 10, 2021 10:47 AM
To: Jeffrey D. Coren
Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020
2
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022
ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links!
Jeff:
I was jammed up for about three weeks preparing three successive sets of complicated papers, but I
finished the last of them last week and had the opportunity to get back into this case yesterday.
You probably already saw that I sent you an email a few minutes ago with an attached letter responding
to the subpoena to Mr. Natiella.
I have also been thinking about the “attorney’s eyes only” provision of the confidentiality stipulation,
and my thoughts remain the same. It seems to me that I need to be able to share the documents and
information your client produces with Mr. Hickson, but that you do not need to share information
concerning damages (the revenue he has generated, from who, etc.) with your client. Your client does
not need to know, and is not entitled to know, that information and that is information you can analyze
yourself. However, I do need to discuss with Hickson what you produce, which will all center around
what Mr. Hickson did, for whom he did it and what your client’s records show about costs, etc., all of
which he already generally knows. If we can agree on that, so that I am not hamstringed with an
“attorney’s eyes only” designation of that material on your part, we can sign the stipulation and start
working on production of the documents and information.
With respect to my notice for discovery and inspection of documents, I definitely need to get the
underlying documents and information, not just copies of the quarterly reports. I cannot just accept
them at face value. However, I only need those documents and information for the quarters wherein
Mr. Hickson was either not paid at all or not paid the maximum amount that he could have
earned under the applicable agreements. If he was paid the maximum amount, there obviously is no
issue with that quarter.
We can talk today or tomorrow before the preliminary conference, if you wish.
Dick
Richard A. Clack, Esq.
LAW OFFICES OF RICHARD A. CLACK
750 Cathedral Park Tower
37 Franklin Street
Buffalo, New York 14202
Telephone: (716) 842-6230
E-mail: rclack@clackfirm.com
From: Jeffrey D. Coren [mailto:JCoren@phillipslytle.com]
Sent: Thursday, February 04, 2021 11:57 AM
To: Richard Clack
Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020
Dick,
Do you have an update on the confidentiality stipulation and/or a response to my letter concerning
discovery?
3
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022
Also, please note that Gerald Natiella’s response to the subpoena was due on 1/29. Please advise when
we can expect a response.
Finally, please advise when you are available to confer in advance of the 2/11 preliminary conference,
per Commercial Division Rule 8.
Thanks,
Jeff
From: Richard Clack
Sent: Wednesday, January 20, 2021 10:07 AM
To: Jeffrey D. Coren
Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020
ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links!
Jeff:
I am sorry I haven’t gotten back to you yet. I have been working on a complex motion that I need to file,
and it has taken me a lot longer to prepare than I expected. I have also had to deal with a number of
other time-consuming Court conferences and matters.
I will be in touch as soon as I free up.
Dick
Richard A. Clack, Esq.
LAW OFFICES OF RICHARD A. CLACK
750 Cathedral Park Tower
37 Franklin Street
Buffalo, New York 14202
Telephone: (716) 842-6230
E-mail: rclack@clackfirm.com
From: Jeffrey D. Coren [mailto:JCoren@phillipslytle.com]
Sent: Friday, January 08, 2021 12:19 PM
To: Richard Clack
Subject: I-Evolve v. Hickson, Index No. 804173/2020
Dick,
Please see the attached correspondence.
Thanks,
Jeff
Jeffrey D. Coren
Senior Associate
4
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022
One Canalside
125 Main Street
Buffalo, NY 14203-2887
Phone 716 847 7024
Fax 716 852 6100
JCoren@phillipslytle.com
www.phillipslytle.com
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FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022 EXHIBIT I FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022 Mario Fadi Ayoub From: Jeffrey D. Coren Sent: Friday, February 26, 2021 6:03 PM To: 'Richard Clack' Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020 Attachments: I-Evolve_Hickson_ Confidentiality Stipulation (AEO)(9289155.2)-C.docx Follow Up Flag: Follow up Flag Status: Completed Dick, My proposed edits are attached. Let’s discuss on Monday, if necessary. Have a good weekend. Thanks, Jeff From: Richard Clack Sent: Friday, February 26, 2021 3:37 PM To: Jeffrey D. Coren Subject: Re: I-Evolve v. Hickson, Index No. 804173/2020 ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links! Jeff: I was out and about this afternoon but I am at my home now. I am available and can be reached on my cell at 860- 2375. Dick Sent from my iPhone On Feb 26, 2021, at 12:16 PM, Jeffrey D. Coren wrote: Dick, are you available this afternoon (after 3:30) to discuss? From: Richard Clack Sent: Thursday, February 25, 2021 9:56 AM To: Jeffrey D. Coren Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020 Importance: High ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links! 1 FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022 Jeff: I am sorry that I didn’t get back to you earlier. I am usually very responsive, but I have had to spend the bulk of the past several weeks bogged down with a successive series of drafting projects, all under deadlines. Mr. Hickson does not believe that your client has any need or right to view his invoices, etc., if you have and can see them. So, he wants those documents to be AEO. From your client’s point of view, the total amount is what is ultimately relevant. I am available if you wish to discuss this matter. I am gearing up to argue a summary judgment motion at 2:00 p.m. this afternoon. Dick Richard A. Clack, Esq. LAW OFFICES OF RICHARD A. CLACK 750 Cathedral Park Tower 37 Franklin Street Buffalo, New York 14202 Telephone: (716) 842-6230 E-mail: rclack@clackfirm.com From: Jeffrey D. Coren [mailto:JCoren@phillipslytle.com] Sent: Thursday, February 18, 2021 10:30 PM To: Richard Clack Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020 Hi Dick, Following the preliminary conference, let’s try to iron out the confidentiality stipulation. I do not anticipate marking any documents as AEO based on the current set of document requests, so if you are fine with the standard commercial division stipulation (without AEO), I will send that version for signature. This will alleviate any concerns about impairing client discussions. If you insist on AEO, I will send a version that attempts to limit its application, and we can work on mutually-agreeable language. Like you, I am concerned about over-marking documents as AEO and impairing client communications. Let me know what you think. We are supposed to report back to Daryl by the end of the month, so if we do need to go back-and-forth with proposed language, we should start that process soon. I think we both want to avoid going to the judge over this issue. Thanks, Jeff From: Richard Clack Sent: Wednesday, February 10, 2021 10:47 AM To: Jeffrey D. Coren Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020 2 FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022 ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links! Jeff: I was jammed up for about three weeks preparing three successive sets of complicated papers, but I finished the last of them last week and had the opportunity to get back into this case yesterday. You probably already saw that I sent you an email a few minutes ago with an attached letter responding to the subpoena to Mr. Natiella. I have also been thinking about the “attorney’s eyes only” provision of the confidentiality stipulation, and my thoughts remain the same. It seems to me that I need to be able to share the documents and information your client produces with Mr. Hickson, but that you do not need to share information concerning damages (the revenue he has generated, from who, etc.) with your client. Your client does not need to know, and is not entitled to know, that information and that is information you can analyze yourself. However, I do need to discuss with Hickson what you produce, which will all center around what Mr. Hickson did, for whom he did it and what your client’s records show about costs, etc., all of which he already generally knows. If we can agree on that, so that I am not hamstringed with an “attorney’s eyes only” designation of that material on your part, we can sign the stipulation and start working on production of the documents and information. With respect to my notice for discovery and inspection of documents, I definitely need to get the underlying documents and information, not just copies of the quarterly reports. I cannot just accept them at face value. However, I only need those documents and information for the quarters wherein Mr. Hickson was either not paid at all or not paid the maximum amount that he could have earned under the applicable agreements. If he was paid the maximum amount, there obviously is no issue with that quarter. We can talk today or tomorrow before the preliminary conference, if you wish. Dick Richard A. Clack, Esq. LAW OFFICES OF RICHARD A. CLACK 750 Cathedral Park Tower 37 Franklin Street Buffalo, New York 14202 Telephone: (716) 842-6230 E-mail: rclack@clackfirm.com From: Jeffrey D. Coren [mailto:JCoren@phillipslytle.com] Sent: Thursday, February 04, 2021 11:57 AM To: Richard Clack Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020 Dick, Do you have an update on the confidentiality stipulation and/or a response to my letter concerning discovery? 3 FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022 Also, please note that Gerald Natiella’s response to the subpoena was due on 1/29. Please advise when we can expect a response. Finally, please advise when you are available to confer in advance of the 2/11 preliminary conference, per Commercial Division Rule 8. Thanks, Jeff From: Richard Clack Sent: Wednesday, January 20, 2021 10:07 AM To: Jeffrey D. Coren Subject: RE: I-Evolve v. Hickson, Index No. 804173/2020 ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links! Jeff: I am sorry I haven’t gotten back to you yet. I have been working on a complex motion that I need to file, and it has taken me a lot longer to prepare than I expected. I have also had to deal with a number of other time-consuming Court conferences and matters. I will be in touch as soon as I free up. Dick Richard A. Clack, Esq. LAW OFFICES OF RICHARD A. CLACK 750 Cathedral Park Tower 37 Franklin Street Buffalo, New York 14202 Telephone: (716) 842-6230 E-mail: rclack@clackfirm.com From: Jeffrey D. Coren [mailto:JCoren@phillipslytle.com] Sent: Friday, January 08, 2021 12:19 PM To: Richard Clack Subject: I-Evolve v. Hickson, Index No. 804173/2020 Dick, Please see the attached correspondence. Thanks, Jeff Jeffrey D. Coren Senior Associate 4 FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/02/2022 One Canalside 125 Main Street Buffalo, NY 14203-2887 Phone 716 847 7024 Fax 716 852 6100 JCoren@phillipslytle.com www.phillipslytle.com Download vCard This electronic transmission and any attachments hereto are intended only for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you have reason to believe that you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this electronic transmission is strictly prohibited. If you have reason to believe that you have received this transmission in error, please notify immediately by return e-mail and delete and destroy this communication. WARNING: E-mail communications cannot be guaranteed to be timely, secure, error-free or virus-free. The recipient of this communication should check this e-mail and each attachment for the presence of viruses. The sender does not accept any liability for any errors or omissions in the content of this electronic communication which arises as a result of e-mail transmission. 5