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FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/02/2022
EXHIBIT
H
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/02/2022
Via Email (rclack@clackfirm.com) January 8, 2021
Richard A. Clack, Esq.
Law Offices of Richard A. Clack
750 Cathedral Park Tower
37 Franklin Street
Buffalo, New York 14202
Re: IEvolve, Inc. v. Gerald E. Hickson, Index No. 804173/2020
Dear Dick:
The following summarizes our call yesterday with respect to defendant’s objections to
I-Evolve’s document requests and modifies certain requests.
Request No. 1: In response to defendant’s objection concerning the scope of this
request, I-Evolve proposes to narrow this request as follows:
All communications between Hickson and any I-Evolve Customers concerning
(a) entering into a business relationship; (b) any proposal, offer, or solicitation for
IT services by Hickson, PC Business, or any other entity controlled by Hickson;
(c) any requests for IT services directed to Hickson, PC Business, or any other
entity controlled by Hickson; (d) any agreements, contracts, receipts, invoices,
subscriptions, or payments for IT services provided by Hickson, PC Business, or
any other entity controlled by Hickson; or (e) any employment opportunity or
offer, including as a consultant, independent contractor, or employee.
Request Nos. 2 and 3: Defendant will produce documents responsive to these requests
from January 1, 2015 to the present.
Request No. 8: In response to defendant’s objection concerning the scope of this
request, I-Evolve clarifies this request as follows:
JEF FREY D. COREN
DI RECT 716 847 7024
JCOREN@ PHILLI PSLYTLE.COM
A TTO RN EY S A T LAW
_________
ONE CANALSIDE 125 MAIN STREET BUFFALO, NEW YORK 14203-2887 PHONE (716) 847-8400 FAX (716) 852-6100 | PHILLIPSLYTLE. COM
N E W YO R K: A LB ANY, BUFFA LO, C H AUTA UQ U A, G AR D EN CITY, N EW YOR K, ROCH ES TE R | WAS HI NGT ON, DC | CAN AD A: W ATER LOO R EGIO N
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/02/2022
Richard A. Clack, Esq. January 8, 2021
Page 2
All documents concerning Hickson’s development of an IT services business or
other business similar to I-Evolve. This includes, but is not limited to, any
documents concerning the formation of an entity, office space, employees,
website, domain or email registration, marketing, and trademarks.
Request No. 9: In response to defendant’s objection concerning the scope of this
request, I-Evolve proposes to narrow this request as follows:
Documents sufficient to demonstrate the total sales/revenue for any IT services
performed by Hickson, PC Business, or any other entity controlled by Hickson,
with respect to (a) I-Evolve Customers and (b) all other customers/clients, from
January 1, 2015 to the present.
Please advise whether defendant intends to produce documents responsive to Request
Nos. 1, 8, and 9 as modified above.
Please also return the signed Confidentiality Agreement, or provide any edits, at your
earliest convenience so that the parties may begin exchanging documents. As we
discussed, I-Evolve is amenable to deleting the “attorney eyes only” provisions.
This letter is without prejudice to I-Evolve’s rights and remedies, including its right to
seek judicial intervention concerning discovery. I-Evolve further reserves the right to
serve additional or supplemental discovery requests.
Very truly yours,
Phillips Lytle LLP
By
Jeffrey D. Coren
Doc #9400330.1
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FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/02/2022 EXHIBIT H FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/02/2022 Via Email (rclack@clackfirm.com) January 8, 2021 Richard A. Clack, Esq. Law Offices of Richard A. Clack 750 Cathedral Park Tower 37 Franklin Street Buffalo, New York 14202 Re: IEvolve, Inc. v. Gerald E. Hickson, Index No. 804173/2020 Dear Dick: The following summarizes our call yesterday with respect to defendant’s objections to I-Evolve’s document requests and modifies certain requests. Request No. 1: In response to defendant’s objection concerning the scope of this request, I-Evolve proposes to narrow this request as follows: All communications between Hickson and any I-Evolve Customers concerning (a) entering into a business relationship; (b) any proposal, offer, or solicitation for IT services by Hickson, PC Business, or any other entity controlled by Hickson; (c) any requests for IT services directed to Hickson, PC Business, or any other entity controlled by Hickson; (d) any agreements, contracts, receipts, invoices, subscriptions, or payments for IT services provided by Hickson, PC Business, or any other entity controlled by Hickson; or (e) any employment opportunity or offer, including as a consultant, independent contractor, or employee. Request Nos. 2 and 3: Defendant will produce documents responsive to these requests from January 1, 2015 to the present. Request No. 8: In response to defendant’s objection concerning the scope of this request, I-Evolve clarifies this request as follows: JEF FREY D. COREN DI RECT 716 847 7024 JCOREN@ PHILLI PSLYTLE.COM A TTO RN EY S A T LAW _________ ONE CANALSIDE 125 MAIN STREET BUFFALO, NEW YORK 14203-2887 PHONE (716) 847-8400 FAX (716) 852-6100 | PHILLIPSLYTLE. COM N E W YO R K: A LB ANY, BUFFA LO, C H AUTA UQ U A, G AR D EN CITY, N EW YOR K, ROCH ES TE R | WAS HI NGT ON, DC | CAN AD A: W ATER LOO R EGIO N FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/02/2022 Richard A. Clack, Esq. January 8, 2021 Page 2 All documents concerning Hickson’s development of an IT services business or other business similar to I-Evolve. This includes, but is not limited to, any documents concerning the formation of an entity, office space, employees, website, domain or email registration, marketing, and trademarks. Request No. 9: In response to defendant’s objection concerning the scope of this request, I-Evolve proposes to narrow this request as follows: Documents sufficient to demonstrate the total sales/revenue for any IT services performed by Hickson, PC Business, or any other entity controlled by Hickson, with respect to (a) I-Evolve Customers and (b) all other customers/clients, from January 1, 2015 to the present. Please advise whether defendant intends to produce documents responsive to Request Nos. 1, 8, and 9 as modified above. Please also return the signed Confidentiality Agreement, or provide any edits, at your earliest convenience so that the parties may begin exchanging documents. As we discussed, I-Evolve is amenable to deleting the “attorney eyes only” provisions. This letter is without prejudice to I-Evolve’s rights and remedies, including its right to seek judicial intervention concerning discovery. I-Evolve further reserves the right to serve additional or supplemental discovery requests. Very truly yours, Phillips Lytle LLP By Jeffrey D. Coren Doc #9400330.1