On March 18, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Ievolve, Inc.,
and
Gerald E. Hickson,
for Commercial Division
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/02/2022
EXHIBIT
O
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/02/2022
Mario Fadi Ayoub
From: Jeffrey D. Coren
Sent: Wednesday, September 1, 2021 4:47 PM
To: 'Richard Clack'
Subject: RE: I-Evolve v. Hickson
Dick:
I am in receipt of the box of documents and the email from Mr. Hickson, and acknowledge that they have been
designated as confidential and AEO, respectively. I-Evolve reserves its right to challenge any designation, per the
Confidentiality Order.
Thanks,
Jeff
From: Richard Clack
Sent: Wednesday, September 1, 2021 3:52 PM
To: Jeffrey D. Coren
Subject: FW: I-Evolve v. Hickson
ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links!
Jeff:
It is my understanding that Mr. Hickson sent you his One Note file via a shared folder and also in a link in an e-mail.
As indicated below, this file has been provided to you designated as “Attorneys Eyes Only”.
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: Richard Clack
Sent: Wednesday, September 1, 2021 1:45 PM
To: Jeffrey D. Coren
Subject: I-Evolve v. Hickson
Jeff:
Mr. Hickson brought me a box this afternoon containing the documents he agreed to produce pursuant to your e-mail of
July 28, 2021. To facilitate getting them to you this afternoon, I had him drive me to your office, and I left the box with
your receptionist.
1
FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/02/2022
Because of these circumstances, I did not have the opportunity to provide you with a letter accompanying the
documents, and I had no ability to mark the documents “Confidential”. However, please consider all of the documents
in the box to marked “Confidential. The box contains his documents pertaining to items 1 and 4 of your e-mail of July
28, 2021.
Mr. Hickson’s One Note file is electronic, and he is going to send me a link to that file shortly, which I will forward to
you. This file contains his customers’ passwords and other highly confidential information and thus this file is hereby
designated as “Attorneys’ Eyes Only”.
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
CONFIDENTIALITY NOTICE: This e-mail transmission and any documents, files or previous e-mail messages attached to
it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the
intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any
review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this
e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify
me by forwarding this e-mail to rclack@clackfirm.com or by telephone at 716-842-6230 and then delete the message
and its attachments from your computer. Thank you. CIRCULAR 230 NOTICE: Any tax advice contained herein (including
in any attachments) is not intended to be used, and cannot be used, to (i) avoid penalties that may be imposed on a
taxpayer or (ii) to promote, market or recommended any tax-related matter.
2
Document Filed Date
February 02, 2022
Case Filing Date
March 18, 2020
Category
Commercial Division
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FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/02/2022 EXHIBIT O FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/02/2022 Mario Fadi Ayoub From: Jeffrey D. Coren Sent: Wednesday, September 1, 2021 4:47 PM To: 'Richard Clack' Subject: RE: I-Evolve v. Hickson Dick: I am in receipt of the box of documents and the email from Mr. Hickson, and acknowledge that they have been designated as confidential and AEO, respectively. I-Evolve reserves its right to challenge any designation, per the Confidentiality Order. Thanks, Jeff From: Richard Clack Sent: Wednesday, September 1, 2021 3:52 PM To: Jeffrey D. Coren Subject: FW: I-Evolve v. Hickson ATTENTION EXTERNAL EMAIL: Use Caution with attachments and links! Jeff: It is my understanding that Mr. Hickson sent you his One Note file via a shared folder and also in a link in an e-mail. As indicated below, this file has been provided to you designated as “Attorneys Eyes Only”. 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: Richard Clack Sent: Wednesday, September 1, 2021 1:45 PM To: Jeffrey D. Coren Subject: I-Evolve v. Hickson Jeff: Mr. Hickson brought me a box this afternoon containing the documents he agreed to produce pursuant to your e-mail of July 28, 2021. To facilitate getting them to you this afternoon, I had him drive me to your office, and I left the box with your receptionist. 1 FILED: ERIE COUNTY CLERK 02/02/2022 07:45 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/02/2022 Because of these circumstances, I did not have the opportunity to provide you with a letter accompanying the documents, and I had no ability to mark the documents “Confidential”. However, please consider all of the documents in the box to marked “Confidential. The box contains his documents pertaining to items 1 and 4 of your e-mail of July 28, 2021. Mr. Hickson’s One Note file is electronic, and he is going to send me a link to that file shortly, which I will forward to you. This file contains his customers’ passwords and other highly confidential information and thus this file is hereby designated as “Attorneys’ Eyes Only”. 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 CONFIDENTIALITY NOTICE: This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to rclack@clackfirm.com or by telephone at 716-842-6230 and then delete the message and its attachments from your computer. Thank you. CIRCULAR 230 NOTICE: Any tax advice contained herein (including in any attachments) is not intended to be used, and cannot be used, to (i) avoid penalties that may be imposed on a taxpayer or (ii) to promote, market or recommended any tax-related matter. 2