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 11/08/2022 03:55 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/08/2022
EXHIBIT G
FILED: ERIE COUNTY CLERK 11/08/2022 03:55 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/08/2022
Richard Clack
From: Richard Clack
Sent: Tuesday, July 12,2022 3:51 PM
Coren'
To: 'JeffreyD.
Subject: RE: I-Evolve v. Hickson - Notice of Subpoenas
Jeff:
Your subpoenas are way too broad. Among other things, they callfor production of documents for a period extending
from four and a half years before Hickson was terminated by IEvolve up through the present, which is three years after
his termination. What rightdoes IEvolve have to subpoena Hickson's customers for everything they are doing with him
"all" "all"
today? Four and a half years before your clientfires him? Texts? Requests for of this and of that? Chiampou,
for example, has 160 employees.
I was contacted by Council Financial's attorney, and I expect to be contacted by Chiampou's attorney. Council
Financial's attorney believes the subpoena is way off base.
Ifwe cannot agree to a reasonable scope of production for the two customers, we will be moving to quash. Also, the
customers willlikely be looking for IEvolve to pay for them to have an IT company search for and produce the items you
have requested. They don't have to bear these costs.
Dick
Richard A. Clack, Esq.
LAW OFFICES OF RICHARD A. CI.ACK
750 Cathedral Park Tower
37 Franklin Street
Buffalo, New York 14202
Telephone: (716) 842-6230
E-mail: rclack@clackfirm.com
From: Jeffrey D. Coren
Sent: Friday, July 8, 2022 12:16 PM
To: Richard Clack
Cc: David J. McNamara
Subject: I-Evolve v. Hickson - Notice of Subpoenas
Dick,
Please take notice that I-Evolve has served the attached subpoenas.
Thanks,
Jeff
Jeffrey D. Coren
Senior Associate
Phillips LytleL1P
1
FILED: ERIE COUNTY CLERK 11/08/2022 03:55 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/08/2022
One Canalside
125 Main Street
Buffalo, NY 14203-2887
Phone 716 847 7024
Fax 716 852 6100
JCoren@phillipsivtle.com
www.ohillipslytle.com
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This electronictransmissionand any attachments heretoare intended only fortheuse of theindividualor entitytowhich it is addressedand
may contain information
confidential belonging to thesender which is protected
by the privilege.
attorney-client Ifyou have reason to believe
that you are notthe intended you
recipient, are hereby notifiedthatany disclosure,copying,distributionorthe takingof any actionin
relianceon the contents ofthiselectronictransmissionis strictly
prohibited.Ifyou have reason tobelievethat you have received this
transmission please
in error, notifyimmediately by returne-mail and delete and destroythiscommunication.
WARNING: E-mailcommunications cannot be guaranteed to be timely,secure,error-freeor virus-free.
The recipientof thiscommunication
should check thise-mail and each attachment forthe presence of viruses.The sender does notaccept any for
liability any errorsor omissions
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Document Filed Date
November 08, 2022
Case Filing Date
March 18, 2020
Category
Commercial Division
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FILED: ERIE COUNTY CLERK 11/08/2022 03:55 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/08/2022 EXHIBIT G FILED: ERIE COUNTY CLERK 11/08/2022 03:55 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/08/2022 Richard Clack From: Richard Clack Sent: Tuesday, July 12,2022 3:51 PM Coren' To: 'JeffreyD. Subject: RE: I-Evolve v. Hickson - Notice of Subpoenas Jeff: Your subpoenas are way too broad. Among other things, they callfor production of documents for a period extending from four and a half years before Hickson was terminated by IEvolve up through the present, which is three years after his termination. What rightdoes IEvolve have to subpoena Hickson's customers for everything they are doing with him "all" "all" today? Four and a half years before your clientfires him? Texts? Requests for of this and of that? Chiampou, for example, has 160 employees. I was contacted by Council Financial's attorney, and I expect to be contacted by Chiampou's attorney. Council Financial's attorney believes the subpoena is way off base. Ifwe cannot agree to a reasonable scope of production for the two customers, we will be moving to quash. Also, the customers willlikely be looking for IEvolve to pay for them to have an IT company search for and produce the items you have requested. They don't have to bear these costs. Dick Richard A. Clack, Esq. LAW OFFICES OF RICHARD A. CI.ACK 750 Cathedral Park Tower 37 Franklin Street Buffalo, New York 14202 Telephone: (716) 842-6230 E-mail: rclack@clackfirm.com From: Jeffrey D. Coren Sent: Friday, July 8, 2022 12:16 PM To: Richard Clack Cc: David J. McNamara Subject: I-Evolve v. Hickson - Notice of Subpoenas Dick, Please take notice that I-Evolve has served the attached subpoenas. Thanks, Jeff Jeffrey D. Coren Senior Associate Phillips LytleL1P 1 FILED: ERIE COUNTY CLERK 11/08/2022 03:55 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/08/2022 One Canalside 125 Main Street Buffalo, NY 14203-2887 Phone 716 847 7024 Fax 716 852 6100 JCoren@phillipsivtle.com www.ohillipslytle.com Download vCard Nk hedoreyoupinimdà woolice This electronictransmissionand any attachments heretoare intended only fortheuse of theindividualor entitytowhich it is addressedand may contain information confidential belonging to thesender which is protected by the privilege. attorney-client Ifyou have reason to believe that you are notthe intended you recipient, are hereby notifiedthatany disclosure,copying,distributionorthe takingof any actionin relianceon the contents ofthiselectronictransmissionis strictly prohibited.Ifyou have reason tobelievethat you have received this transmission please in error, notifyimmediately by returne-mail and delete and destroythiscommunication. WARNING: E-mailcommunications cannot be guaranteed to be timely,secure,error-freeor virus-free. The recipientof thiscommunication should check thise-mail and each attachment forthe presence of viruses.The sender does notaccept any for liability any errorsor omissions in thecontent of this communication electronic which arisesas a resultofe-mail transmission. 2