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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
  • 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 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 EXHIBIT 2 (REDACTED) FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 156 E. Market Street Suite 1200 Indianapolis, IN 46204 www.MacGillLaw.com Robert D. MacGill 317.906.5085 Robert.MacGill@MacGillLaw.com Via Email August 18, 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: In House Bonus Records (16th R&R page 12) Dear Counsel, We write regarding your requests for documents sufficient to show agents on Houlihan Lawrence’s 50/50 and in house bonus plans during the class period. The lists of associates who at some point had a 50/50 plus bonus or IHB compensation plan applied were identified through data originating from the Company’s ProfitPower system. Agents were identified by reviewing the commission plan applied to listing or selling agents on transactions recorded as a residential, closed, sales transaction for which the Company represented both sides. The transaction close date was between 1/1/2011 and 7/14/2018 and had a zip code or city value in Dutchess, Putnam, or Westchester County. The zip code and city values were mapped to counties using USPS data. The lists include those agents that had a recorded 50/50 plus bonus or IHB compensation plan that was automatically applied.1 The 50/50 plus bonus plan was recorded as ‘Standard 50/50 Plan’. IHB plans were identified as those plans for which the associate’s percentage of commission received was higher if a transaction took place with an in-house associate compared to an outside brokerage. 1 “Manual overrides” were evaluated and accounted for to the extent possible at this time. Please recall that sales agents’ compensation plans are individually negotiated, can change over time, and can vary from transaction to transaction. You cannot take this list and make the general assumption that every transaction by every agent on this list involved an in house bonus. Such investigation requires individual inquiry into each transaction using at least data and documents. FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 Jeremy Vest William Ohlemeyer August 18, 2022 Page 2 The lists are distinct lists of associate names. Associates may have had the compensation plan(s) in question applied on one or more than one transaction(s) during the time period within the parameters described above. Additionally, those associates who had a 50/50 plus bonus compensation plan may be included in both lists of associates. We designate the lists HIGHLY CONFIDENTIAL under the Protective Order. Best regards. Very truly yours, Robert D. MacGill cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. 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NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. 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NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023 FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1504 RECEIVED NYSCEF: 01/03/2023