Letter,Correspondence: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                DELBELLO DONNELLAN WEINGARTEN
                              WISE & WIEDERKEHR, LLP
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                                               February 7, 2023

       VIANYSCEF
       Hon. Linda S. Jamieson
       Westchester County Supreme Court
       111 Dr. Martin Luther King, Jr. Blvd.
       White Plains, New York 10601

       William P. Harrington, Esq.
       Bleakley Platt & Schmidt, LLP
       One North Lexington A venue
       White Plains, New York 10601

                  Re:   Goldstein, et al. v. Houlihan Lawrence, Inc.
                        Westchester County Supreme Court Index No. 60767/2018

       Dear Justice Jamieson and Referee Harrington:

              We have reviewed Plaintiffs' letter requesting leave to file a motion for sanctions. As a
       preliminary matter, Houlihan Lawrence agrees that a referral to the Discovery Referee of the
       issue of whether Plaintiffs may file a motion for sanctions is appropriate.

              Plaintiffs' proposed motion for sanctions is not supported or supportable. On December
       22, 2022, Houlihan Lawrence produced more than what was contemplated or required by the
       Twenty-Second Report and Recommendation: Houlihan Lawrence produced the actual
       structured data for the class counties and dates as it is maintained in the ordinary course of
       business, reflecting all available ordinary-course data for these transactions. Ex. A.

               This production occurred three days after the Twenty-Second Report and
        Recommendation. Id. The Twenty-Second Report and Recommendation counsels: "HLI
        concedes that In-House Bonus Payment information is available from HLl's internal database
        which is maintained in the ordinary course of HLI's business." NYSCEF 1496 at 3. Houlihan
        Lawrence, in tum, produced that internal data to Plaintiffs. Ex. A.

               There is no ordinary-course data to produce other than what is reflected in Ex. A. The
        only data available for the Class transactions is what has been produced.




        1647803
        31000113-000
Hon. Linda S. Jamieson
Westchester County Supreme Court
Page2

        Houlihan Lawrence can provide affidavit(s) confirming this reality. Houlihan Lawrence
respectfully requests at least seven (7) days to secure these affidavit(s) and prepare appropriate
responses for the Discovery Referee.




Enclosure

cc:      Jeremy Vest, Esq. (By NYSCEF)
         William S. Ohlemeyer, Esq. (By NYSCEF)




1647803
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