On July 14, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1548 RECEIVED NYSCEF: 02/22/2023
EXHIBIT 1
FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1548 RECEIVED NYSCEF: 02/22/2023
156 E. Market Street
Suite 1200
Indianapolis, IN 46204
www.MacGillLaw.com
Robert D. MacGill
317.906.5085
Robert.MacGill@MacGillLaw.com
Via Email
March 21, 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: Houlihan Lawrence’s First Merits Discovery Requests
Dear Counsel,
Please find enclosed Houlihan Lawrence’s First Merits Interrogatories and First Merits
Requests for Production. In addition to the enclosed written discovery requests, Houlihan
Lawrence notifies you that it will depose at least the following entities for merits purposes:
1. Pamela Goldstein;
2. Tony Berk;
3. Ellyn Berk;
4. Paul Benjamin;
5. The Estate of Winifred Berk;
6. Thomas Cusack;
7. A statistically representative sample of class members, which we currently estimate to
number at least two hundred (200);
8. Muslim Lika;
9. Sharleen Fleming;
10. Houlihan Lawrence personnel and/or independent contractors;
11. All expert witnesses;
FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1548 RECEIVED NYSCEF: 02/22/2023
Jeremy Vest
William Ohlemeyer
March 21, 2022
Page 2
12. Individuals listed on Plaintiffs’ discovery responses or document productions, on any
party’s witness list, or identified in any document filed with the Court in this case;
13. Third party witnesses;
14. Records custodians; and
15. Any other individual identified during the course of discovery.
As always, Houlihan Lawrence reserves the right to produce its own information and
documents and present its own witnesses in its defense, without regard to whether such
information, documents, or witnesses are listed in today’s discovery requests.
This is a preliminary list only, and it is provided only to facilitate resolution of initial
discovery disputes. Houlihan Lawrence will add additional individuals and entities to this list as
appropriate. This is not a witness list, and it will not limit Houlihan Lawrence’s ability to put on
evidence.
Best regards.
Very truly yours,
Robert D. MacGill
cc, with enclosures:
William Harrington, Matthew Ciulla, Alfred Donnellan, Nelida Lara, Alexander Pantos
Document Filed Date
February 22, 2023
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1548 RECEIVED NYSCEF: 02/22/2023 EXHIBIT 1 FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1548 RECEIVED NYSCEF: 02/22/2023 156 E. Market Street Suite 1200 Indianapolis, IN 46204 www.MacGillLaw.com Robert D. MacGill 317.906.5085 Robert.MacGill@MacGillLaw.com Via Email March 21, 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: Houlihan Lawrence’s First Merits Discovery Requests Dear Counsel, Please find enclosed Houlihan Lawrence’s First Merits Interrogatories and First Merits Requests for Production. In addition to the enclosed written discovery requests, Houlihan Lawrence notifies you that it will depose at least the following entities for merits purposes: 1. Pamela Goldstein; 2. Tony Berk; 3. Ellyn Berk; 4. Paul Benjamin; 5. The Estate of Winifred Berk; 6. Thomas Cusack; 7. A statistically representative sample of class members, which we currently estimate to number at least two hundred (200); 8. Muslim Lika; 9. Sharleen Fleming; 10. Houlihan Lawrence personnel and/or independent contractors; 11. All expert witnesses; FILED: WESTCHESTER COUNTY CLERK 02/22/2023 12:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1548 RECEIVED NYSCEF: 02/22/2023 Jeremy Vest William Ohlemeyer March 21, 2022 Page 2 12. Individuals listed on Plaintiffs’ discovery responses or document productions, on any party’s witness list, or identified in any document filed with the Court in this case; 13. Third party witnesses; 14. Records custodians; and 15. Any other individual identified during the course of discovery. As always, Houlihan Lawrence reserves the right to produce its own information and documents and present its own witnesses in its defense, without regard to whether such information, documents, or witnesses are listed in today’s discovery requests. This is a preliminary list only, and it is provided only to facilitate resolution of initial discovery disputes. Houlihan Lawrence will add additional individuals and entities to this list as appropriate. This is not a witness list, and it will not limit Houlihan Lawrence’s ability to put on evidence. Best regards. Very truly yours, Robert D. MacGill cc, with enclosures: William Harrington, Matthew Ciulla, Alfred Donnellan, Nelida Lara, Alexander Pantos