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 03/15/2023 05:29 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023
EXHIBIT 2
FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023
MacGill,c
156 E. Market St.
Suite 1200
Indianapolis, IN 46204
www.MacGilliaw.com
Robert D. MacGill
317-961-5085
Robert.MacGill@MacGilliaw.com
Via Email
May 12, 2022
William P. Harrington, Esq.
Bleakley Platt & Schmidt, LLP
One North Lexington Avenue
White Plains, NY 10601
RE: Goldstein et al. v. HoulihanLawrence,Inc. No. 60767/2018 (N.Y. Sup. Ct.,
Westchester Cty.)
Dear Bill:
We write to propose a schedule and protocol for narrowing and resolving the discovery
parties' Plaintiffs'
issues currently pending based on the submissions. The May 6 letter to you
raised a litany of new issues. The issues raised implicate the due process rights of Houlihan
Lawrence and seek to impose discovery burdens that are (1) not possible to achieve, (2) not
proportionate to the pending issues, and (3) not justified or equitable.
Plaintiffs'
New Issues and Requests in May 6, 2022 Correspondence
Plaintiffs'
May 6 letter raised not only new issues but also submitted a number of new
requests. Houlihan Lawrence has identified the following issues and requests as being raised or
submitted for the first time:
1. Request for entry of a global December 31, 2022 discovery cutoff, now including expert
discovery (Vest to Harrington, May 6, 2022, at 1);
2. Request for an emergency Order instructing Houlihan Lawrence "to produce the first half
17"
of its transaction files by May (Id. at 1-2);
3. Request for an Order instructing Houlihan Lawrence to, within 21 days of the Court's
confirmation of your forthcoming Report and Recommendation, complete its document
Plaintiffs'
production in response to Third Request for Production of Documents (Id. at
2);
4. Request for an emergency Order instructing Houlihan Lawrence to, within three (3) days,
"produce . . . a spreadsheet identifying by property address every transaction on the MLS
List that it omitted from the Profit Power List and a short, plain statement for each
Class"
omitted transaction explaining why HL considers it to be outside of the (Id. at 3-
4);
FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023
William P. Harrington, Esq.
May 12, 2022
Page 2
Plaintiffs'
5. new demand for at least twenty-two (22) depositions and the of the
identity
deponents (Id. at 9-10);
6. Request for an Order instructing Houlihan Lawrence to "produce term-by-term hit
counts, for each portion of each custodian's custodial file, along with its document
production"
( Id. at 12);
7. Request for an Order instructing Houlihan Lawrence to "produce a [Transaction Detail
Sheet] for transaction whose file does not include a TDS- at the same time its
any of
fite"
production of the associated transaction (Id. at 13 (emphasis in original)), or, in the
[Plaintiffs'
alternative, "[p]utting the TDS and transaction files on proposed] late June
schedule"
production (Id. at 14);
8. Request for an emergency Order instructing Houlihan Lawrence to "immediate[ly]
records,"
produc[e] .. . In-House Bonus payment and eligibility ( Id. at 15);
recollection"
9. Request for an in camera conference with you to "share [Plaintiffs'] of Ms.
Berk's notes that Plaintiffs reveal were destroyed in September 2021 (Id. at 21).
Proposed Schedule and Protocol for Swift Resolution of Discovery Issues
Houlihan Lawrence requires an opportunity to fully respond to the new issues raised with
appropriate documentation of the case proceedings to date and controlling procedural and
substantive law. Based on these circumstances, Houlihan Lawrence proposes the following
protocol to litigate the pending disputes:
1. Houlihan Lawrence will submit responsive correspondence on May 19, 2022;
2. Each party shall propose no more than five (5) issues (among the pending disputes) on
which they wish to present oral argument no later than May 23, 2022;
parties'
3. The Discovery Referee shall review the proposed issues for oral argument and
designate the issues to be addressed in oral argument by June 3, 2022;
4. The parties shall present oral argument to the Discovery Referee pursuant to the oral
argument agenda on June 10, 2022.
* * *
Houlihan Lawrence believes the foregoing schedule and protocol will provide you and
the parties with the opportunity to expeditiously resolve the discovery issues currently pending
before you.
Thank you for your time and attention in addressing these important matters.
MacGillec
FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023
William P. Harrington, Esq.
May 12, 2022
Page 3
Best regards.
Very truly yours,
Robert D. MacGill
cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara, Alexander Pantos, William Ohlemeyer,
Jeremy Vest
MacGill PC
Document Filed Date
March 15, 2023
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023 EXHIBIT 2 FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023 MacGill,c 156 E. Market St. Suite 1200 Indianapolis, IN 46204 www.MacGilliaw.com Robert D. MacGill 317-961-5085 Robert.MacGill@MacGilliaw.com Via Email May 12, 2022 William P. Harrington, Esq. Bleakley Platt & Schmidt, LLP One North Lexington Avenue White Plains, NY 10601 RE: Goldstein et al. v. HoulihanLawrence,Inc. No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.) Dear Bill: We write to propose a schedule and protocol for narrowing and resolving the discovery parties' Plaintiffs' issues currently pending based on the submissions. The May 6 letter to you raised a litany of new issues. The issues raised implicate the due process rights of Houlihan Lawrence and seek to impose discovery burdens that are (1) not possible to achieve, (2) not proportionate to the pending issues, and (3) not justified or equitable. Plaintiffs' New Issues and Requests in May 6, 2022 Correspondence Plaintiffs' May 6 letter raised not only new issues but also submitted a number of new requests. Houlihan Lawrence has identified the following issues and requests as being raised or submitted for the first time: 1. Request for entry of a global December 31, 2022 discovery cutoff, now including expert discovery (Vest to Harrington, May 6, 2022, at 1); 2. Request for an emergency Order instructing Houlihan Lawrence "to produce the first half 17" of its transaction files by May (Id. at 1-2); 3. Request for an Order instructing Houlihan Lawrence to, within 21 days of the Court's confirmation of your forthcoming Report and Recommendation, complete its document Plaintiffs' production in response to Third Request for Production of Documents (Id. at 2); 4. Request for an emergency Order instructing Houlihan Lawrence to, within three (3) days, "produce . . . a spreadsheet identifying by property address every transaction on the MLS List that it omitted from the Profit Power List and a short, plain statement for each Class" omitted transaction explaining why HL considers it to be outside of the (Id. at 3- 4); FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023 William P. Harrington, Esq. May 12, 2022 Page 2 Plaintiffs' 5. new demand for at least twenty-two (22) depositions and the of the identity deponents (Id. at 9-10); 6. Request for an Order instructing Houlihan Lawrence to "produce term-by-term hit counts, for each portion of each custodian's custodial file, along with its document production" ( Id. at 12); 7. Request for an Order instructing Houlihan Lawrence to "produce a [Transaction Detail Sheet] for transaction whose file does not include a TDS- at the same time its any of fite" production of the associated transaction (Id. at 13 (emphasis in original)), or, in the [Plaintiffs' alternative, "[p]utting the TDS and transaction files on proposed] late June schedule" production (Id. at 14); 8. Request for an emergency Order instructing Houlihan Lawrence to "immediate[ly] records," produc[e] .. . In-House Bonus payment and eligibility ( Id. at 15); recollection" 9. Request for an in camera conference with you to "share [Plaintiffs'] of Ms. Berk's notes that Plaintiffs reveal were destroyed in September 2021 (Id. at 21). Proposed Schedule and Protocol for Swift Resolution of Discovery Issues Houlihan Lawrence requires an opportunity to fully respond to the new issues raised with appropriate documentation of the case proceedings to date and controlling procedural and substantive law. Based on these circumstances, Houlihan Lawrence proposes the following protocol to litigate the pending disputes: 1. Houlihan Lawrence will submit responsive correspondence on May 19, 2022; 2. Each party shall propose no more than five (5) issues (among the pending disputes) on which they wish to present oral argument no later than May 23, 2022; parties' 3. The Discovery Referee shall review the proposed issues for oral argument and designate the issues to be addressed in oral argument by June 3, 2022; 4. The parties shall present oral argument to the Discovery Referee pursuant to the oral argument agenda on June 10, 2022. * * * Houlihan Lawrence believes the foregoing schedule and protocol will provide you and the parties with the opportunity to expeditiously resolve the discovery issues currently pending before you. Thank you for your time and attention in addressing these important matters. MacGillec FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1579 RECEIVED NYSCEF: 03/15/2023 William P. Harrington, Esq. May 12, 2022 Page 3 Best regards. Very truly yours, Robert D. MacGill cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara, Alexander Pantos, William Ohlemeyer, Jeremy Vest MacGill PC