Motion-Secondary: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM                                    INDEX NO. 60767/2018
NYSCEF DOC. NO. 1577                                                           RECEIVED NYSCEF: 03/15/2023




                                                                      Motion Sequence No. 23

          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF WESTCHESTER

                                                           Index No. 60767/2018
           PAMELA GOLDSTEIN,
           ELLYN & TONY BERK as Administrators             Hon. Linda S. Jamieson
           of the Estate of Winifred Berk, and PAUL
           BENJAMIN, on behalf of themselves and           DECLARATION OF JEREMY
           all others similarly situated,                  VEST IN SUPPORT OF CLASS
                               Plaintiffs,                 PLAINTIFFS’ MOTION TO
                                                           CONFIRM THE TWENTY-FIFTH
                 v.                                        REPORT AND
           HOULIHAN/LAWRENCE INC.,                         RECOMMENDATION
                               Defendant.


          STATE OF NEW YORK                       )
                                                  ) SS:
          COUNTY OF WESTCHESTER                   )

                JEREMY VEST, an attorney admitted to practice in the Courts of the State

          of New York, declares and states as follows:

                1.     I am a member in the law firm of Mintz, Levin, Cohn, Ferris, Glovsky,

          and Popeo, P.C. (“Mintz”) and Co-Class Counsel to Class Plaintiffs in Pamela

          Goldstein, Dr. Ellyn and Tony Berk, as administrators of the Estate of Winifred

          Berk, and Paul Benjamin v. Houlihan/Lawrence Inc., Index No. 60767/2018. I

          make this declaration in support of Class Plaintiffs’ Motion to Confirm the Twenty-

          Fifth Report and Recommendation. I have personal knowledge of the facts set forth

          in this declaration and, if called to testify about those facts, could and would do so

          competently under oath.

                2.     Attached as Exhibit 1 is a true and correct copy of Houlihan

          Lawrence’s Responses to Plaintiffs’ Requests for Production, dated April 11, 2022.




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FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM                                  INDEX NO. 60767/2018
NYSCEF DOC. NO. 1577                                                        RECEIVED NYSCEF: 03/15/2023




                3.     Attached as Exhibit 2 is a true and correct copy of a letter from Robert

          MacGill to William Harrington, dated May 12, 2022.

                4.     Attached as Exhibit 3 is a true and correct copy of a letter from Robert

          MacGill to Jeremy Vest and William Ohlemeyer, dated February 2, 2023.

                5.     Attached as Exhibit 4 is a true and correct copy of the Memorandum

          of Law in Support of Class Plaintiffs’ Motion for Sanctions, dated February 7, 2023.

                6.     Attached as Exhibit 5 is a true and correct copy of a letter from

          Jeremy Vest to William Harrington, dated February 8, 2023.

                7.     Attached as Exhibit 6 is a true and correct copy of a letter from Alfred

          Donnellan to William Harrington, dated February 15, 2023.

                8.     Attached as Exhibit 7 is a true and correct copy of the Memorandum

          of Law in Further Support of Class Plaintiffs’ Motion for Sanctions, dated February

          20, 2023.

          Dated: March 15, 2023
                 New York, New York


                                                              /s/ Jeremy Vest ____
                                                              Jeremy Vest




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FILED: WESTCHESTER COUNTY CLERK 03/15/2023 05:29 PM                                 INDEX NO. 60767/2018
NYSCEF DOC. NO. 1577                                                         RECEIVED NYSCEF: 03/15/2023




                                      Certificate of Counsel
                             Pursuant to Commercial Division Rule 17

                 I, Jeremy Vest, counsel for Plaintiffs, hereby certify, pursuant to Commercial
          Division Rule 17, that the word count for the foregoing document, excluding the
          caption, table of contents, table of authorities, and signature block, is 296 words.
          This document therefore complies with the rule, which limits briefs, memoranda,
          affirmations, and affidavits to 7,000 words. I certify that the word count Microsoft
          Word generated for this document is 296.

          Dated: March 15, 2023
                 New York, New York

                                                              /s/ Jeremy Vest
                                                              Jeremy Vest, Esq.




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