On July 14, 2018 a
Letter,Correspondence
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
Jeremy C. Vest 919 Third Avenue
212 692 6718 New York, NY 10022
jvest@mintz.com 212 935 3000
mintz.com
April 10, 2023
Via NYSCEF
Hon. Linda S. Jamieson
Supreme Court of the State of New York
Westchester County
111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 106010
Re: Goldstein et al. v. Houlihan/Lawrence Inc.,
No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.)
Dear Justice Jamieson:
Class Plaintiffs write to submit the attached proposed case management plan
for the Court’s consideration at tomorrow’s status conference.
The Court has previously recognized that this case is “dragging” and “going
on and on.” It still is. Discovery has been at a standstill since the last status
conference because Houlihan Lawrence contends that depositions should not begin
until the class opt-out period expires on May 10 and that they should then continue
for eight months, until December 11, so that it can depose 50 non-parties.
Houlihan Lawrence has now said that it needs testimony from no less than
100 sales agents, 200 absent class members, and 50 non-parties to defend its dual
agency policies and practices. Houlihan Lawrence’s need for 350 witnesses shows
that its agency training materials and standardized disclosures are as facially
defective as Class Plaintiffs’ pre-class certification expert found them to be.
The class notice said that the Court expects this case to go to trial this year.
Class Plaintiffs’ schedule shows that the Court need only enforce the Commercial
Division’s ten-deposition limitation to ensure that it does. 22 NYCRR § 202.70.11-d.
The parties need a sixth year of litigation only if the Court lets Houlihan Lawrence
inflate deposition discovery to 5x the size permitted by Rule 11-d.
Respectfully,
Jeremy Vest
BOSTON LONDON LOS ANGELES NEW YORK SAN DIEGO SAN FRANCISCO WASHINGTON
MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C.
Document Filed Date
April 10, 2023
Case Filing Date
July 14, 2018
Category
Commercial Division
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Jeremy C. Vest 919 Third Avenue 212 692 6718 New York, NY 10022 jvest@mintz.com 212 935 3000 mintz.com April 10, 2023 Via NYSCEF Hon. Linda S. Jamieson Supreme Court of the State of New York Westchester County 111 Dr. Martin Luther King, Jr. Blvd. White Plains, NY 106010 Re: Goldstein et al. v. Houlihan/Lawrence Inc., No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.) Dear Justice Jamieson: Class Plaintiffs write to submit the attached proposed case management plan for the Court’s consideration at tomorrow’s status conference. The Court has previously recognized that this case is “dragging” and “going on and on.” It still is. Discovery has been at a standstill since the last status conference because Houlihan Lawrence contends that depositions should not begin until the class opt-out period expires on May 10 and that they should then continue for eight months, until December 11, so that it can depose 50 non-parties. Houlihan Lawrence has now said that it needs testimony from no less than 100 sales agents, 200 absent class members, and 50 non-parties to defend its dual agency policies and practices. Houlihan Lawrence’s need for 350 witnesses shows that its agency training materials and standardized disclosures are as facially defective as Class Plaintiffs’ pre-class certification expert found them to be. The class notice said that the Court expects this case to go to trial this year. Class Plaintiffs’ schedule shows that the Court need only enforce the Commercial Division’s ten-deposition limitation to ensure that it does. 22 NYCRR § 202.70.11-d. The parties need a sixth year of litigation only if the Court lets Houlihan Lawrence inflate deposition discovery to 5x the size permitted by Rule 11-d. Respectfully, Jeremy Vest BOSTON LONDON LOS ANGELES NEW YORK SAN DIEGO SAN FRANCISCO WASHINGTON MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C.