Exhibit,Appendix: Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                FILED: WESTCHESTER COUNTY CLERK 04/19/2023 04:48 PM      INDEX NO. 60767/2018
NYSCEF DOC. NO. 1609                              RECEIVED NYSCEF: 04/19/2023




                       EXHIBIT A
FILED: WESTCHESTER COUNTY CLERK 04/19/2023 04:48 PM                                  INDEX NO. 60767/2018
NYSCEF DOC. NO. 1609                                                         RECEIVED NYSCEF: 04/19/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF WESTCHESTER

           PAMELA GOLDSTEIN,
           ELLYN & TONY BERK, as
           Administrators of the Estate of Winifred      Index No. 60767/2018
           Berk, and PAUL BENJAMIN, on behalf of
           themselves and all others similarly           Hon. Linda S. Jamieson
           situated,
                             Plaintiffs,                 [PROPOSED] ORDER OF
                                                         REFERENCE TO
                 v.                                      MEDIATION
           HOULIHAN/LAWRENCE INC.,
                             Defendant.

                WHEREAS, on April 11, 2023, the Court held a conference with the Parties

         to discuss a schedule for the completion of all pre-trial proceedings before an

         anticipated jury trial of this matter in December 2023;

               WHEREAS, the Parties agreed at the conference that they would benefit

         from a confidential alternative dispute resolution (“ADR”) process in which a

         neutral mediator helps them explore options for a mutually acceptable outcome;

               WHEREAS, the Commercial Division of the Supreme Court of the State of

         New York, County of Westchester (the “Commercial Division”) is committed to

         finding less costly and innovative ways of resolving matters, and therefore

         encourages the voluntary resolution of disputes through the use of ADR;

               NOW, it is hereby ORDERED that the Parties shall attempt in good faith to

         resolve this matter by confidential mediation in accordance with the following

         procedures:

               1.      Within fourteen (14) business days of the date of this Order, the
FILED: WESTCHESTER COUNTY CLERK 04/19/2023 04:48 PM                                     INDEX NO. 60767/2018
NYSCEF DOC. NO. 1609                                                            RECEIVED NYSCEF: 04/19/2023




          Parties shall confer and select a Mediator for the purpose of mediating a resolution

          of all or some of the issues presented in this matter.

                2.      The Parties shall work together to select a Mediator who is mutually

          acceptable. The Parties may choose a Mediator from the Commercial Division’s

          Roster of Mediators (the “Roster”) or may proceed to ADR using the good offices of a

          private ADR provider of their choosing; but in either instance the Parties must

          complete the ADR process within the deadlines set forth herein.

                3.      The Parties shall, before the expiration of such fourteen- (14)-

          business-day period, file with the Court a Mediator Selection Form indicating the

          identity of the Mediator. Parties should proceed with Mediator selection as

          expeditiously as possible so that if the first choice of Mediator has a conflict of

          interest or otherwise is unable to serve, the Parties then have sufficient time to

          choose an alternative Mediator within the time-frame set herein.

                4.      If the Parties are unable to agree on a Mediator, the Parties shall

          within the same fourteen (14) business days from the date of this Order, submit a

          joint letter to the Court with three (3) names from each Party without indicating

          who picked which Mediator. The Court will select a Mediator from among the six

          (6) names submitted by the Parties.

                5.      If either Party does not consent to the Mediator selected by the Court

          on the belief that there is a conflict of interest, a Party may submit a written

          request to the Court within five (5) days from the date of notification of the selected

          Mediator seeking the disqualification of the Mediator including the basis for



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FILED: WESTCHESTER COUNTY CLERK 04/19/2023 04:48 PM                                   INDEX NO. 60767/2018
NYSCEF DOC. NO. 1609                                                          RECEIVED NYSCEF: 04/19/2023




          disqualification. The Court may randomly select an alternative Mediator or deny

          the request.

                 6.      Where the Parties elect to mediate with a Mediator who is not on the

          Roster, the fee structure shall be as agreed to by the Parties. The Mediator’s fees

          and expenses shall be borne equally by the Parties.

                7.       The Parties shall initiate a conference call with the Mediator to

          confirm the Mediator’s acceptance of this case, select a meeting date for the initial

          session and make arrangements for any submissions to be forwarded to the

          Mediator.

                8.       The initial session with the Mediator must be held within thirty (30)

          days of the date the Mediator confirms acceptance of the case and the Mediation

          shall be completed within forty-five (45) days of the date of this Order, unless

          otherwise permitted by the Court. If the matter has not been entirely resolved

          within the 45-day period, but the Parties and the Mediator believe that it would be

          beneficial if the Mediation process were to continue, the process may go forward.

                9.       The Mediation sessions shall be confidential. All documents prepared

          by the Parties or their Counsel and any notes or other writing prepared by the

          Mediator in connection with the proceeding – as well as any communications made

          by the Parties or their Counsel for, during or in connection with mediation shall be

          kept confidential by the Mediator and the Parties and shall not be summarized,

          described, reported or submitted to the Court by the Mediator or the Parties.

                10.      No Party shall subpoena or otherwise seek to compel the Mediator to



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FILED: WESTCHESTER COUNTY CLERK 04/19/2023 04:48 PM                                 INDEX NO. 60767/2018
NYSCEF DOC. NO. 1609                                                        RECEIVED NYSCEF: 04/19/2023




          testify in any legal proceeding concerning the content of the Mediation. In the event

          that a Party seeks to compel such testimony, that Party shall hold the Mediator

          harmless against any resulting expenses, including reasonable legal fees incurred

          by the Mediator or reasonable sums lost by the Mediator in representing himself or

          herself in connection therewith.

                11.    Mediation sessions shall be deemed appearances before this Court.

          Failure of the Parties or their Counsel with knowledge of the matter who is

          prepared to engage in meaningful settlement discussions to appear or to appear on

          time may result in the imposition of sanctions.

                12.    Unless otherwise directed by the Court, the Parties’ participation in

          Mediation will not stay the Court proceedings in any respect.


          Dated: White Plains, New York
                 ____________ , 2023



          IT IS SO ORDERED


          __________________________________
          Hon. Linda S. Jamieson, J.S.C.




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