Preview
iD: YORK PK WV INDEX NO. 156852/2020
OUN 0:0
NYSCEF BOC. NO. 63 RECEIVED NYSCEF: 05/03/2023
Exhibit P
INDEX NO. 156852/2020
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/03/2023
Message
From: Kappelman, Lynn [/O=SEYFARTH/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=LKAPPELMAN]
Sent: 10/28/2020 3:19:16 PM
To: Ravi Sattiraju [rsattiraju@s-tlawfirm.com]
ce: DiNapoli, John [/o=Seyfarth/ou=First Administrative Group/cn=Recipients/cn=JDiNapoli]; dscher@blockotoole.com;
Nancy Erika Smith [nsmith@smithmullin.com]
Subject: Re: Gray v SMBC, Index No.: 156852-2020
Ravi- John and I are available between 10 and 3 on Monday. Please pick a time which is convenient for
your team and send John and me an invitation. Thanks. You will not need to serve your discover’
requests, and deposi jon notices again and we will docket them as served on the day of our call Cif that
works for ou). we will ask for priority for the Plaintiff’s deposition So that we can take that
deposition first. Talk Monday!
Lynn A. Kappelman; Seyfarth Shaw LLP; work 617-946-4888; cell 617-699-3490
Lynn A. Kappelman | Partner
Boston | Ext: 724888 (+1-617-946-4888) | Mobile: +1-617-699-3490
Tkappelman@seyfarth.com
On Oct 28, 2020, at 11:07 AM, Ravi Sattiraju wrote:
[—ExT. sender]
Tomorrow and Friday don’t work for us.
Can you suggest some times on Monday or Tuesday?
we'll have your Answer by then, which will be helpful for our call.
> Finally, please confirm that our discovery requests and deposition notices will be considered served at
the time you file your Answer. we shouldn't have to go through the tedium of serving them again that
day, which we don’t think is even necessary under the CPLR.
> Ravi
an--- Original Message a----
From: Kappelman, Lynn
Sent: Wednesday, October 28, 2020 10:39 AM
To: Ravi Sattiraju
Cc: DiNapoli, John ; dscher@blockotoole.com; Nancy Erika smith
> Subject: Re: Gray v SMBC, Index No.: 156852-2020
3 I do apologize. John is filing our Answer and we had hoped to send that along with the notice of
Plaintiff’s deposition to you before we had our chat. It is taking longer than I had expected to get
that done. Can you propose some times tomorrow and Friday for a chat and I will check my schedule?
>
>
> Lynn A. Kappelman; Seyfarth Shaw LLP; work 617-946-4888; cell 617-699-3490
>
3 Lynn A. Kappelman | Partner | Seyfarth Shaw LLP Seaport East | Two Seaport Lane, Suite 300 | Boston,
Massachusetts 02210-2028
> Direct: +1-617-946-4888 | Mobile: +1-617-699-3490 | Fax: +1-617-790-5360 Labor & Employment Team of the
Year - Chambers USA 2015 Ikappelman@seyfarth.com | www.seyfarth.com
>
>
eae---------------------------------
3 The information contained in this transmission is attorney privileged and/or confidential information
intended for the use of the individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this
communication is strictly prohibited.
wee een ee
3 On Oct 28, 2020, at 10:36 AM, Ravi Sattiraju wrote:
3 [ExT. Sender]
INDEX NO. 156852/2020
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/03/2023
>>
>> Lynn,
>>
> We never heard from you on dates. Please get back to us at your earliest convenience.
>>
> Ravi
>
>> a----| Original Message anne
>> From: Kappelman, Lynn
>> Sent: Monday, October 26, 2020 12:38 PM
>> To: Ravi Sattiraju
> Cc: DiNapoli, John ; dscher@blockotoole.com;
>> Nancy Erika Smith
> Subject: Re: Gray v SMBC, Index No.: 156852-2020
>
>> Ravi- we will check Calendars and get right back to you. I was remiss in not making clear that our
witnesses will not be permitted to attend depositions in person right now during the pandemic so I assume
you are okay taking your depositions by videoconference? We are happy to take Plaintiff by
videoconference and will likely use the Veritext platform For that one since I am most comfortable with
that one for depositions.
>>
>
> Lynn A. Kappelman; Seyfarth Shaw LLP; work 617-946-4888; cell
>> 617-699-3490
>>
>> On Oct 26, 2020, at 12:34 PM, Ravi Sattiraju wrote:
>>
>>
>>
> [ExT. Sender]
> Lynn and John,
>>
> Please let us know when you are available for a conference regarding a discovery schedule. We are
generally around.
>>
>> Ravi
>>
>> Ravi Sattiraju, Esq.
> Sattiraju & tharney, LLP
> 50 Millstone Road
> Building 300, Suite 202
>> East Windsor, NJ 08520
> office: (609) 469-2110
>> Direct Dial: (609) 469-2112
>> Mobile: 609) 235-5731
> Email: rsattiraju@s-tlawfirm.com
>>
> IRS CIRCULAR 230 DISCLOSURE:
> To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax
advice contained in this communication (including any attachments) is not intended or written to be used,
and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or matter addressed herein.
>>
>> CONFIDENTIALITY NOTICE: This e-mail contains information that is privileged and confidential and
subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. You are
prohibited from copying, distributing or otherwise using this information if you are not the intended
recipient. If you have received this e-mail in error, please notify us immediately by return e-mail and
delete this e-mail and all attachments from your system. Thank you.
>
> From: DiNapoli, John
>> Sent: Thursday, October 22, 2020 4:51 PM
> To: Carol Stenger ; Kappelman, Lynn
>>
>> cc: dscher@blockotoole.com; Nancy Erika Smith
> ; Ravi Sattiraju
>> Subject: RE: Gray v SMBC, Index No.: 156852-2020
>
> Ms. Stenger,
>>
> We are in receipt of Plaintiff's notices of deposition and discovery requests We write to object to
the service of Plaintiff’s deposition notices and interrogatories as improper at this time. See CPLR
3106 (“Leave of the court, granted on motion, shall be obtained if notice of the taking of the deposition
of a party is served by the plaintiff before that party's time for serving a responsive pleading has
expired.”); CPLR 3132 (“Interrogatories may not be served upon a defendant before that defendant's time
for serving a responsive pleading has expired, except by leave of court granted with or without
notice.”) Accordingly, we will not be responding at this time and will be serving our notice of
Plaintiff’s deposition upon serving our answer as the rules allow.
>
INDEX NO. 156852/2020
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/03/2023
>> Our systems and getting back up and running. We are generally available next week to discuss a
discovery schedule that is acceptable to both parties. Please let us know the availability of
Plaintiff’s counsel and will and circulate a dial-in number to discuss. Thank you.
>
>>
>
>
>> John DiNapoli | Associate | Seyfarth Shaw LLP
>> 620 Eighth Avenue | New York, New York 10018-1405
>> Direct: +1-212-218-3355 | Fax: +1-917-344-1187
>> jdinapoli@seyfarth.com |
> www. seyfarth.com
>> [https://ww.seyfarth.com/dir_docs/publications/Seyfarth_Logo_Signatur
> e. png.
>
>>
> The information contained in this transmission is attorney privileged and/or confidential information
intended for the use of the individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this
communication is strictly prohibited.
>>
> From: Carol Stenger
> >
>> Sent: Tuesday, October 6, 2020 12:40 PM
>> To: DiNapoli, John
>> >; Kappelman,
>> Lynn >
>> Cc: dscher@blockotoole.com; Nancy Erika
>> Smith >; Ravi
> Sattiraju
> >
>> Subject: Gray v SMBC, Index No.: 156852-2020
>
>>
>> (EXT. Sender]
>> Counsel,
>>
>> On behalf of Ravi Sattiraju, please see attached cover letter and deposition notices in the above
captioned matter. For your convenience, a hard copy will also be sent via regular mail.
>
> Thank you for your attention to this matter
>>
> carol Stenger
>> SATTIRAJU & THARNEY, LLP
>> 50 Millstone Road
> Building 300, Suite 202
>> East Windsor, NJ 08520
> Office: (609) 469-2110
> Direct Dial (609) 469-2118
>>
>
>
Preview
iD: YORK PK WV INDEX NO. 156852/2020 OUN 0:0 NYSCEF BOC. NO. 63 RECEIVED NYSCEF: 05/03/2023 Exhibit P INDEX NO. 156852/2020 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/03/2023 Message From: Kappelman, Lynn [/O=SEYFARTH/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=LKAPPELMAN] Sent: 10/28/2020 3:19:16 PM To: Ravi Sattiraju [rsattiraju@s-tlawfirm.com] ce: DiNapoli, John [/o=Seyfarth/ou=First Administrative Group/cn=Recipients/cn=JDiNapoli]; dscher@blockotoole.com; Nancy Erika Smith [nsmith@smithmullin.com] Subject: Re: Gray v SMBC, Index No.: 156852-2020 Ravi- John and I are available between 10 and 3 on Monday. Please pick a time which is convenient for your team and send John and me an invitation. Thanks. You will not need to serve your discover’ requests, and deposi jon notices again and we will docket them as served on the day of our call Cif that works for ou). we will ask for priority for the Plaintiff’s deposition So that we can take that deposition first. Talk Monday! Lynn A. Kappelman; Seyfarth Shaw LLP; work 617-946-4888; cell 617-699-3490 Lynn A. Kappelman | Partner Boston | Ext: 724888 (+1-617-946-4888) | Mobile: +1-617-699-3490 Tkappelman@seyfarth.com On Oct 28, 2020, at 11:07 AM, Ravi Sattiraju wrote: [—ExT. sender] Tomorrow and Friday don’t work for us. Can you suggest some times on Monday or Tuesday? we'll have your Answer by then, which will be helpful for our call. > Finally, please confirm that our discovery requests and deposition notices will be considered served at the time you file your Answer. we shouldn't have to go through the tedium of serving them again that day, which we don’t think is even necessary under the CPLR. > Ravi an--- Original Message a---- From: Kappelman, Lynn Sent: Wednesday, October 28, 2020 10:39 AM To: Ravi Sattiraju Cc: DiNapoli, John ; dscher@blockotoole.com; Nancy Erika smith > Subject: Re: Gray v SMBC, Index No.: 156852-2020 3 I do apologize. John is filing our Answer and we had hoped to send that along with the notice of Plaintiff’s deposition to you before we had our chat. It is taking longer than I had expected to get that done. Can you propose some times tomorrow and Friday for a chat and I will check my schedule? > > > Lynn A. Kappelman; Seyfarth Shaw LLP; work 617-946-4888; cell 617-699-3490 > 3 Lynn A. Kappelman | Partner | Seyfarth Shaw LLP Seaport East | Two Seaport Lane, Suite 300 | Boston, Massachusetts 02210-2028 > Direct: +1-617-946-4888 | Mobile: +1-617-699-3490 | Fax: +1-617-790-5360 Labor & Employment Team of the Year - Chambers USA 2015 Ikappelman@seyfarth.com | www.seyfarth.com > > eae--------------------------------- 3 The information contained in this transmission is attorney privileged and/or confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. wee een ee 3 On Oct 28, 2020, at 10:36 AM, Ravi Sattiraju wrote: 3 [ExT. Sender] INDEX NO. 156852/2020 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/03/2023 >> >> Lynn, >> > We never heard from you on dates. Please get back to us at your earliest convenience. >> > Ravi > >> a----| Original Message anne >> From: Kappelman, Lynn >> Sent: Monday, October 26, 2020 12:38 PM >> To: Ravi Sattiraju > Cc: DiNapoli, John ; dscher@blockotoole.com; >> Nancy Erika Smith > Subject: Re: Gray v SMBC, Index No.: 156852-2020 > >> Ravi- we will check Calendars and get right back to you. I was remiss in not making clear that our witnesses will not be permitted to attend depositions in person right now during the pandemic so I assume you are okay taking your depositions by videoconference? We are happy to take Plaintiff by videoconference and will likely use the Veritext platform For that one since I am most comfortable with that one for depositions. >> > > Lynn A. Kappelman; Seyfarth Shaw LLP; work 617-946-4888; cell >> 617-699-3490 >> >> On Oct 26, 2020, at 12:34 PM, Ravi Sattiraju wrote: >> >> >> > [ExT. Sender] > Lynn and John, >> > Please let us know when you are available for a conference regarding a discovery schedule. We are generally around. >> >> Ravi >> >> Ravi Sattiraju, Esq. > Sattiraju & tharney, LLP > 50 Millstone Road > Building 300, Suite 202 >> East Windsor, NJ 08520 > office: (609) 469-2110 >> Direct Dial: (609) 469-2112 >> Mobile: 609) 235-5731 > Email: rsattiraju@s-tlawfirm.com >> > IRS CIRCULAR 230 DISCLOSURE: > To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. >> >> CONFIDENTIALITY NOTICE: This e-mail contains information that is privileged and confidential and subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. You are prohibited from copying, distributing or otherwise using this information if you are not the intended recipient. If you have received this e-mail in error, please notify us immediately by return e-mail and delete this e-mail and all attachments from your system. Thank you. > > From: DiNapoli, John >> Sent: Thursday, October 22, 2020 4:51 PM > To: Carol Stenger ; Kappelman, Lynn >> >> cc: dscher@blockotoole.com; Nancy Erika Smith > ; Ravi Sattiraju >> Subject: RE: Gray v SMBC, Index No.: 156852-2020 > > Ms. Stenger, >> > We are in receipt of Plaintiff's notices of deposition and discovery requests We write to object to the service of Plaintiff’s deposition notices and interrogatories as improper at this time. See CPLR 3106 (“Leave of the court, granted on motion, shall be obtained if notice of the taking of the deposition of a party is served by the plaintiff before that party's time for serving a responsive pleading has expired.”); CPLR 3132 (“Interrogatories may not be served upon a defendant before that defendant's time for serving a responsive pleading has expired, except by leave of court granted with or without notice.”) Accordingly, we will not be responding at this time and will be serving our notice of Plaintiff’s deposition upon serving our answer as the rules allow. > INDEX NO. 156852/2020 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/03/2023 >> Our systems and getting back up and running. We are generally available next week to discuss a discovery schedule that is acceptable to both parties. Please let us know the availability of Plaintiff’s counsel and will and circulate a dial-in number to discuss. Thank you. > >> > > >> John DiNapoli | Associate | Seyfarth Shaw LLP >> 620 Eighth Avenue | New York, New York 10018-1405 >> Direct: +1-212-218-3355 | Fax: +1-917-344-1187 >> jdinapoli@seyfarth.com | > www. seyfarth.com >> [https://ww.seyfarth.com/dir_docs/publications/Seyfarth_Logo_Signatur > e. png. > >> > The information contained in this transmission is attorney privileged and/or confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. >> > From: Carol Stenger > > >> Sent: Tuesday, October 6, 2020 12:40 PM >> To: DiNapoli, John >> >; Kappelman, >> Lynn > >> Cc: dscher@blockotoole.com; Nancy Erika >> Smith >; Ravi > Sattiraju > > >> Subject: Gray v SMBC, Index No.: 156852-2020 > >> >> (EXT. Sender] >> Counsel, >> >> On behalf of Ravi Sattiraju, please see attached cover letter and deposition notices in the above captioned matter. For your convenience, a hard copy will also be sent via regular mail. > > Thank you for your attention to this matter >> > carol Stenger >> SATTIRAJU & THARNEY, LLP >> 50 Millstone Road > Building 300, Suite 202 >> East Windsor, NJ 08520 > Office: (609) 469-2110 > Direct Dial (609) 469-2118 >> > >