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FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------.--------------------------x
ROBERT HARRIS, :
: Index No. 650175/2017
Plaintiff,
: Hon. Nancy Bannon
vs. : Part 42
INTIMO, INC., NATHAN NATHAN
STIPULATION AND ORDER
individually ,TOMMY NATHAN, individually,
: OF CONFIDENTIALITY
MORIS ZILKHA, individually, PRESTIGE .
EMPLOYEE ADMINISTRATORS, INC. a/k/a
PRESTIGE EMPLOYEE ADMINISTRATORS,
PRESTIGE EMPLOYEE ADMINISTRATORS
II, INC. a/k/a PRESTIGE EMPLOYEE
ADMINISTRATORS and JOHN DOES 1-10,
and ABC CORPS. 1-8, fictitious names for
persons or entities whose roles and identities
are unknown, .
.
Defendants.
.
------------------------------------x
IT IS HEREBY STIPULATED AND AGREED, by and between counsel for
Plaintiff Robert Harris ("Plaintiff"), Defendants Intime, Inc., Nathan Nathan, Tommy Nathan,
and Moris Zilkha ("Intimo Defendants"), and Prestige Employee Administrators, Inc. and
Prestige Employee Administrators II, Inc. ("Prestige Dwandantc"), that:
1. This Stipulation and Order of Confida=*iamy ("Stipulation of
Confidentiality") supersedes and replaces the Stipulation and Order of Confidentiality entered .
14th
into between Plaintiff and the Intimo Defendants on February 14, 2019 ("February
Stipulation"), along with any prior agreements, stipulations, or understandings between Plaintiff,
the Intimo and the Prestige Defendan*c the designation and exchange of
Defendante, regarding
"Confidential" 14*
confidential information. Any documents designated as under the February
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Stipulation by Plaintiff or the Intimo Defendants shall remain in full force and effect, however,
but shall now be protected and governed by the terms of this Stipulation of Confidentiality.
"Confidential"
2. Any party may designate as any document or information
which it, in good faith, believes is confidential business or personal information, including but
not limited to: (i) any documents containing social numbars, bank account (or other
security
financial medical financial information but not
account) n=bers; (ii) records; (iii) (including
limited to Gnancial accGüñt tax returns and return and non-publie
documents, infonnation); (iv)
information, regardless of its description, regarding business, commercial, or proprietary
trade confidential internal policies and ñcñ-public finanaial
information, secrets, procedures,
or other business formation or busine-c operations
information, operating agreements,
documentation that have an expectaticñ of privacy. The entering into this Stipsistion of
Confidentiality shall not constitute an acknowledgement by the parties that material designated
"Conadantial"
as is in fact confidential and such designation shall have no precedential or
evidentiary value. The parties are entering into this Stipulation of Confidentiality in order to
facilitate discovery.
"Confidential"
3. Any material designated as shall be used solely for the
purposes of litigating this lawsuit and not for any other purpose, lawsuit, action or proceeding.
ce=±=1=ªd herein shall prohibit the Intimo Defendants or the Prestige
However, acthing
Defendants from using confidential documents they produced in this lawsuit in the operation of
their business.
4. No designation of confidentiality shall be made unless counsel for the
designating party believes in good faith that itis significant to the interest of his or her client that
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the designated matter is kept confidential and that the client would consider this matter, in the
absence of litigation, to be confidential.
5. This Stipulation of Confidentiality will extend to any information or
materials derived from a source other than a party to this litigation if that source was contacted
solely in regard to this litigation, and if the information or materials received from that source is
the same in substance as information or material provided by a party and designated as
"Confidential."
"Confidential"
6. No designation of shall be effective unless there is placed
or affixed on each document or group of documents (in such manner as will not interfere with
"CONFIDENTIAL"
the legibility thereof) a notice or the equivalent. Any confidential
designation which is inadvertently omitted prior or subsequent to the entry of this Stipulation of
Confidentiality may be corrected by written notification to opposing counsel.
"Confidential"
7. documents or inforñ1stioñ may not be disclosed by any
person to anyone other than to the following: (i) the Court; (ii) counsel for the parties; (iii)
employees or contacters of counsel for the parties to this litigation, including associsie
attomeys, paralegals, litigation assistants, and secretarial, stenographic, and clerical personnel
such counsel in this action; (iv) the Intimo Defede-n and their agents and
assisting
representatives; (v) the Prestige Defendants and their agents and representatives; (vi) Plaintiff;
(vii) non-party deponents; (viii) any person upon the written consent of the attorney who
designated the document at issue as "Confidential"; (ix) any person named or indicatM on the
face of a document as authoring or being a recipient of the do =--ant; and (x) expert witnesses,
"Confidan*ial"
prõvided, however, that disclosure of documents or information to any such
"Confidential" docu-.en+c
individual will be restricted to such or information as counsel
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reasonably and in good faith believe need be disclosed to the individual in order for counsel
properly to prepare the case for trial.
"Confidential"
8. Any infor-.aden or material desi¡i;acted shall be disclosed
only to those persons designated in paragraph 7(vii) and (x): (a) who shall have read this
"Confidential"
Stipulation; and (b) who, prior to the receipt of any dee=:st or information
shall agree to be bound by the terms hereof. After such person has read the Stipulation of
Confidanti-uty, he or she shall be required to sign a copy of the Stipulation of Confidentiality or
such other documents acknowledging that he or she shall abide by itsterms. The parties agree to
obtain and retain a signed copy of the Stipulation of Confidentiality or such other document from
"Confidential"
non-party deponents and expert witnesses to whom information is disclosed.
9. Nothing herein shall prevent disclosure bey0ñd the terms of this
Stipulation of Confidéñtiality if the party elaiming confidentiality consene in writing to such
disclosure, or if the party seeking such disclosure, upon timely notice to the other parties,
receives the approval of the Court.
"Confidential"
10. If any party or counsel wishes to use or inquire into
documents or information at any deposition, the portion of the deposition transcript that relates to
"Confidential" "Confidential"
the documents or infor-stion shall be designated and treated as
and shall be subject to the confidentiality/protective provisions herein.
11. A party may apply to the Court for a ruling that depositiün testimony or a
"Confidential"
document (or of doenments) de::ignated as is not entitled to such status
category
"Confidential"
and protection. The party or other person who designated the document as shall
be given notice of the applicãtian and an opportunity to resypond. A proponent of a
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"Confidantial"
confidentiality designation shall =aintain the status of a document until the Court
rules that the document is not entitled to such status and protection.
"Confideñtial"
12. In the event that Plaintiff or Defendants wish to file any
documents or information with the Court prior to trial, the parties shall: (1) file said
"ConEdential"
document or infomatieñ pursuant to any court established directions or
procedures for handling such document or infemation; or (2) in the absence of any court
es±ª"nad "Confidential"
directions or procedures, take steps necessary to ensure that the
documents or infomation are filed under seal and are maintained by the Court under seal until
further Order of the Court.
13. In the event the Court determines that a document or information
"Ca=Gda=*ial" Aa=1d
designated as not or need not be sealed, the party that attempted to file the
document or information under seal shall not be in breach of the Stipulation of Confidentiality
and has no further duty with respect to the dec==ent or information, such as having to appeal the
decision denying the party's application to seal. In addition, in the event that a deement or
"Confidential"
infoññation is designated as after the dec==ent is filed with the Court, the party
that filed the deument or information shall be required to make an applicatics to have the
document sealed within fourteen (14) days, provided that the filing party does not object to the
document or information's confidentiaHty and files an applicâtion challenging the designation
within that fourteen (14) day period. If the party that filed a document or infomation later
"Confidential"
designated as files an application to seal the document or infomation and the
Court determines that the document or information should not or need not be sealed, the party
that attempted to file the document or informaticñ under seal shall not be in breach of the
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Stipulatica of Confidentiality and has no further duty with respect to the document or
information.
14. The specification of appropriate safeguards concerning evidence at trialis
specifically reserved for action by the Court or later agreement by the parties at or before trial.
"Confidential"
Accordiñgly, the identification of any information or document as hereunder shall
not in any manner limit any parties ability to introduce such information or document at trial,but
each party reserves the right to raise any objection to such information or document being
admitted at trial.
15. If, in connection with this litigation and despite a producing party having
taken reasonable steps to prevent the disclosure of information that itclaims is subject to a claim
of attorney-client privilege or attorney work product, a party iñadvertently dise!eses information
subject to a claim of attorney-client privilege or attorney work product protection ("Inadvertently
Disclosed Information"), such disclosure, in itself,shall not cen±te or be deemed a waiver or
forfeiture of any claim of privilege or work product protection with respect to the Inadvertently
Disclosed Information and itssubject matter.
16. If a disclosing party makes a claim of inadvertent disclosure, the receiving
party shall, within five (5) business days, return or destroy all copies of the Inadvertently
Disclosed Information, and provide a certification of counsel that all such information has been
returned or destroyed.
"Confidential"
17. If documents or information in the possession of a
receiving party is subpoenaed by any court, shinistrative or legislative body, or any other
person or cigañization purporting to have authority to subpoena such data or informatian, the
party to whom the subpoena is directed shall resist such subpoena or order by i-ediately
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actiffing the person or entity of this Stipulation of Confidentiality, shall provide the requesting
person or entity a copy of this S6pu!etion of Confidentiality, and in any event shall not provide
or otherwise disclose such desments or information without firstnotifying counsel for the
pmducing party in writing of: (1) the informeden and documentation which is requested for
predüction in the subpoena;(2) the date on which compliance with the subgene is requested; (3)
the location at which compliance with the subpoena is requested; (4) the identity of the party
serving the subpoena; and (5) the case name, jurisdiction and index, docket, comp!en*, charge,
civil action or other identification number or other designation identifying the litigation,
edministative proceeding or other proceeding in which the subpeena has been issued.
18. This Stipu!etion of Confidentiality is inteded only to govern the
procedures for disclosure of ceaM=+ial material and infe-don.
documents, Nothing
contained in this Stipulation of CenMehlity is intended to,or shall be construed to, waive any
objections by any party, including, but not !imited to, objections on the grounds of privilege
and/or confidentialky, to any requests for discovery by any other party in thisaction.
19. Nothing contained in thisStipu!etion of Confidentiality shall be construed
to prevent any party from making applientions to the Court for revision of the terms of this
Stipulation of Confidentiality.
20. At the termination of this litigation and upon written request of the
"Confidential"
producing party, all originals and copies of documents and all originals and
copies of excerpts thereof shall be retumed to the producing party or at the option of the
producing party be destroyed within thirty(30) business days of the ter-in-+ien of the litigatics.
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Submitted by and agrcrid to for anti on behalf of all parties:
By:ch. ... ...
By .______. . . .. ..........
_.
Seth Marcus. Esq. Jonathan Meyers Esq.
The Law Offices of Seth L. Marcus Meyers Fried-Grodin, LLP
670 White Plains Rd., Penthouse Empire State Duildli.g
Scarsdale, NY 10583 350 Fifth Avenue, 5%lrFloor
Anorne,ys for Defendo»ts New York, New York 10118
Phone: 212-686-2555 Anorneys for Plaintiff
Email: seth@simarcuslaw.com Phone: 646-596-1292
Email:.1Meyen:@MfgLege!.eem
Dated: N avamber , 2019 Dated: November , 2019
Dadd I . Lichtenberg. Esq.
Eric T. Bagitiski, Esq.
FISHER & PHILLlPS LLP
430 Mountain Avenue, Suite 303
Murray Ilill,NJ 07974
Anorneys for Dqfendants
Phone: 908-516-1050
Email: dlichtenberg@ñsherphillips.com
chaginski@fisherphillipsrom
Dated: November f_, 2019
SO ORDERED:.___
Hon. Nancy Bannon, J.S.C.
Dated: November , 2019
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FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------.--------------------------x ROBERT HARRIS, : : Index No. 650175/2017 Plaintiff, : Hon. Nancy Bannon vs. : Part 42 INTIMO, INC., NATHAN NATHAN STIPULATION AND ORDER individually ,TOMMY NATHAN, individually, : OF CONFIDENTIALITY MORIS ZILKHA, individually, PRESTIGE . EMPLOYEE ADMINISTRATORS, INC. a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS, PRESTIGE EMPLOYEE ADMINISTRATORS II, INC. a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS and JOHN DOES 1-10, and ABC CORPS. 1-8, fictitious names for persons or entities whose roles and identities are unknown, . . Defendants. . ------------------------------------x IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff Robert Harris ("Plaintiff"), Defendants Intime, Inc., Nathan Nathan, Tommy Nathan, and Moris Zilkha ("Intimo Defendants"), and Prestige Employee Administrators, Inc. and Prestige Employee Administrators II, Inc. ("Prestige Dwandantc"), that: 1. This Stipulation and Order of Confida=*iamy ("Stipulation of Confidentiality") supersedes and replaces the Stipulation and Order of Confidentiality entered . 14th into between Plaintiff and the Intimo Defendants on February 14, 2019 ("February Stipulation"), along with any prior agreements, stipulations, or understandings between Plaintiff, the Intimo and the Prestige Defendan*c the designation and exchange of Defendante, regarding "Confidential" 14* confidential information. Any documents designated as under the February FP 36541335.1 1 of 8 FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 Stipulation by Plaintiff or the Intimo Defendants shall remain in full force and effect, however, but shall now be protected and governed by the terms of this Stipulation of Confidentiality. "Confidential" 2. Any party may designate as any document or information which it, in good faith, believes is confidential business or personal information, including but not limited to: (i) any documents containing social numbars, bank account (or other security financial medical financial information but not account) n=bers; (ii) records; (iii) (including limited to Gnancial accGüñt tax returns and return and non-publie documents, infonnation); (iv) information, regardless of its description, regarding business, commercial, or proprietary trade confidential internal policies and ñcñ-public finanaial information, secrets, procedures, or other business formation or busine-c operations information, operating agreements, documentation that have an expectaticñ of privacy. The entering into this Stipsistion of Confidentiality shall not constitute an acknowledgement by the parties that material designated "Conadantial" as is in fact confidential and such designation shall have no precedential or evidentiary value. The parties are entering into this Stipulation of Confidentiality in order to facilitate discovery. "Confidential" 3. Any material designated as shall be used solely for the purposes of litigating this lawsuit and not for any other purpose, lawsuit, action or proceeding. ce=±=1=ªd herein shall prohibit the Intimo Defendants or the Prestige However, acthing Defendants from using confidential documents they produced in this lawsuit in the operation of their business. 4. No designation of confidentiality shall be made unless counsel for the designating party believes in good faith that itis significant to the interest of his or her client that FP36541335.1 2 2 of 8 FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 the designated matter is kept confidential and that the client would consider this matter, in the absence of litigation, to be confidential. 5. This Stipulation of Confidentiality will extend to any information or materials derived from a source other than a party to this litigation if that source was contacted solely in regard to this litigation, and if the information or materials received from that source is the same in substance as information or material provided by a party and designated as "Confidential." "Confidential" 6. No designation of shall be effective unless there is placed or affixed on each document or group of documents (in such manner as will not interfere with "CONFIDENTIAL" the legibility thereof) a notice or the equivalent. Any confidential designation which is inadvertently omitted prior or subsequent to the entry of this Stipulation of Confidentiality may be corrected by written notification to opposing counsel. "Confidential" 7. documents or inforñ1stioñ may not be disclosed by any person to anyone other than to the following: (i) the Court; (ii) counsel for the parties; (iii) employees or contacters of counsel for the parties to this litigation, including associsie attomeys, paralegals, litigation assistants, and secretarial, stenographic, and clerical personnel such counsel in this action; (iv) the Intimo Defede-n and their agents and assisting representatives; (v) the Prestige Defendants and their agents and representatives; (vi) Plaintiff; (vii) non-party deponents; (viii) any person upon the written consent of the attorney who designated the document at issue as "Confidential"; (ix) any person named or indicatM on the face of a document as authoring or being a recipient of the do =--ant; and (x) expert witnesses, "Confidan*ial" prõvided, however, that disclosure of documents or information to any such "Confidential" docu-.en+c individual will be restricted to such or information as counsel FP 36541335.1 3 3 of 8 FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 reasonably and in good faith believe need be disclosed to the individual in order for counsel properly to prepare the case for trial. "Confidential" 8. Any infor-.aden or material desi¡i;acted shall be disclosed only to those persons designated in paragraph 7(vii) and (x): (a) who shall have read this "Confidential" Stipulation; and (b) who, prior to the receipt of any dee=:st or information shall agree to be bound by the terms hereof. After such person has read the Stipulation of Confidanti-uty, he or she shall be required to sign a copy of the Stipulation of Confidentiality or such other documents acknowledging that he or she shall abide by itsterms. The parties agree to obtain and retain a signed copy of the Stipulation of Confidentiality or such other document from "Confidential" non-party deponents and expert witnesses to whom information is disclosed. 9. Nothing herein shall prevent disclosure bey0ñd the terms of this Stipulation of Confidéñtiality if the party elaiming confidentiality consene in writing to such disclosure, or if the party seeking such disclosure, upon timely notice to the other parties, receives the approval of the Court. "Confidential" 10. If any party or counsel wishes to use or inquire into documents or information at any deposition, the portion of the deposition transcript that relates to "Confidential" "Confidential" the documents or infor-stion shall be designated and treated as and shall be subject to the confidentiality/protective provisions herein. 11. A party may apply to the Court for a ruling that depositiün testimony or a "Confidential" document (or of doenments) de::ignated as is not entitled to such status category "Confidential" and protection. The party or other person who designated the document as shall be given notice of the applicãtian and an opportunity to resypond. A proponent of a FP 36541335.1 4 4 of 8 FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 "Confidantial" confidentiality designation shall =aintain the status of a document until the Court rules that the document is not entitled to such status and protection. "Confideñtial" 12. In the event that Plaintiff or Defendants wish to file any documents or information with the Court prior to trial, the parties shall: (1) file said "ConEdential" document or infomatieñ pursuant to any court established directions or procedures for handling such document or infemation; or (2) in the absence of any court es±ª"nad "Confidential" directions or procedures, take steps necessary to ensure that the documents or infomation are filed under seal and are maintained by the Court under seal until further Order of the Court. 13. In the event the Court determines that a document or information "Ca=Gda=*ial" Aa=1d designated as not or need not be sealed, the party that attempted to file the document or information under seal shall not be in breach of the Stipulation of Confidentiality and has no further duty with respect to the dec==ent or information, such as having to appeal the decision denying the party's application to seal. In addition, in the event that a deement or "Confidential" infoññation is designated as after the dec==ent is filed with the Court, the party that filed the deument or information shall be required to make an applicatics to have the document sealed within fourteen (14) days, provided that the filing party does not object to the document or information's confidentiaHty and files an applicâtion challenging the designation within that fourteen (14) day period. If the party that filed a document or infomation later "Confidential" designated as files an application to seal the document or infomation and the Court determines that the document or information should not or need not be sealed, the party that attempted to file the document or informaticñ under seal shall not be in breach of the FP 36541335·¹ 5 5 of 8 FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 Stipulatica of Confidentiality and has no further duty with respect to the document or information. 14. The specification of appropriate safeguards concerning evidence at trialis specifically reserved for action by the Court or later agreement by the parties at or before trial. "Confidential" Accordiñgly, the identification of any information or document as hereunder shall not in any manner limit any parties ability to introduce such information or document at trial,but each party reserves the right to raise any objection to such information or document being admitted at trial. 15. If, in connection with this litigation and despite a producing party having taken reasonable steps to prevent the disclosure of information that itclaims is subject to a claim of attorney-client privilege or attorney work product, a party iñadvertently dise!eses information subject to a claim of attorney-client privilege or attorney work product protection ("Inadvertently Disclosed Information"), such disclosure, in itself,shall not cen±te or be deemed a waiver or forfeiture of any claim of privilege or work product protection with respect to the Inadvertently Disclosed Information and itssubject matter. 16. If a disclosing party makes a claim of inadvertent disclosure, the receiving party shall, within five (5) business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed. "Confidential" 17. If documents or information in the possession of a receiving party is subpoenaed by any court, shinistrative or legislative body, or any other person or cigañization purporting to have authority to subpoena such data or informatian, the party to whom the subpoena is directed shall resist such subpoena or order by i-ediately FP36541335.1 6 of 8 FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 actiffing the person or entity of this Stipulation of Confidentiality, shall provide the requesting person or entity a copy of this S6pu!etion of Confidentiality, and in any event shall not provide or otherwise disclose such desments or information without firstnotifying counsel for the pmducing party in writing of: (1) the informeden and documentation which is requested for predüction in the subpoena;(2) the date on which compliance with the subgene is requested; (3) the location at which compliance with the subpoena is requested; (4) the identity of the party serving the subpoena; and (5) the case name, jurisdiction and index, docket, comp!en*, charge, civil action or other identification number or other designation identifying the litigation, edministative proceeding or other proceeding in which the subpeena has been issued. 18. This Stipu!etion of Confidentiality is inteded only to govern the procedures for disclosure of ceaM=+ial material and infe-don. documents, Nothing contained in this Stipulation of CenMehlity is intended to,or shall be construed to, waive any objections by any party, including, but not !imited to, objections on the grounds of privilege and/or confidentialky, to any requests for discovery by any other party in thisaction. 19. Nothing contained in thisStipu!etion of Confidentiality shall be construed to prevent any party from making applientions to the Court for revision of the terms of this Stipulation of Confidentiality. 20. At the termination of this litigation and upon written request of the "Confidential" producing party, all originals and copies of documents and all originals and copies of excerpts thereof shall be retumed to the producing party or at the option of the producing party be destroyed within thirty(30) business days of the ter-in-+ien of the litigatics. FP 36541335.1 7 7 of 8 FILED: NEW YORK COUNTY CLERK 11/19/2019 02:16 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 11/19/2019 Submitted by and agrcrid to for anti on behalf of all parties: By:ch. ... ... By .______. . . .. .......... _. Seth Marcus. Esq. Jonathan Meyers Esq. The Law Offices of Seth L. Marcus Meyers Fried-Grodin, LLP 670 White Plains Rd., Penthouse Empire State Duildli.g Scarsdale, NY 10583 350 Fifth Avenue, 5%lrFloor Anorne,ys for Defendo»ts New York, New York 10118 Phone: 212-686-2555 Anorneys for Plaintiff Email: seth@simarcuslaw.com Phone: 646-596-1292 Email:.1Meyen:@MfgLege!.eem Dated: N avamber , 2019 Dated: November , 2019 Dadd I . Lichtenberg. Esq. Eric T. Bagitiski, Esq. FISHER & PHILLlPS LLP 430 Mountain Avenue, Suite 303 Murray Ilill,NJ 07974 Anorneys for Dqfendants Phone: 908-516-1050 Email: dlichtenberg@ñsherphillips.com chaginski@fisherphillipsrom Dated: November f_, 2019 SO ORDERED:.___ Hon. Nancy Bannon, J.S.C. Dated: November , 2019 FP 36541335.1 8 of 8