Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 51
FILED: NEW YORK COUNTY CLERK 07/10/2023
03/31/2023 10:29
03:49 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 136
62 RECEIVED NYSCEF: 07/10/2023
03/31/2023
NEW YORK
(212) 421-2800
darron.berquist@lanierlawfirm.com
March 31, 2023
Via NYSCEF
Christina J. Holzapfel, Esq.
Landman Corsi Ballaine & Ford PC
One Gateway Center, 22nd Fl.
Newark, NJ 07102
Re: Albasry (Al Saad) v. Barretts Minerals Inc., et al. (190002/2023)
WCD “Notice to Preserve and Observe”
Ms. Holzapfel:
I am in receipt of your letter dated today regarding the above matter. As you will recall,
plaintiffs on March 10, 2023, responded to Whittaker, Clark & Daniels Inc.’s (“WCD”)
“Notice to Preserve and Observe.” In your letter today, you purport to refer to the CPLR,
CMO and the Young cases, none of which obviate the objections set forth on March 10,
2023. As I have already informed you:
Plaintiffs maintain the position and objections outlined in my letter dated March 10, 2023.
Additionally, be reminded that plaintiffs will not permit WCD or its experts to “observe
any testing of the product(s)…” by their expert(s). You were advised to request splits of
the products by March 24, 2023, which deadline has passed without such a request.
Should plaintiffs disclose the results of any analyses of the products referenced in my
letter dated March 10, 2023, we can meet and confer regarding WCD’s request to “inspect
the PLM slides / TEM grids that were used for testing” at that time. However, please be
advised that the products will be maintained in the United States and not in Canada.
Therefore, should plaintiffs agree to allow WCD “to inspect the PLM slides/ TEM grids that
were used for testing,” such inspection would take place in the United States. Of course,
should WCD seek further relief from the Special Master or Court in relation to plaintiffs’
talc‐based products, any additional disclosure ordered regarding these products could
only be obtained in the United States.
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Regards,
Darron E. Berquist
cc: All counsel (via NYSCEF))
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L ANDMAN C ORSI B ALL AINE & F OR D P.C.
A NEW YORK PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
120 Broadway
CHRISTINA J. HOLZAPFEL ONE GATEWAY CENTER 13th Floor
ASSOCIATE 22ND FLOOR New York, New York 10271
Tel: (212) 238-4800
TEL: 973-623-2700 NEWARK, NJ 07102
EMAIL: cholzapfel@lcbf.com TELEPHONE (973) 623-2700 One Penn Center
FACSIMILE (973) 623-4496 1617 JFK Boulevard, Suite
955
www.lcbf.com Philadelphia, PA 19103
Tel: (215) 561-8540
March 31, 2023
Via NYSCEF
Darron E. Berquist, Esq.
The Lanier Law Firm, PLLC
126 East 56th Street, 6th Floor
New York, NY 10002
Darron.berquist@lanierlawfirm.com
Re: Albasry (Al Saad) v. Barretts Minerals Inc., et al. (190002/2023)
WCD Notice to Preserve and Observe
Dear Mr. Berquist:
We are in receipt of your letter, dated March 10, 2023, objecting to WCD’s Notice to
Preserve and Observe. The CPLR governs discovery in this matter unless there is specific CMO
provision covering the topic(s). See CMO VI. As such, Plaintiff is reminded of CPLR 3101(a),
which requires the full disclosure of “material and necessary” discovery regardless of the burden
of proof.
Case law in NYCAL has interpreted this in talc cases as follows, “Material and necessary
is to be liberally interpreted as requiring disclosure of any relevant facts which will assist trial
preparation.” See, e.g., Young v. Avon Products, Inc., et al. (Index No. 190383/16, Mtn. Seq. #5,
3/13/19). Moreover, the information and materials requested in WCD’s Notice to Preserve and
Observe are responsive and relevant to numerous demands set forth in Defendants’ Fourth
Amended Standard Set if Interrogatories and Request for Production of Documents.
Thus, consistent with WCD’s Notice to Preserve and Observe, WCD objects to any
destructive testing of the products. WCD requests access to the products, chain of custody
information, images of the products, information on weight, and the status of any splits or samples
take from the product.
This request should not be interpreted as a waiver of any spoliation or admissibility
arguments. Furthermore, your letter advises that certain products have been sent for testing. Thus,
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consistent with our formal Notice and the above, WCD demands the right to observe any testing
of the product(s), followed by an opportunity for our experts to inspect the PLM slides / TEM grids
that were used for testing. To that end, WCD’s demand for compliance with its Notice to Preserve
and Observe stands, and Plaintiffs should be guided accordingly.
Regards,
/s/ Christina J. Holzapfel
Christina J. Holzapfel, Esq.
CC: All counsel of record (via NYSCEF)
2
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NYSCEF DOC. NO. 136
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62 RECEIVED NYSCEF: 07/10/2023
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03/31/2023
NEW YORK
(212) 421-2800
darron.berquist@lanierlawfirm.com
March 10, 2023
Via NYSCEF
Christina J. Holzapfel, Esq.
Landman Corsi Ballaine & Ford PC
One Gateway Center, 22nd Fl.
Newark, NJ 07102
Re: Albasry (Al Saad) v. Barretts Minerals Inc., et al. (190002/2023)
WCD “Notice to Preserve and Observe”
Ms. Holzapfel:
I am in receipt of Whittaker, Clark & Daniels Inc.’s (“WCD”) “Notice to Preserve and
Observe” dated March 9, 2023. Plaintiffs object to and reject said notice for following
reasons:
1. The “Notice to Preserve and Observe” is not an authorized discovery device under
either the CPLR or the CMO. As such, it is improper and void ab initio.
2. Even if it were a proper discovery device, the “Notice to Preserve and Observe”
was served without leave of the Special Master. See CMO § IX(L).
3. The “Notice to Preserve and Observe” is vague, ambiguous, overly broad, unduly
burdensome, premature, and requests information and documents or other
materials that are not within the scope of disclosure (i.e., not material and
necessary in the defense of this action). Plaintiffs further object to the “Notice to
Preserve and Observe” to the extent it requests information or documents that are
protected by the attorney‐client privilege and/or as attorney work product.1
4. As to that portion of the “Notice to Preserve and Observe” related to “tissue
evidence,” be advised that plaintiffs have no intention of obtaining or preserving
any such materials except to the extent such materials already exist and are in their
possession. If such materials are in the custody of a hospital or other medical
facility, it is not plaintiffs’ responsibility to preserve them, as they will not be within
their possession, custody or control. Moreover, and for the same reasons, in
addition to the fact that plaintiffs have made Ms. Al Saad’s medical records
available to defendants via RecordTrak, plaintiffs will not notify WCD, or any other
defendant, of the availability of tissue samples. Additionally, plaintiffs will not
comply with WCD’s “request” that “there be no destruction or alteration of
pathology materials, including but not limited to tissue samples or biopsy material,
1
Pursuant to Rule 202.20‐c, plaintiffs state that these objections are interposed as to the entirety of
the “Notice to Preserve and Observe.” Additionally, due to the vague, ambiguous, overly broad and
unduly burdensome nature of the “Notice to Preserve and Observe,” plaintiffs are unable to identify
whether any specific documents or categories of documents are being withheld.
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as well as any digestive studies,” unless there is insufficient material appropriate
for fiber burden analysis by two laboratories (plaintiffs’ and defendants’).
Certain talc‐based cosmetic products that were in plaintiffs’ custody have been
transferred to a laboratory for analysis. A portion of each of said products will be provided
to defendants upon written request by Friday, March 24, 2023.
To be clear, plaintiffs reject WCD’s “Notice to Preserve and Observe” and will not be
taking any action—or delaying or modifying action—accordingly. Additionally, to the
extent there are any requests or demands in the “Notice to Preserve and Observe,” WCD
can consider them objected to for all the reasons set forth above, as well as because they
are contrary to the scope of discovery WCD is afforded by the CPLR and the CMO. WCD
should be guided accordingly and seek intervention from the Special Master immediately.
If you have any questions or wish to discuss this matter further, please contact me
directly.
Regards,
Darron E. Berquist
cc: All counsel (via NYSCEF))
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DAN ALBASRY, as Trustee of the Estate of X
NEWAL AL SAAD, and FIRAS MOHAMMAD, : Index No. 190002/2023
:
:
Plaintiffs, :
: NOTICE TO PRESERVE
v. : AND OBSERVE
:
BARRETTS MINERALS INC., et al., :
:
Defendants. X
PLEASE TAKE NOTICE that pursuant to New York Civil Practice Law and Rules 3101
and 3120, defendant, Whittaker, Clark & Daniels, Inc. (“WCD”), demands that Plaintiffs, Dan
Albasry, as Trustee of the Estate of Newal Al Saad, and Firas Mohammad, (“Plaintiffs”), produce
and permit the following:
1. WCD formally demands that any of Plaintiffs’ alleged talcum products be preserved in
their present condition and not be modified, sampled, destroyed, or tested in any way until
an agreement can be reached as to the disclosure of protocols and observation of any
planned storage or testing. If the products/samples are modified, sampled, destroyed, or
tested in any way, we reserve all rights to make a Motion for Spoliation and for all
appropriate related relief and sanctions.
2. WCD demands the opportunity to inspect and photograph, in its current location and
condition, any talcum product(s) at issue that were claimed to be in Plaintiff’s possession
before the filing of this lawsuit and which may be identified in Plaintiffs’ Interrogatory
Responses and/or deposition testimony.
3. WCD requests a sworn Affidavit, including the following details: when and where each
product was obtained; a detailed chain of custody from original receipt of each item up to
the present day; a description of the conditions and circumstances in which the product is
alleged to have been stored prior to the commencement of the lawsuit (including who,
what, when, where, and how); a description of the conditions and circumstances (including
who, what, when, where, and how) in which the product is presently stored; and, the exact
amount of product remaining within the container.
4. WCD further requests advanced notice (at least 10 business days) in writing of the
individual expert retained if testing of the aforementioned product(s) is planned to be
performed. If no determination has been made, WCD demands that this information be
provided immediately after such determination has been made.
5. WCD further demands advanced notice (at least 10 business days) of any intention to
remove any portion of the product contents from its container, including any division of
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the remaining product, and demands a third-party neutral be assigned for the division of
such product.
6. WCD requests the following with respect to Plaintiffs’ experts’ testing of any such product
or sample described in the above Paragraphs:
a. Written outline of the testing protocol, including the methods and equipment to
be used, as well as the mineral characterization parameters planned to be used,
and the
b. Opportunity for defendants’ designated representative(s) to be present at any
such testing, to observe, and to record and/or photograph Plaintiffs’ experts’
sample preparation and analysis of the product(s).
PLEASE TAKE FURTHER NOTICE, that WCD demands that Plaintiffs, Dan Albasry, as
Trustee of the Estate of Newal Al Saad, and Firas Mohammad, (“Plaintiffs”), undertake the
following steps to preserve the tissue evidence in this matter:
7. Preserve any and all tissue samples, slides, and block materials and that Plaintiffs
immediately notify WCD with respect to the location of these materials;
8. Preserve any and all radiology materials, including CT scans;
9. Requests that there be no destruction or alteration of pathology materials, including but not
limited to tissue samples or biopsy material, as well as any digestive studies;
10. Additionally, WCD requests that Plaintiffs provide immediate notice, at least 48 hours in
advance, of any autopsy, and provide WCD’s representative with an opportunity to observe
any such procedure.
PLEASE TAKE FURTHER NOTICE, that in the event that you should fail to provide the
above-requested information within thirty (30) days, a motion shall be made seeking appropriate
relief.
PLEASE TAKE FURTHER NOTICE that this is a continuing and ongoing demand.
Dated: March 9, 2023
LANDMAN CORSI BALLAINE & FORD P.C.
By: /s/ Christina J. Holzapfel
Christina J, Holzapfel, Esq.
Attorneys for Defendant,
WHITTAKER, CLARK & DANIELS, INC.
One Gateway Center, 22nd Floor
Newark, New Jersey 07102
(973) 623-2700
TO: All parties via NYSCEF
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Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 51 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/31/2023 10:29 03:49 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 62 RECEIVED NYSCEF: 07/10/2023 03/31/2023 NEW YORK (212) 421-2800 darron.berquist@lanierlawfirm.com March 31, 2023 Via NYSCEF Christina J. Holzapfel, Esq. Landman Corsi Ballaine & Ford PC One Gateway Center, 22nd Fl. Newark, NJ 07102 Re: Albasry (Al Saad) v. Barretts Minerals Inc., et al. (190002/2023) WCD “Notice to Preserve and Observe” Ms. Holzapfel: I am in receipt of your letter dated today regarding the above matter. As you will recall, plaintiffs on March 10, 2023, responded to Whittaker, Clark & Daniels Inc.’s (“WCD”) “Notice to Preserve and Observe.” In your letter today, you purport to refer to the CPLR, CMO and the Young cases, none of which obviate the objections set forth on March 10, 2023. As I have already informed you: Plaintiffs maintain the position and objections outlined in my letter dated March 10, 2023. Additionally, be reminded that plaintiffs will not permit WCD or its experts to “observe any testing of the product(s)…” by their expert(s). You were advised to request splits of the products by March 24, 2023, which deadline has passed without such a request. Should plaintiffs disclose the results of any analyses of the products referenced in my letter dated March 10, 2023, we can meet and confer regarding WCD’s request to “inspect the PLM slides / TEM grids that were used for testing” at that time. However, please be advised that the products will be maintained in the United States and not in Canada. Therefore, should plaintiffs agree to allow WCD “to inspect the PLM slides/ TEM grids that were used for testing,” such inspection would take place in the United States. Of course, should WCD seek further relief from the Special Master or Court in relation to plaintiffs’ talc‐based products, any additional disclosure ordered regarding these products could only be obtained in the United States. 2590037_1 1 of 8 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/31/2023 10:29 03:49 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 62 RECEIVED NYSCEF: 07/10/2023 03/31/2023 Regards, Darron E. Berquist cc: All counsel (via NYSCEF)) 2 of 8 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/31/2023 10:29 02:47 PM 03:49 INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 61 62 RECEIVED NYSCEF: 07/10/2023 03/31/2023 L ANDMAN C ORSI B ALL AINE & F OR D P.C. A NEW YORK PROFESSIONAL CORPORATION ATTORNEYS AT LAW 120 Broadway CHRISTINA J. HOLZAPFEL ONE GATEWAY CENTER 13th Floor ASSOCIATE 22ND FLOOR New York, New York 10271 Tel: (212) 238-4800 TEL: 973-623-2700 NEWARK, NJ 07102 EMAIL: cholzapfel@lcbf.com TELEPHONE (973) 623-2700 One Penn Center FACSIMILE (973) 623-4496 1617 JFK Boulevard, Suite 955 www.lcbf.com Philadelphia, PA 19103 Tel: (215) 561-8540 March 31, 2023 Via NYSCEF Darron E. Berquist, Esq. The Lanier Law Firm, PLLC 126 East 56th Street, 6th Floor New York, NY 10002 Darron.berquist@lanierlawfirm.com Re: Albasry (Al Saad) v. Barretts Minerals Inc., et al. (190002/2023) WCD Notice to Preserve and Observe Dear Mr. Berquist: We are in receipt of your letter, dated March 10, 2023, objecting to WCD’s Notice to Preserve and Observe. The CPLR governs discovery in this matter unless there is specific CMO provision covering the topic(s). See CMO VI. As such, Plaintiff is reminded of CPLR 3101(a), which requires the full disclosure of “material and necessary” discovery regardless of the burden of proof. Case law in NYCAL has interpreted this in talc cases as follows, “Material and necessary is to be liberally interpreted as requiring disclosure of any relevant facts which will assist trial preparation.” See, e.g., Young v. Avon Products, Inc., et al. (Index No. 190383/16, Mtn. Seq. #5, 3/13/19). Moreover, the information and materials requested in WCD’s Notice to Preserve and Observe are responsive and relevant to numerous demands set forth in Defendants’ Fourth Amended Standard Set if Interrogatories and Request for Production of Documents. Thus, consistent with WCD’s Notice to Preserve and Observe, WCD objects to any destructive testing of the products. WCD requests access to the products, chain of custody information, images of the products, information on weight, and the status of any splits or samples take from the product. This request should not be interpreted as a waiver of any spoliation or admissibility arguments. Furthermore, your letter advises that certain products have been sent for testing. Thus, 4882-5822-3705v.1 1 of 8 3 2 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/31/2023 10:29 02:47 PM 03:49 INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 61 62 RECEIVED NYSCEF: 07/10/2023 03/31/2023 consistent with our formal Notice and the above, WCD demands the right to observe any testing of the product(s), followed by an opportunity for our experts to inspect the PLM slides / TEM grids that were used for testing. To that end, WCD’s demand for compliance with its Notice to Preserve and Observe stands, and Plaintiffs should be guided accordingly. Regards, /s/ Christina J. Holzapfel Christina J. Holzapfel, Esq. CC: All counsel of record (via NYSCEF) 2 4882-5822-3705v.1 2 of 8 4 2 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/10/2023 10:29 03/31/2023 11:47 PM 03:49 AM INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 40 62 RECEIVED NYSCEF: 07/10/2023 03/10/2023 03/31/2023 NEW YORK (212) 421-2800 darron.berquist@lanierlawfirm.com March 10, 2023 Via NYSCEF Christina J. Holzapfel, Esq. Landman Corsi Ballaine & Ford PC One Gateway Center, 22nd Fl. Newark, NJ 07102 Re: Albasry (Al Saad) v. Barretts Minerals Inc., et al. (190002/2023) WCD “Notice to Preserve and Observe” Ms. Holzapfel: I am in receipt of Whittaker, Clark & Daniels Inc.’s (“WCD”) “Notice to Preserve and Observe” dated March 9, 2023. Plaintiffs object to and reject said notice for following reasons: 1. The “Notice to Preserve and Observe” is not an authorized discovery device under either the CPLR or the CMO. As such, it is improper and void ab initio. 2. Even if it were a proper discovery device, the “Notice to Preserve and Observe” was served without leave of the Special Master. See CMO § IX(L). 3. The “Notice to Preserve and Observe” is vague, ambiguous, overly broad, unduly burdensome, premature, and requests information and documents or other materials that are not within the scope of disclosure (i.e., not material and necessary in the defense of this action). Plaintiffs further object to the “Notice to Preserve and Observe” to the extent it requests information or documents that are protected by the attorney‐client privilege and/or as attorney work product.1 4. As to that portion of the “Notice to Preserve and Observe” related to “tissue evidence,” be advised that plaintiffs have no intention of obtaining or preserving any such materials except to the extent such materials already exist and are in their possession. If such materials are in the custody of a hospital or other medical facility, it is not plaintiffs’ responsibility to preserve them, as they will not be within their possession, custody or control. Moreover, and for the same reasons, in addition to the fact that plaintiffs have made Ms. Al Saad’s medical records available to defendants via RecordTrak, plaintiffs will not notify WCD, or any other defendant, of the availability of tissue samples. Additionally, plaintiffs will not comply with WCD’s “request” that “there be no destruction or alteration of pathology materials, including but not limited to tissue samples or biopsy material, 1 Pursuant to Rule 202.20‐c, plaintiffs state that these objections are interposed as to the entirety of the “Notice to Preserve and Observe.” Additionally, due to the vague, ambiguous, overly broad and unduly burdensome nature of the “Notice to Preserve and Observe,” plaintiffs are unable to identify whether any specific documents or categories of documents are being withheld. 2542384_1 1 of 8 5 4 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/10/2023 10:29 03/31/2023 11:47 PM 03:49 AM INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 40 62 RECEIVED NYSCEF: 07/10/2023 03/10/2023 03/31/2023 as well as any digestive studies,” unless there is insufficient material appropriate for fiber burden analysis by two laboratories (plaintiffs’ and defendants’). Certain talc‐based cosmetic products that were in plaintiffs’ custody have been transferred to a laboratory for analysis. A portion of each of said products will be provided to defendants upon written request by Friday, March 24, 2023. To be clear, plaintiffs reject WCD’s “Notice to Preserve and Observe” and will not be taking any action—or delaying or modifying action—accordingly. Additionally, to the extent there are any requests or demands in the “Notice to Preserve and Observe,” WCD can consider them objected to for all the reasons set forth above, as well as because they are contrary to the scope of discovery WCD is afforded by the CPLR and the CMO. WCD should be guided accordingly and seek intervention from the Special Master immediately. If you have any questions or wish to discuss this matter further, please contact me directly. Regards, Darron E. Berquist cc: All counsel (via NYSCEF)) 2 of 8 6 4 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/09/2023 10:29 03/10/2023 03/31/2023 04:47 PM 11:47 03:49 AM INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 39 40 62 RECEIVED NYSCEF: 07/10/2023 03/09/2023 03/10/2023 03/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DAN ALBASRY, as Trustee of the Estate of X NEWAL AL SAAD, and FIRAS MOHAMMAD, : Index No. 190002/2023 : : Plaintiffs, : : NOTICE TO PRESERVE v. : AND OBSERVE : BARRETTS MINERALS INC., et al., : : Defendants. X PLEASE TAKE NOTICE that pursuant to New York Civil Practice Law and Rules 3101 and 3120, defendant, Whittaker, Clark & Daniels, Inc. (“WCD”), demands that Plaintiffs, Dan Albasry, as Trustee of the Estate of Newal Al Saad, and Firas Mohammad, (“Plaintiffs”), produce and permit the following: 1. WCD formally demands that any of Plaintiffs’ alleged talcum products be preserved in their present condition and not be modified, sampled, destroyed, or tested in any way until an agreement can be reached as to the disclosure of protocols and observation of any planned storage or testing. If the products/samples are modified, sampled, destroyed, or tested in any way, we reserve all rights to make a Motion for Spoliation and for all appropriate related relief and sanctions. 2. WCD demands the opportunity to inspect and photograph, in its current location and condition, any talcum product(s) at issue that were claimed to be in Plaintiff’s possession before the filing of this lawsuit and which may be identified in Plaintiffs’ Interrogatory Responses and/or deposition testimony. 3. WCD requests a sworn Affidavit, including the following details: when and where each product was obtained; a detailed chain of custody from original receipt of each item up to the present day; a description of the conditions and circumstances in which the product is alleged to have been stored prior to the commencement of the lawsuit (including who, what, when, where, and how); a description of the conditions and circumstances (including who, what, when, where, and how) in which the product is presently stored; and, the exact amount of product remaining within the container. 4. WCD further requests advanced notice (at least 10 business days) in writing of the individual expert retained if testing of the aforementioned product(s) is planned to be performed. If no determination has been made, WCD demands that this information be provided immediately after such determination has been made. 5. WCD further demands advanced notice (at least 10 business days) of any intention to remove any portion of the product contents from its container, including any division of 4880-2009-0706v.1 1 of 8 3 7 2 4 FILED: NEW YORK COUNTY CLERK 07/10/2023 03/09/2023 10:29 03/10/2023 03/31/2023 04:47 PM 11:47 03:49 AM INDEX NO. 190002/2023 NYSCEF DOC. NO. 136 39 40 62 RECEIVED NYSCEF: 07/10/2023 03/09/2023 03/10/2023 03/31/2023 the remaining product, and demands a third-party neutral be assigned for the division of such product. 6. WCD requests the following with respect to Plaintiffs’ experts’ testing of any such product or sample described in the above Paragraphs: a. Written outline of the testing protocol, including the methods and equipment to be used, as well as the mineral characterization parameters planned to be used, and the b. Opportunity for defendants’ designated representative(s) to be present at any such testing, to observe, and to record and/or photograph Plaintiffs’ experts’ sample preparation and analysis of the product(s). PLEASE TAKE FURTHER NOTICE, that WCD demands that Plaintiffs, Dan Albasry, as Trustee of the Estate of Newal Al Saad, and Firas Mohammad, (“Plaintiffs”), undertake the following steps to preserve the tissue evidence in this matter: 7. Preserve any and all tissue samples, slides, and block materials and that Plaintiffs immediately notify WCD with respect to the location of these materials; 8. Preserve any and all radiology materials, including CT scans; 9. Requests that there be no destruction or alteration of pathology materials, including but not limited to tissue samples or biopsy material, as well as any digestive studies; 10. Additionally, WCD requests that Plaintiffs provide immediate notice, at least 48 hours in advance, of any autopsy, and provide WCD’s representative with an opportunity to observe any such procedure. PLEASE TAKE FURTHER NOTICE, that in the event that you should fail to provide the above-requested information within thirty (30) days, a motion shall be made seeking appropriate relief. PLEASE TAKE FURTHER NOTICE that this is a continuing and ongoing demand. Dated: March 9, 2023 LANDMAN CORSI BALLAINE & FORD P.C. By: /s/ Christina J. Holzapfel Christina J, Holzapfel, Esq. Attorneys for Defendant, WHITTAKER, CLARK & DANIELS, INC. One Gateway Center, 22nd Floor Newark, New Jersey 07102 (973) 623-2700 TO: All parties via NYSCEF 2 4880-2009-0706v.1 2 of 8 4 8 2 4