On March 18, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Ievolve, Inc.,
and
Gerald E. Hickson,
for Commercial Division
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/01/2023 01:17 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/01/2023
EXHIBIT C
FILED: ERIE COUNTY CLERK 03/01/2023 01:17 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/01/2023
Richard Clack
From: Richard Clack
Sent: Thursday, January 19, 2023 3:54 PM
To: David J. McNamara; ‰on. Timothy J. Walker'; Jeffrey D. Coren
Cc: John Garbo; Darryl J. Colosi
Subject: RE: IEvolve, Inc. v. Gerald Hickson 804173/2020
Dear Justice Walker:
I respectfully submit that the motions should be decided.
The motions were fully briefed and submitted to the Court for decision, and there is no provision in the rules for
disputed issues to be unilaterally decided thereafter by one party in its own favor by that party providing an affidavit to
the other party's attorney. Moreover, there are other issues that need to be decided with respect to the defendant's
motion.
Respectfully,
Richard A. Clack
Richard A. Clack, Esq.
LAW OFFICES OF RICHARD A. CLACK
750 Cathedral Park Tower
37 Franklin Street
Buffalo, New York 14202
Telephone: (716) 842-6230
E-mail: rclack@clackfirm.com
From: David J. McNamara
Sent: Thursday, January 19, 2023 3:27 PM
Walker'
To: ‰on. Timothy J. ; Jeffrey D. Coren ; Richard Clack
Cc: John Garbo ; Darryl J. Colosi
Subject: RE: IEvolve, Inc. v. Gerald Hickson 804173/2020
Your Honor,
Mr. Coren and I have conferred at length with our client and expect to receive information from him that will enable us
to finalize a counter-offer of settlement by the end of next week. We have also re-visited with our client the process by
which commissions were determined. We will provide to Mr. Clack and the court a sworn affidavit with a detailed work
flow that will resolve the issues raised at the last conference, and further demonstrate why there are no documents
pertinent to the commissions paid to Mr. Hickson other than those previously produced.
Respectfully,
From: Hon. Timothy J. Walker
Sent: Thursday, January 19, 2023 2:49 PM
1
FILED: ERIE COUNTY CLERK 03/01/2023 01:17 PM INDEX NO. 804173/2020
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/01/2023
To: Jeffrey D. Coren ; David J. McNamara ; Richard Clack
Cc: John Garbo ; Darryl J. Colosi
Subject: IEvolve, Inc. v. Gerald Hickson 804173/2020
Counsel: when we last met, the court obtained a settlement offer from Defendant and asked Plaintiff's counsel to
consider making one. Is that where it stands, or is the court to decide the motion and cross-motion?
J. wat¾gr
fimothy
Hon. Timothy J. Walker, J.C.C.
Acting Supreme Court Justice
(716) 854-7479
g
David J. McNamara
Partner
Phillipal,ytle u.P
One Canalside
125 Main Street
Buffalo, NY 14203-2887
Phone 716 847 5457
Fax 716 852 6100
620 Eighth Ave
38th Floor
New York, NY 10018-1442
Phone 212 759 4888
Fax 212 308 9079
DMcNamara@phillipsivtle.com
www.phillipsivtle.com
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thirkbc4areyoupdnicridawealian.
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Document Filed Date
March 01, 2023
Case Filing Date
March 18, 2020
Category
Commercial Division
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FILED: ERIE COUNTY CLERK 03/01/2023 01:17 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/01/2023 EXHIBIT C FILED: ERIE COUNTY CLERK 03/01/2023 01:17 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/01/2023 Richard Clack From: Richard Clack Sent: Thursday, January 19, 2023 3:54 PM To: David J. McNamara; ‰on. Timothy J. Walker'; Jeffrey D. Coren Cc: John Garbo; Darryl J. Colosi Subject: RE: IEvolve, Inc. v. Gerald Hickson 804173/2020 Dear Justice Walker: I respectfully submit that the motions should be decided. The motions were fully briefed and submitted to the Court for decision, and there is no provision in the rules for disputed issues to be unilaterally decided thereafter by one party in its own favor by that party providing an affidavit to the other party's attorney. Moreover, there are other issues that need to be decided with respect to the defendant's motion. Respectfully, Richard A. Clack Richard A. Clack, Esq. LAW OFFICES OF RICHARD A. CLACK 750 Cathedral Park Tower 37 Franklin Street Buffalo, New York 14202 Telephone: (716) 842-6230 E-mail: rclack@clackfirm.com From: David J. McNamara Sent: Thursday, January 19, 2023 3:27 PM Walker' To: ‰on. Timothy J. ; Jeffrey D. Coren ; Richard Clack Cc: John Garbo ; Darryl J. Colosi Subject: RE: IEvolve, Inc. v. Gerald Hickson 804173/2020 Your Honor, Mr. Coren and I have conferred at length with our client and expect to receive information from him that will enable us to finalize a counter-offer of settlement by the end of next week. We have also re-visited with our client the process by which commissions were determined. We will provide to Mr. Clack and the court a sworn affidavit with a detailed work flow that will resolve the issues raised at the last conference, and further demonstrate why there are no documents pertinent to the commissions paid to Mr. Hickson other than those previously produced. Respectfully, From: Hon. Timothy J. Walker Sent: Thursday, January 19, 2023 2:49 PM 1 FILED: ERIE COUNTY CLERK 03/01/2023 01:17 PM INDEX NO. 804173/2020 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 03/01/2023 To: Jeffrey D. Coren ; David J. McNamara ; Richard Clack Cc: John Garbo ; Darryl J. Colosi Subject: IEvolve, Inc. v. Gerald Hickson 804173/2020 Counsel: when we last met, the court obtained a settlement offer from Defendant and asked Plaintiff's counsel to consider making one. Is that where it stands, or is the court to decide the motion and cross-motion? J. wat¾gr fimothy Hon. Timothy J. Walker, J.C.C. Acting Supreme Court Justice (716) 854-7479 g David J. McNamara Partner Phillipal,ytle u.P One Canalside 125 Main Street Buffalo, NY 14203-2887 Phone 716 847 5457 Fax 716 852 6100 620 Eighth Ave 38th Floor New York, NY 10018-1442 Phone 212 759 4888 Fax 212 308 9079 DMcNamara@phillipsivtle.com www.phillipsivtle.com Download vCard thirkbc4areyoupdnicridawealian. This electronic transmission and any attachments hereto are intended only for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you have reason to believe that you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this electronic transmission is strictly prohibited. If you have reason to believe that you have received this transmission in error, please notify immediately by return e-mail and delete and destroy this communication. WARNING: E-mail communications cannot be guaranteed to be timely, secure, error-free or virus-free. The recipient of this communication should check this e-mail and each attachment for the presence of viruses. The sender does not accept any liability for any errors or omissions in the content of this electronic communication which arises as a result of e-mail transmission. 2