Document for Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.

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                                SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER

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

      WHEREAS on November 15, 2023, Houlihan Lawrence completed its expert

disclosure;

      WHEREAS on November 27, 2023, Houlihan Lawrence agreed to make its

experts available for depositions on January 5, 10, and 12, 2024 and confirmed its

counsel’s availability during the entire week of January 15, 2024 (Dkt. 1654);

      WHEREAS on December 5, 2023, the Class waived its right to depose

Houlihan Lawrence’s experts; agreed to complete its expert disclosure with the

production of a rebuttal report from Robert W. Lashway (“Mr. Lashway”) on or

before December 15, 2023; advised the Court of the death of one of the four Class

Representatives appointed by the Court, Dr. Ellyn Berk; advised the Court of its

intention to preserve the trial testimony of one of its experts, Thomas Cusack (“Mr.

Cusack”), by conducting a preservation deposition of Mr. Cusack on January 12,

2024; and requested that the Court set a February 5, 2024, deadline for the filing of
post-discovery motions such as a motion for summary judgment, motion to de-

certify the Class, or motion to preclude expert testimony at trial (Dkt. 1653);

      WHEREAS on December 12, 2023, the parties will appear at the Court’s

direction before the Court-appointed mediator, Leonard Benowich, in an attempt to

amicably resolve this dispute;

      NOW, upon consideration of the foregoing and the “significant public

interest” in this five-plus year old case (Dkt. 1356); it is hereby,

      ORDERED that the following scheduling order shall govern the remaining

expert discovery and any post-discovery motion practice:

               REMAINING EXPERT DISCOVERY DEADLINES

      1.     The Class will complete its expert disclosure with the production of a

rebuttal report by Mr. Lashway on or before December 15, 2023.

      2.     The Class will make Mr. Lashway available for a deposition regarding

his rebuttal report on January 5, 2024.

      3.     The parties will schedule the preservation deposition of Mr. Cusack on

a mutually agreeable date between January 12 and January 19, 2024.

      4.     The Class will file the Note of Issue and Certificate of Readiness by

January 22, 2024.

                    POST-DISCOVERY MOTION DEADLINES

      5.     All dispositive motions, motions to de-certify the Class, or to preclude

expert testimony shall be filed on or before February 5, 2024. All briefs in




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opposition to the motions shall be due on or before March 6, 2024. All reply briefs

in support of the motions shall be due on or before March 21, 2024.

      IT IS SO ORDERED.

Dated: White Plains, New York

       December _____, 2023

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




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