On February 21, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Cleary Gottlieb Steen & Hamilton Llp,
and
Kurt M. Roth,
for Special Proceedings - Other (CPLR 3103, 2304, 3119(e))
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/21/2024 11:19 PM INDEX NO. 151607/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/21/2024
Exhibit C
FILED: NEW YORK COUNTY CLERK 02/21/2024 11:19 PM INDEX NO. 151607/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/21/2024
From: Morag, Boaz S.
Sent: Friday, February 16, 2024 12:44 PM
To: matthew.goeller@klgates.com; ryan.keech@klgates.com; seaman@abramsbayliss.com;
sarna@abramsbayliss.com; thomson@abramsbayliss.com
Cc: jditomo@morrisnichols.com; ckurz@morrisnichols.com
Subject: Roth v. Sotera Health et ano., CA No. 2022-1192-LWW - Non-Party Subpoena to Cleary Gottlieb
Attachments: 2024-02-16 1053 EST - Scanned Document.pdf
Counsel:
I write to introduce myself as the point person at Cleary Go lieb Steen & Hamilton LLP (“Cleary”) in connec on with the
non-party document and deposi on subpoena you issued to Cleary in the ma er of Kurt M. Roth v. Sotera Health et
ano., CA No. 2022-1192-LWW before the Delaware Court of Chancery the (“Subpoena”). I have just become involved in
this ma er, as it was only yesterday that Cleary received the Subpoena, which was served via the New York Department
of State through Corpora on Service Company as per the a ached transmi al documents. Because we have just
received it, I am wri ng to request an extension of Cleary’s deadline to serve responses and objec ons to the Subpoena,
which would otherwise be due pursuant to N.Y. CPLR 3120 on February 21, 2024. I have also come to learn that there is
discovery mo on, filed by plain ff a er it issued the Subpoena, pending in the underlying Delaware li ga on, whose
outcome will likely impact the categories of documents responsive to the Subpoena. As a professional courtesy and in
light of the schedule of proceedings before the Delaware Court, we ask for an extension un l one week a er the
Delaware court resolves the mo on to compel. We likewise ask that the March 5, 2024 deposi on no ced in the
Subpoena be adjourned un l a er the document issues are resolved.
I am available to discuss this ma er today, but will be travelling out of the country Tuesday through Thursday of next
week where I will be 7 hours ahead of Eastern me, making having a call next week, if needed, more logis cally
challenging. I will be reachable by email.
I thank you in advance for your courtesy and coopera on.
—
Boaz S. Morag
Cleary Gottlieb Steen & Hamilton LLP
Assistant: sdruckman@cgsh.com
One Liberty Plaza, New York NY 10006
T: +1 212 225 2894 | M: +1 646 642 4028
bmorag@cgsh.com | clearygottlieb.com
1
Document Filed Date
February 21, 2024
Case Filing Date
February 21, 2024
Category
Special Proceedings - Other (CPLR 3103, 2304, 3119(e))
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Preview
FILED: NEW YORK COUNTY CLERK 02/21/2024 11:19 PM INDEX NO. 151607/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/21/2024 Exhibit C FILED: NEW YORK COUNTY CLERK 02/21/2024 11:19 PM INDEX NO. 151607/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/21/2024 From: Morag, Boaz S. Sent: Friday, February 16, 2024 12:44 PM To: matthew.goeller@klgates.com; ryan.keech@klgates.com; seaman@abramsbayliss.com; sarna@abramsbayliss.com; thomson@abramsbayliss.com Cc: jditomo@morrisnichols.com; ckurz@morrisnichols.com Subject: Roth v. Sotera Health et ano., CA No. 2022-1192-LWW - Non-Party Subpoena to Cleary Gottlieb Attachments: 2024-02-16 1053 EST - Scanned Document.pdf Counsel: I write to introduce myself as the point person at Cleary Go lieb Steen & Hamilton LLP (“Cleary”) in connec on with the non-party document and deposi on subpoena you issued to Cleary in the ma er of Kurt M. Roth v. Sotera Health et ano., CA No. 2022-1192-LWW before the Delaware Court of Chancery the (“Subpoena”). I have just become involved in this ma er, as it was only yesterday that Cleary received the Subpoena, which was served via the New York Department of State through Corpora on Service Company as per the a ached transmi al documents. Because we have just received it, I am wri ng to request an extension of Cleary’s deadline to serve responses and objec ons to the Subpoena, which would otherwise be due pursuant to N.Y. CPLR 3120 on February 21, 2024. I have also come to learn that there is discovery mo on, filed by plain ff a er it issued the Subpoena, pending in the underlying Delaware li ga on, whose outcome will likely impact the categories of documents responsive to the Subpoena. As a professional courtesy and in light of the schedule of proceedings before the Delaware Court, we ask for an extension un l one week a er the Delaware court resolves the mo on to compel. We likewise ask that the March 5, 2024 deposi on no ced in the Subpoena be adjourned un l a er the document issues are resolved. I am available to discuss this ma er today, but will be travelling out of the country Tuesday through Thursday of next week where I will be 7 hours ahead of Eastern me, making having a call next week, if needed, more logis cally challenging. I will be reachable by email. I thank you in advance for your courtesy and coopera on. — Boaz S. Morag Cleary Gottlieb Steen & Hamilton LLP Assistant: sdruckman@cgsh.com One Liberty Plaza, New York NY 10006 T: +1 212 225 2894 | M: +1 646 642 4028 bmorag@cgsh.com | clearygottlieb.com 1