On June 04, 2020 a
Motion-Secondary
was filed
involving a dispute between
Talis Healthcare, Llc,
and
Asit Choksi M.D.,
Texienne Physicians Medical Association, Pllc,
for Commercial Division
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 08/19/2020 03:05 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
TALIS HEALTHCARE, LLC,
Plaintiff, Index No. 605409/2020
Motion Sequence No. 3
-against-
AFFIRMATION OF DMITRY
TEXIENNE PHYSICIANS MEDICAL SHIFRIN
ASSOCIATION, PLLC, ASIT CHOKSI, M.D.,
Defendants.
ATTORNEY AFFIRMATION OF DMITRY SHIFRIN
Dmitry Shifrin, affirms the following to be true under the penalties of perjury:
1. I am an attorney admitted pro hac vice to practice in Nassau County, New York. I
am a shareholder in the law firm of Polsinelli PC, 150 North Riverside Plaza, Suite 3000,
Chicago, Illinois 60606. Polsinelli PC serves as counsel for Plaintiff Talis Healthcare, LLC in
this case.
2. Attached as Exhibit A is a true and correct copy of Defendants’ 8-5-20 Original
Petition seeking injunctive relief in Montgomery County, Texas, without exhibits.
3. Attached as Exhibit B is a true and correct copy of Defendants’ 8-17-20 Motion
for Nonsuit in Montgomery County, Texas.
4. Attached as Exhibit C is a true and correct copy of Talis’ Motion to Dismiss
Based on Mandatory Forum Selection Clause, without exhibits.
5. Attached as Exhibit D is a true and correct copy of Talis’ Response in Opposition
to TPMA and Dr. Choksi’s Original Petition and Verified Application for Temporary
Restraining Order and Temporary Injunction, without exhibits.
6. Attached as Exhibit E is a true and correct copy of TPMA’s 5-5-20 Original
Petition in Harris County, Texas.
7. Attached as Exhibit F is a true and correct copy of TPMA’s Motion for NonSuit
in Harris County, Texas.
8. Attached as Exhibit H is a true and correct copy of the 8-18-20 email exchange
between counsel and this Court.
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FILED: NASSAU COUNTY CLERK 08/19/2020 03:05 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/19/2020
9. Attached as Exhibit I is a true and correct copy of the 8-13-20 email exchange
between Plaintiff’s counsel, Defendants’ counsel, and Aetna.
10. Attached as Exhibit J is a true and correct copy of Defendants’ 7-6-20
Counterclaims.
11. Attached as Exhibit K is a true and correct copy of the Management Services
Agreement.
12. Attached as Exhibit L is a true and correct copy of the Promissory Note and
Guaranty.
13. Attached as Exhibit M is a true and correct copy of Talis’ 11-14-19 UCC-1
financing statement.
14. Attached as Exhibit N is a true and correct copy of Talis’ 5-6-20 termination
notice.
15. Attached as Exhibit O is a true and correct copy of the McKesson Guaranty
Agreement.
16. Attached as Exhibit P is a true and correct copy of McKesson’s lien against Talis.
17. Attached as Exhibit Q is a true and correct copy of a list of all UCC liens against
TPMA (including Talis’ and McKesson’s).
18. Attached as Exhibit R is a true and correct copy of this Court’s 7-17-20 Order.
19. Attached as Exhibit S is a true and correct copy of the 7-31-20 letter from
defense counsel to Aetna.
20. Attached as Exhibit T is a true and correct copy of the 8-18-20 email from Dr.
Choksi to Aetna.
21. Attached as Exhibit U is a true and correct copy of the contract between Talis and
Legacy.
Dated: August 19, 2020
_/s/ Dmitry Shifrin_____________
Dmitry Shifrin
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FILED: NASSAU COUNTY CLERK 08/19/2020 03:05 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/19/2020
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Document Filed Date
August 19, 2020
Case Filing Date
June 04, 2020
Category
Commercial Division
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FILED: NASSAU COUNTY CLERK 08/19/2020 03:05 PM INDEX NO. 605409/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU TALIS HEALTHCARE, LLC, Plaintiff, Index No. 605409/2020 Motion Sequence No. 3 -against- AFFIRMATION OF DMITRY TEXIENNE PHYSICIANS MEDICAL SHIFRIN ASSOCIATION, PLLC, ASIT CHOKSI, M.D., Defendants. ATTORNEY AFFIRMATION OF DMITRY SHIFRIN Dmitry Shifrin, affirms the following to be true under the penalties of perjury: 1. I am an attorney admitted pro hac vice to practice in Nassau County, New York. I am a shareholder in the law firm of Polsinelli PC, 150 North Riverside Plaza, Suite 3000, Chicago, Illinois 60606. Polsinelli PC serves as counsel for Plaintiff Talis Healthcare, LLC in this case. 2. Attached as Exhibit A is a true and correct copy of Defendants’ 8-5-20 Original Petition seeking injunctive relief in Montgomery County, Texas, without exhibits. 3. Attached as Exhibit B is a true and correct copy of Defendants’ 8-17-20 Motion for Nonsuit in Montgomery County, Texas. 4. Attached as Exhibit C is a true and correct copy of Talis’ Motion to Dismiss Based on Mandatory Forum Selection Clause, without exhibits. 5. Attached as Exhibit D is a true and correct copy of Talis’ Response in Opposition to TPMA and Dr. Choksi’s Original Petition and Verified Application for Temporary Restraining Order and Temporary Injunction, without exhibits. 6. Attached as Exhibit E is a true and correct copy of TPMA’s 5-5-20 Original Petition in Harris County, Texas. 7. Attached as Exhibit F is a true and correct copy of TPMA’s Motion for NonSuit in Harris County, Texas. 8. Attached as Exhibit H is a true and correct copy of the 8-18-20 email exchange between counsel and this Court. 1 1 of 3 FILED: NASSAU COUNTY CLERK 08/19/2020 03:05 PM INDEX NO. 605409/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/19/2020 9. Attached as Exhibit I is a true and correct copy of the 8-13-20 email exchange between Plaintiff’s counsel, Defendants’ counsel, and Aetna. 10. Attached as Exhibit J is a true and correct copy of Defendants’ 7-6-20 Counterclaims. 11. Attached as Exhibit K is a true and correct copy of the Management Services Agreement. 12. Attached as Exhibit L is a true and correct copy of the Promissory Note and Guaranty. 13. Attached as Exhibit M is a true and correct copy of Talis’ 11-14-19 UCC-1 financing statement. 14. Attached as Exhibit N is a true and correct copy of Talis’ 5-6-20 termination notice. 15. Attached as Exhibit O is a true and correct copy of the McKesson Guaranty Agreement. 16. Attached as Exhibit P is a true and correct copy of McKesson’s lien against Talis. 17. Attached as Exhibit Q is a true and correct copy of a list of all UCC liens against TPMA (including Talis’ and McKesson’s). 18. Attached as Exhibit R is a true and correct copy of this Court’s 7-17-20 Order. 19. Attached as Exhibit S is a true and correct copy of the 7-31-20 letter from defense counsel to Aetna. 20. Attached as Exhibit T is a true and correct copy of the 8-18-20 email from Dr. Choksi to Aetna. 21. Attached as Exhibit U is a true and correct copy of the contract between Talis and Legacy. Dated: August 19, 2020 _/s/ Dmitry Shifrin_____________ Dmitry Shifrin 2 2 of 3 FILED: NASSAU COUNTY CLERK 08/19/2020 03:05 PM INDEX NO. 605409/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/19/2020 3 3 of 3