On May 11, 2018 a
Stipulation,Agreement
was filed
involving a dispute between
Cresco Labs Llc, An Illinois Limited Liability Company,
Cresco Labs New York, Llc,
A New York Limited Liability Company,
and
Eric Sirota,
Fiorello Pharmaceuticals, Inc.,
A New York Corporation,
John Does 1 - 10,
Susan Yoss,
for Commercial Division
in the District Court of New York County.
Preview
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------- =-------------------------------x : Index No. 652343/2018
:
CRESCO LABS NEW YORK, LLC, a New :
York limited liability company, : Hon. Charles E. Ramos
:
Plaintiff :
v. :
FIORELLO PHARMACEUTICALS, INC., a :
New York corporation, ERIC SIROTA, an :
individual, SUSAN YOSS, an individual, and :
JOHN DOES 1-10, :
Defendants.
-------------- ----------x :
STIPULATION
Plaintiff Cresco Labs New York, LLC ("Plaintiff") and Defeñdâñts Fiorello
Pharmaceuticals, Inc., Eric Sirota, and Susan Yoss (collectively, "Defendants"), by and through
their respective counsel, hereby stipulate and agree to a schedule for how to proceed in thiscase.
In support hereof, the Parties state as follows:
WHEREAS, pursuant to stipulation on September 25, 2018, the parties agreed to an
Defendants'
adjournment of all proceedings in thisaction, including the briefing on pending
motion to dismiss, so that they could engage in negotiations to determine whether itis possible to
resolve this matter without further litigation;
WHEREAS, pursuant to stipulation on September 25, 2018, the Parties are required to
propose a schedule on how to proceed by November 9, 2018;
WHEREAS, pursuant to an email from the Court on October 2, 2018, the return date on
Defeñdants'
motion to dismiss isNovember 19, 2018;
WHEREAS, the Parties have agreed that Plaintiff will file an amended complaint by
November 20, 2018;
WHEREAS, counsel for Defendants will promptly thereafter inform counsel for Plaintiff
ifthey intend to filean Answer or motion to dismiss, and the Parties will thereafter propose a
schedule for this Court's consideration;
Defendants'
WHEREAS, the Parties have agreed that now-pending motion to dismiss
shall be returnable on December 7, 2018;
NOW THEREFORE, the Parties hereby stipulate and agree that (i)Plaintiff's amended
complaiñt shall be due November 20, 2018; (ii)the parties will promptly thereafter propose a
schedule for Defendant to file an Answer to the Amended Complaint or a motion to dismiss; (iii)
Defendants'
now-pending motion to dismiss shall be returnable on December 7, 2018; and (iv)
for the purposes of this Stipulation, electronic or facsimile signatures shall have the same force
and effect as originals and this stipulation may be executed in one or more counterparts.
IT IS SO STIPULATED.
JENNE BLOCK L
Dated: By:
Stephen L. Ascher
Jason P. Hipp
919 Third Avenue
New York, New York 10022
212-891-1670
sascher@jenner.com
jhipp@jenner.com
Counsel for Plaintiff Cresco Labs New York,
LLC
2
IZOWE D A L
Dated: By:
Ronald D. Lefton
Rachel Izower-Fadde
85 Broad Street, Floor 18
New York, New York 10004
Tel: 646.688.3232
Fax: 646.304.7071
Counselfor Defendants Fiorello
Pharmaceuticals, Inc.,Eric Sirota, and Susan
Yoss
IT IS SO ORDERED.
Dated:
HONORABLE CHARLES E. RAMOS
,
3
Preview
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------- =-------------------------------x : Index No. 652343/2018 : CRESCO LABS NEW YORK, LLC, a New : York limited liability company, : Hon. Charles E. Ramos : Plaintiff : v. : FIORELLO PHARMACEUTICALS, INC., a : New York corporation, ERIC SIROTA, an : individual, SUSAN YOSS, an individual, and : JOHN DOES 1-10, : Defendants. -------------- ----------x : STIPULATION Plaintiff Cresco Labs New York, LLC ("Plaintiff") and Defeñdâñts Fiorello Pharmaceuticals, Inc., Eric Sirota, and Susan Yoss (collectively, "Defendants"), by and through their respective counsel, hereby stipulate and agree to a schedule for how to proceed in thiscase. In support hereof, the Parties state as follows: WHEREAS, pursuant to stipulation on September 25, 2018, the parties agreed to an Defendants' adjournment of all proceedings in thisaction, including the briefing on pending motion to dismiss, so that they could engage in negotiations to determine whether itis possible to resolve this matter without further litigation; WHEREAS, pursuant to stipulation on September 25, 2018, the Parties are required to propose a schedule on how to proceed by November 9, 2018; WHEREAS, pursuant to an email from the Court on October 2, 2018, the return date on Defeñdants' motion to dismiss isNovember 19, 2018; WHEREAS, the Parties have agreed that Plaintiff will file an amended complaint by November 20, 2018; WHEREAS, counsel for Defendants will promptly thereafter inform counsel for Plaintiff ifthey intend to filean Answer or motion to dismiss, and the Parties will thereafter propose a schedule for this Court's consideration; Defendants' WHEREAS, the Parties have agreed that now-pending motion to dismiss shall be returnable on December 7, 2018; NOW THEREFORE, the Parties hereby stipulate and agree that (i)Plaintiff's amended complaiñt shall be due November 20, 2018; (ii)the parties will promptly thereafter propose a schedule for Defendant to file an Answer to the Amended Complaint or a motion to dismiss; (iii) Defendants' now-pending motion to dismiss shall be returnable on December 7, 2018; and (iv) for the purposes of this Stipulation, electronic or facsimile signatures shall have the same force and effect as originals and this stipulation may be executed in one or more counterparts. IT IS SO STIPULATED. JENNE BLOCK L Dated: By: Stephen L. Ascher Jason P. Hipp 919 Third Avenue New York, New York 10022 212-891-1670 sascher@jenner.com jhipp@jenner.com Counsel for Plaintiff Cresco Labs New York, LLC 2 IZOWE D A L Dated: By: Ronald D. Lefton Rachel Izower-Fadde 85 Broad Street, Floor 18 New York, New York 10004 Tel: 646.688.3232 Fax: 646.304.7071 Counselfor Defendants Fiorello Pharmaceuticals, Inc.,Eric Sirota, and Susan Yoss IT IS SO ORDERED. Dated: HONORABLE CHARLES E. RAMOS , 3