On May 11, 2018 a
Motion,Ex Parte
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
FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 03/02/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------- X
CRESCO LABS NEW YORK, LLC, a New :
York limited liability company, and CRESCO : Index No. 652343/2018
LABS, LLC, an Illinois limited liability :
company, : Hon. Andrew Borrok
:
Plaintiffs/Counterclaim Defendants, :
:
v. : NOTICE OF MOTION
:
FIORELLO PHARMACEUTICALS, INC., a :
New York corporation, :
:
Defendant/Counterclaimant, :
:
and :
:
JOHN DOES 1–10, :
:
Defendants. :
----------------------------------------------------------- X
PLEASE TAKE NOTICE, upon the Memorandum of Law, dated February 28, 2020, and
the Affirmation of Stephen L. Ascher, dated February 28, 2020, together with exhibits thereto,
Plaintiffs Cresco Labs, LLC and Cresco Labs New York, LLC, by and through their counsel,
will move this Court at the New York Supreme Court, New York County, 60 Centre Street, New
York, New York, in Room 130, on March 10, 2020 at 9:30 am, or as soon thereafter as counsel
may be heard, for an order pursuant to 22 N.Y.C.R.R. § 216.1 permitting the filing under seal of
an unredacted version of the Affidavit of Stephen L. Ascher in Support of Plaintiffs’ Motion for
Leave to Amend, unredacted versions of Exhibits A and B to the Affidavit of Stephen L. Ascher
in Support of Plaintiffs’ Motion for Leave to Amend, and an unredacted version of the
Memorandum of Law in Support of Plaintiffs’ Motion for Leave to Amend.
1
1 of 2
FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 03/02/2020
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers
and cross motions, if any, must be served upon the undersigned at least two days prior to the
return date of this motion.
JENNER & BLOCK LLP
Dated: New York, New York By: /s Stephen L. Ascher______
March 2, 2020 Stephen L. Ascher
Jason P. Hipp
Melissa T. Fedornak
919 Third Avenue
New York, New York 10022
212-891-1670
sascher@jenner.com
jhipp@jenner.com
mfedornak@jenner.com
Counsel for Plaintiffs
Cresco Labs New York, LLC and
Cresco Labs, LLC
2
2 of 2
Document Filed Date
February 28, 2020
Case Filing Date
May 11, 2018
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------- X CRESCO LABS NEW YORK, LLC, a New : York limited liability company, and CRESCO : Index No. 652343/2018 LABS, LLC, an Illinois limited liability : company, : Hon. Andrew Borrok : Plaintiffs/Counterclaim Defendants, : : v. : NOTICE OF MOTION : FIORELLO PHARMACEUTICALS, INC., a : New York corporation, : : Defendant/Counterclaimant, : : and : : JOHN DOES 1–10, : : Defendants. : ----------------------------------------------------------- X PLEASE TAKE NOTICE, upon the Memorandum of Law, dated February 28, 2020, and the Affirmation of Stephen L. Ascher, dated February 28, 2020, together with exhibits thereto, Plaintiffs Cresco Labs, LLC and Cresco Labs New York, LLC, by and through their counsel, will move this Court at the New York Supreme Court, New York County, 60 Centre Street, New York, New York, in Room 130, on March 10, 2020 at 9:30 am, or as soon thereafter as counsel may be heard, for an order pursuant to 22 N.Y.C.R.R. § 216.1 permitting the filing under seal of an unredacted version of the Affidavit of Stephen L. Ascher in Support of Plaintiffs’ Motion for Leave to Amend, unredacted versions of Exhibits A and B to the Affidavit of Stephen L. Ascher in Support of Plaintiffs’ Motion for Leave to Amend, and an unredacted version of the Memorandum of Law in Support of Plaintiffs’ Motion for Leave to Amend. 1 1 of 2 FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 03/02/2020 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers and cross motions, if any, must be served upon the undersigned at least two days prior to the return date of this motion. JENNER & BLOCK LLP Dated: New York, New York By: /s Stephen L. Ascher______ March 2, 2020 Stephen L. Ascher Jason P. Hipp Melissa T. Fedornak 919 Third Avenue New York, New York 10022 212-891-1670 sascher@jenner.com jhipp@jenner.com mfedornak@jenner.com Counsel for Plaintiffs Cresco Labs New York, LLC and Cresco Labs, LLC 2 2 of 2