Preview
FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020
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, :
: AFFIRMATION OF STEPHEN L.
v. : ASCHER IN SUPPORT OF
: PLAINTIFFS’ MOTION TO SEAL
FIORELLO PHARMACEUTICALS, INC., a :
New York corporation, :
:
Defendant/Counterclaimant, :
:
and :
:
JOHN DOES 1–10, :
:
Defendants. :
----------------------------------------------------------- X
I, Stephen L. Ascher, being duly sworn, depose and say the following statements to be true:
1. I am an attorney and partner at the law firm Jenner & Block, LLP and represent
Cresco Labs New York, LLC and Cresco Labs, LLC (collectively, “Cresco” or “Plaintiffs”), in
this proceeding against Fiorello Pharmaceuticals, Inc. (“Defendant”) and John Does 1-10.
2. Unless specifically stated, I have personal knowledge of each of the matters set
forth below and, if called as a witness, could and would testify competently thereto under oath.
3. On February 28, 2020, Plaintiffs filed redacted versions of the Affirmation of
Stephen L. Ascher in Support of Plaintiffs’ Motion for Leave to Amend, Exhibits A and B to the
Affirmation of Stephen L. Ascher in Support of Plaintiffs’ Motion for Leave to Amend, and a
Memorandum of Law in Support of Plaintiffs’ Motion for Leave to Amend (collectively, the
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FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020
“Sensitive Documents”), among other documents. The unredacted versions of the Sensitive
Documents are attached hereto as Exhibits A, B, C, and D.
4. The Sensitive Documents incorporate financial information about the
consideration amount for a proposed transaction between Plaintiffs and Defendant, financial
information about an acquisition that Plaintiffs completed, and financial information about a
sales transaction Defendant completed.
5. The Sensitive Documents also incorporate new allegations based on information
Plaintiffs obtained through documents produced by Defendant in this matter, including
documents that Defendant has designated “Confidential” or “Attorneys’ Eyes Only.”
6. There is a stipulation and order governing the production and exchange of
confidential information in this matter.
7. Because the Sensitive Documents incorporate information that Defendant
designated “Confidential” or “Attorneys’ Eyes Only,” prior to filing them, Plaintiffs provided
Defendant with unredacted drafts of Exhibits A and B to the Affirmation of Stephen L. Ascher in
Support of Plaintiffs’ Motion for Leave to Amend.
8. Defendant requested several redactions to the documents. Defendant’s requested
redactions were of financial terms of proposed and completed transactions, with one exception.
Defendant also requested a redaction to the last sentence of paragraph 56 of Exhibits A and B,
which includes information that is not a financial term of a transaction.
9. Plaintiffs informed Defendant that Defendant had not provided a legitimate basis
to redact the last sentence of paragraph 56, and that Plaintiff would inform the Court that the
redaction was disputed and should be lifted if Defendant did not make an independent motion to
maintain the redaction.
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NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020
10. Plaintiffs applied all redactions requested by Defendant to all of the Sensitive
Documents. Plaintiffs also redacted financial information relating to Plaintiffs’ completed
acquisition.
11. I affirm that the foregoing is true under penalty of perjury.
New York, New York
February 28, 2020 _/s Stephen L. Ascher _
Stephen L. Ascher, Esq.
Jenner & Block LLP
Counsel for Plaintiffs
Cresco Labs New York, LLC and
Cresco Labs, LLC
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FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020
CERTIFICATION OF COMPLIANCE WITH WORD COUNT LIMIT
I hereby certify pursuant to Rule 17 of the Rules of Practice for the Commercial Division
that the total number of words in this affirmation, exclusive of the caption and signature block, is
439.
Dated: February 28, 2020
New York, New York /s Stephen L. Ascher _
Stephen L. Ascher
919 Third Avenue
New York, New York 10022
212-891-1670
sascher@jenner.com
Counsel for Plaintiffs
Cresco Labs New York, LLC and
Cresco Labs, LLC
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Preview
FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020 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, : : AFFIRMATION OF STEPHEN L. v. : ASCHER IN SUPPORT OF : PLAINTIFFS’ MOTION TO SEAL FIORELLO PHARMACEUTICALS, INC., a : New York corporation, : : Defendant/Counterclaimant, : : and : : JOHN DOES 1–10, : : Defendants. : ----------------------------------------------------------- X I, Stephen L. Ascher, being duly sworn, depose and say the following statements to be true: 1. I am an attorney and partner at the law firm Jenner & Block, LLP and represent Cresco Labs New York, LLC and Cresco Labs, LLC (collectively, “Cresco” or “Plaintiffs”), in this proceeding against Fiorello Pharmaceuticals, Inc. (“Defendant”) and John Does 1-10. 2. Unless specifically stated, I have personal knowledge of each of the matters set forth below and, if called as a witness, could and would testify competently thereto under oath. 3. On February 28, 2020, Plaintiffs filed redacted versions of the Affirmation of Stephen L. Ascher in Support of Plaintiffs’ Motion for Leave to Amend, Exhibits A and B to the Affirmation of Stephen L. Ascher in Support of Plaintiffs’ Motion for Leave to Amend, and a Memorandum of Law in Support of Plaintiffs’ Motion for Leave to Amend (collectively, the 1 1 of 4 FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020 “Sensitive Documents”), among other documents. The unredacted versions of the Sensitive Documents are attached hereto as Exhibits A, B, C, and D. 4. The Sensitive Documents incorporate financial information about the consideration amount for a proposed transaction between Plaintiffs and Defendant, financial information about an acquisition that Plaintiffs completed, and financial information about a sales transaction Defendant completed. 5. The Sensitive Documents also incorporate new allegations based on information Plaintiffs obtained through documents produced by Defendant in this matter, including documents that Defendant has designated “Confidential” or “Attorneys’ Eyes Only.” 6. There is a stipulation and order governing the production and exchange of confidential information in this matter. 7. Because the Sensitive Documents incorporate information that Defendant designated “Confidential” or “Attorneys’ Eyes Only,” prior to filing them, Plaintiffs provided Defendant with unredacted drafts of Exhibits A and B to the Affirmation of Stephen L. Ascher in Support of Plaintiffs’ Motion for Leave to Amend. 8. Defendant requested several redactions to the documents. Defendant’s requested redactions were of financial terms of proposed and completed transactions, with one exception. Defendant also requested a redaction to the last sentence of paragraph 56 of Exhibits A and B, which includes information that is not a financial term of a transaction. 9. Plaintiffs informed Defendant that Defendant had not provided a legitimate basis to redact the last sentence of paragraph 56, and that Plaintiff would inform the Court that the redaction was disputed and should be lifted if Defendant did not make an independent motion to maintain the redaction. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020 10. Plaintiffs applied all redactions requested by Defendant to all of the Sensitive Documents. Plaintiffs also redacted financial information relating to Plaintiffs’ completed acquisition. 11. I affirm that the foregoing is true under penalty of perjury. New York, New York February 28, 2020 _/s Stephen L. Ascher _ Stephen L. Ascher, Esq. Jenner & Block LLP Counsel for Plaintiffs Cresco Labs New York, LLC and Cresco Labs, LLC 3 3 of 4 FILED: NEW YORK COUNTY CLERK 02/28/2020 04:59 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 02/28/2020 CERTIFICATION OF COMPLIANCE WITH WORD COUNT LIMIT I hereby certify pursuant to Rule 17 of the Rules of Practice for the Commercial Division that the total number of words in this affirmation, exclusive of the caption and signature block, is 439. Dated: February 28, 2020 New York, New York /s Stephen L. Ascher _ Stephen L. Ascher 919 Third Avenue New York, New York 10022 212-891-1670 sascher@jenner.com Counsel for Plaintiffs Cresco Labs New York, LLC and Cresco Labs, LLC 4 4 of 4