Safflane Holdings Ltd. et al v. Gagosian Gallery, Inc.

Filing 51

ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Aaron Richard Golub dated 9/21/2011 re: Plaintiffs seek a modification of this Court's order dated September 21, 2011, concerning plaintiffs' September 20, 2011, letter application related to the Court ordered valuation reports. ENDORSEMENT: To clarify, the disclosures would be solely for settlement purposes. Failure to exchange such information would substantially undercut their utility in settlement discussions. (Signed by Magistrate Judge Michael H. Dolinger on 9/21/2011) (djc)

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Magistrate Judge Michael H. Dolinger
United States District Court
Southern District of New York
Courtroom: 17D
500 Pearl Street,
New York, NY 10007

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Re: Safflane Holdings Ltd. et aI. v. Gagosian Gallery, Inc.,
No. CV ll-1679-DLC and related action
Dear Judge Dolinger:
Plaintiffs seek a modification of this Court's order dated
September 21, 2011, concerning plaintiffs' September 20, 2011,
letter application related to the Court ordered valuation
reports.
Plaintiffs' September 20, 2011, letter application sought
permission to submit the valuation reports exclusively to the
Court in advance of the September 26, 2011, settlement
conference ("Settlement Conference"). The valuation reports are
preliminary, lengthy and detailed documents, prepared
specifically for the Settlement Conference and intended for the
Court's eyes only.
Plaintif
intended that the Court review
the valuation reports
advance the Settlement Conference for
Court's convenience; and in the interest of saving this
Court the time necessary to revie't"l the valuation reports at the
Settlement Conference and to aid in helping the Settlement
Conference proceed without any lengthy delays.
The valuation reporcs are not final and disclosing the
reports to opposing counsel would affect expert disclosure and
prejudice expert discovery, which plaintiffs do not want. Under
no circumstances do plaintiffs want to disclose their valuation
reports and the identity of the expert who prepared the reports

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Ron. Michael H. Dolinger
September 21, 2011
Page -2­
to opposing counsel.
In the event plaintiffs retain the same
ex:pert that prepared the valuation reports
the Settlement
Conference as the
expert in this matter, plaintiffs would be
extremely prejudiced.
Inasmuch as this
settlement, in no way
do plaintiffs want to disclose their valuation reports.
For the foregoing reasons, plaintiffs'
tfully request
that this Court modify its September 21, 2011/ order and direct
that valuation
be deemed confidential and to be
submitted only to the Court.

arg/dl
cc:

All opposing counsel

fax

FAX Cover Sheet

Date: September 21,2011
To:
Aaron Richard Golub, Esq.
Nehemiah Salomon Glanc, Esq.
Aaron Richard Golub, Esquire, PC
34 East 67th Street
3rd Floor
New York, NY 10065
(212)-838-4811
Fax: [phone]
Hollis Anne Bart, Esq.

Brian Dunefsky, Esq.

Dara G. Hammerman, Esq.

Withers Bergman, LLP

430 Park Avenue, 10th Fir.

New York, NY 10022

(212) 848~9800

Fax: (212)848~9888

Re:

Safflane Holdings, Ltd., v. Gagosian Gallery. Inc ..
11 Civ. 1679 (DLC) (MHD)
Endorsed order: liTo clarify, the disclosures would be solely for
settlement purposes. Failure to exchange such information would
substantially undercut their utility in settlement discussions. JJ

From:

Magistrate Judge Michael H. Dolinger
United States District Court
Southern District of New York
500 Pearl Street, Room 1670
New York, New York 10007-1312
FAX [phone]
TELEPHONE NUMBER [phone]

This document contains

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pages, including this cover sheet.