Alan Rich

From: Alan J. Rich [arich@richlaw.us]

Sent: Tuesday, April 08, 2008 5:03 PM

To: Goldberg Mintzer, Jill

Subject: RE: 13 116 418 07 - Victoria Fuller and Interview Inc. and Brant Publication, Inc.

Page 1 of 3

7/18/2010

Dear Jill,

 

I suggest we put the arbitration over to June 10, the day after the conference. Please advise if you will 

email the AAA on behalf of us both or I should.

 

This is to also confirm the following with regard to the conference yesterday before Judge Sullivan and 

today before Mag. Judge Freeman:

 

Judge Sullivan permitted me to serve a limited number of discovery requests which I explained will assist 

plaintiff in assessing the defenses and claims of defendants and therefore to meaningfully participate in 

settlement. This included interrogatory requests with the Court permission, that are beyond the ordinary 

limitations per Local Civil Rule 33.3. I attach them here with certificate of service. While the Judge 

indicated that he would not order that they be responded to in a period shorter than 30 days, he urged 

that if the parties wished to resolve the matter, that it would be in our mutual interests they be responded 

to promptly.

 

We are to appear for a conference before Judge Sullivan on June 9, 2008 at 4:30 p.m. We are to jointly 

send him a status letter by June 2, 2008.

 

You agreed to provide me the documents previously provided in pdf form which I explained were not in a 

searchable format and that required opening nearly 30,000 individual computer files. You explained that 

those documents are in a searchable format if you provide them to me as native pst files which can then 

be loaded into a program such as outlook, viewed and searched. 

 

Additionally, as I indicated, I tried to run paper capture on the pdf documents that were supplied. That is a 

function within acrobat which modifies pdf files to enable pdf documents to be searched. Even when that 

program was run on the pdf documents you supplied, the paper capture function did not work. This is a 

function which must have been disabled by your office as the encoder. If you have run paper capture on 

the documents that you are providing, please either provide those versions, or, in the alternative, please 

remove the encoding function which disables me from running paper capture on the pdf files that you are 

serving.

 

We agreed in our phone conference with Mag. Judge Freeman today that after the discovery production, 

we would engage in settlement discussions between counsel and would have a telephone conference 

with the Magistrate on May 13, 2008 at 11 a.m. She indicated that if we settle the case we are to notify 

her and if we view that we need her assistance before the phone conference date, we may contact her.

 

As to your suggestion for arbitrating all the claims, I have conferred with my client and decline the offer.

 

Thank you for your kind cooperation regarding this matter. If you have any questions, please feel free to 

email or call.

 

Alan J. Rich, Esq.

Law Offices of Alan J. Rich, LLC

26 Court Street

Suite 1801

Brooklyn, New York 11242

Email: ARich@Richlaw.US

Office: 212 921-2244 

 

Case 1:07-cv-05728-RJS-DCF Document 55-12 Filed 07/22/10 Page 1 of 3
From: Goldberg Mintzer, Jill [mailto:Jill.GoldbergMintzer@srz.com] 

Sent: Tuesday, April 08, 2008 9:37 AM 

To: Alan J. Rich 

Subject: FW: 13 116 418 07 - Victoria Fuller and Interview Inc. and Brant Publication, Inc. 

It seems to me that we should request that the matter continue to be held in abeyance through the date of the 

next court conference, June 9.

 

That said, as discussed yesterday, we believe that it would be more efficient to put both matters before the AAA. 

Please let me know if your client would be amenable to this proposal.

 

Regards,

Jill

 

Jill Goldberg Mintzer

Tel: (212) 756-2331 

jill.goldbergmintzer@srz.com 

Schulte Roth & Zabel LLP 

919 Third Avenue, New York, NY 10022 

212.756.2000 │ 212.593.5955 fax 

 

From: Alicia DeSimone [mailto:DeSimoneA@adr.org] 

Sent: Monday, April 07, 2008 4:11 PM 

To: Goldberg Mintzer, Jill; arich@richlaw.us; Brossman, Mark; Gold, Scott 

Subject: RE: 13 116 418 07 - Victoria Fuller and Interview Inc. and Brant Publication, Inc. 

Dear Counsel,

This case was put into abeyance on February 8, 2008. Please advise as to the status of this matter. Thank you.

Alicia DeSimone

Case Manager

American Arbitration Association

Northeast Case Management Center

950 Warren Avenue

East Providence, RI 02914

401-431-4777

Toll Free: 866-293-4053 x4777

Fax:401-435-6529

www.adr.org

Supervisor Information: Laura VanEtten 401-431-4880 vanettenl@adr.org

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