USDC SDNY DOCUMENT ELECTRONICALLY FILED a DOC #: DATE FILED: 2/18/2020 Howard |. Elman ELMAN FREIBERG PLLC Partner 646-780-8101 Main Tel. 646-780-8100 [email protected] Facsimile 646-780-8112

February 3, 2020 By ECF AND EMAIL APPLICATION GRANTED. Summary judgment motions a Daubert motions will be filed by March 6, 2020, responses t Hon. Katherine Polk Failla April 17, 2020, and replies by May 8, 2020, not to exceed th United States District Judge page limits agreed to by the parties in Dkt. No. 37. United States District Court Southern District of New York SO ORDERED. A MLR 40 Foley Square, Room 2103 2/18/2020. es LEWIS‘. LIMAN New York, NY 10007 United ane District Judge Re: — Proposed Briefing Schedule for Summary Judgment and Daubert Motions, Necessitated by Unsuccessful Mediation, in EVIP Canada, Inc. and Terracap Ventures, Inc. v. Schnader Harrison Segal & Lewis LLP and Joel Handel, No. 18 Civ. 11456 (KPF) (SLC) Dear Judge Failla: We represent Defendants in the above action and submit this letter on behalf of all parties. This letter is submitted pursuant to the orders of the Court issued during the pretrial conference on November 19, 2019 and by endorsement of the parties’ letter motion on December 4, 2019. The Court directed the parties, within two weeks of the mediation of this case, to submit a joint letter disclosing whether the mediation was successful and, if necessary, proposing a briefing schedule for motions for summary judgment and for motions under Federal Rules of Evidence 702-705 and Daubert v. Merrell Dow Pharmaceuticals, Inc.,

(1993). The parties mediated this case with a private mediator. Unfortunately, the mediation was unsuccessful. The parties therefore propose the following briefing schedule. Motions for summary judgment and Daubert-type motions will be filed by March 6, 2020. Opposing papers will be filed by April 17, 2020, and reply papers by May 8, 2020. Attached as Exhibit A is a copy of the transcript (mini-script version) of the pretrial conference of November 19, 2019. We request that the Court endorse this letter into an Order.

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Hon. Katherine Polk Failla February 3, 2020 Page 2 of 2 Respectfully submitted,

Howard I. Elman ce (by email): Anthony Princi, Esq. Attorney for Plaintiffs

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