February 27, 2023 Honorable Philip M. Halpern The Honorable Charles L. Brieant Jr. Federal Building and United States Courthouse 300 Quarropas Street White Plains, New York 10601-4150 Re: Tarrin Davis v. Metro-North Railroad Company, C.A. No. 7:22-cv-05841-PMH Dear Judge Halpern: Cahill & Perry, P.C. represents the plaintiff and submits this letter in response to the Court's February 21, 2023 Order [Doc. 22]. The plaintiff seeks Court intervention on the following issues: a proper certification page, and Requests 31, 32, 33, and 24. A conference has been scheduled for March 28, 2023 at 11:30 a.m. The plaintiff seeks an order {concerning the matters raised in plaintiff's letter dated February 27, provide a proper certification to its {2023 (Doc. 23). The conference will be held in person in Courtroom “under oath” or signed under “pain 2 of te wn oon ee. The parties are arected □□□□ ‘ ana conrer arc ' concemin ese Matters a sna 2 eat elrae, □□ endeavor to resolve their discovery disputes without the Court's certification merely states that “the intervention. The parties shall advise the Court by letter if the issues it is “under oath" or signed under Piraised herein have been resolved prior to the scheduled conference. Dignean,

, 458 (WJThe Clerk of Court is respectfully directed to terminate the pending sworn to before a notary public or qletter-motions (Docs. 19, 23). certification to indicate that it is “tru so ERED. With respect to Requests 3 / any responsive documents are bei Philip M. Halpern D, pp. 2-3 (Def.’s Second Supplem United States District Judge plaintiff seeks a Court Order comp unless defendant represents that n|Dated: White Plains, New York objections. See e.g. /d., Response February 28, 2023 (indicating, as required by Rule 34, that “defendant is not currently withholding documents on the basis of objections.”). The plaintiff seeks to compel MN to produce its contract with MetLife per Request 33: “MN and MetLife [Contract] for Supplemental Sickness Benefits in effect from 2019 to the present.” MetLife provides supplemental sickness benefits (sick-pay) to MN employees who miss work due to an injury. MN is asserting a lien on any recovery by the plaintiff for funds MetLife provided the plaintiff. See App. B (Email from MN Claim Agent Jon Gibbs asserting MetLife Lien). MN produced a provision of the Collective Bargaining Agreement (“CBA”) [Doc. 21-4 pp. 11-13] and did not produce the contract with MetLife. The CBAs reference to a right to set-off “Health and Welfare” benefits refers to on the job injury medical payments made by MN. The CBA does not allow or permit a “set-off for Supplemental Sickness Payments made by MetLife. See Def.’s Ex. D, Doc. 21-4, p. 12, Sec. 11-G-1; Torres v. Metro North,

at 2, 1:20-CV-10782 (LUL) (Feb. 17, 2023 S.D.N.Y.) (attached hereto at App. C.) (holding

MN has no right to set-off sick leave pay from FELA liability). The plaintiff seeks to compel MN to produce the contract with MetLife to assess whether MN or MetLife have a valid lien on plaintiffs MetLife Supplemental Sickness Benefits from her FELA recovery. The plaintiff also seeks an order compelling MN to produce responsive documents to Request 24. We thank the Court for its consideration of this request..

Respectfully submitted, ls] Scott E. Permy Scott E. Perry Cc: Patricia Hines, Esq. (Via ECF) Philip DiBerardino, Jr., Esq. (Via ECF)