Contract analysis

I. Identification of the Inadvertently Produced Document The document that is the subject of this clawback notice is identified as follows: Bates Number: BRB-012847 Document Type: Internal email communication Date of Document: September 14, 2024 Author / From: Joanna Reeves, Vice President, Special Assets Group, Belmont Ridge Bank NA Recipient / To: Margaret Linden, Senior Vice President & General Counsel, Belmont Ri

II. Circumstances of the Inadvertent Production On January 15, 2025, in accordance with the discovery schedule established by Justice Marchetti, BRB produced its initial set of responsive documents to your firm. That production comprised approximately 34,000 documents, all of which were reviewed by attorneys at Calderwood & Harkness LLP for privilege, responsiveness, and confidentiality designations pursuant to a sys

III. Legal Basis for Clawback A. Stipulated Confidentiality and Protective Order (December 20, 2024) The Protective Order entered by Justice Marchetti on December 20, 2024, which was negotiated and stipulated to by the parties, contains express provisions governing the treatment of inadvertently produced privileged documents. Specifically, Paragraph 12 of the Protective Order provides that, in the event a producing p

IV. Specific Demands In accordance with the Protective Order, CPLR § 3103, and the applicable law governing the clawback of inadvertently produced privileged documents, BRB hereby makes the following demands:

1. Immediate Sequestration. BRB demands that Kestrel Voss & Huang LLP and all persons to whom document BRB-012847 (Bates No. BRB-012847) has been provided, forwarded, or disclosed immediately sequester the document and all copies thereof, whether in paper or electronic form, and immediately refrain from any further review, copying, distribution, dissemination, or use of the document or any information contained there

2. Return or Destruction. BRB demands that all copies of BRB-012847 in the possession, custody, or control of Kestrel Voss & Huang LLP, Triton Harbor Industries, LLC, Marcus J. Kappel, Elaine D. Kappel, and any agents, experts, consultants, litigation support vendors, or other persons or entities to whom the document was provided, forwarded, or disclosed be returned to Calderwood & Harkness LLP or permanently destroy

3. No Use in Proceedings. BRB demands that neither Kestrel Voss & Huang LLP nor any counterclaim plaintiff (including Triton Harbor Industries, LLC, Marcus J. Kappel, and Elaine D. Kappel) use document BRB-012847, or any information derived therefrom, in any filing, motion, brief, memorandum of law, deposition, interrogatory response, hearing, trial, or other proceeding in this action or in any other action, proceedi

4. Written Confirmation of Compliance. BRB requests that Kestrel Voss & Huang LLP provide written confirmation to Calderwood & Harkness LLP within five (5) business days of receipt of this letter certifying that: (a) all copies of BRB-012847, in both paper and electronic form, have been returned to Calderwood & Harkness LLP or permanently destroyed; (b) no copies of the document have been retained in any form; (c) th

5. Identification of Recipients. BRB requests that Kestrel Voss & Huang LLP identify, in writing and within five (5) business days of receipt of this letter, all persons and entities to whom BRB-012847 was provided, forwarded, disclosed, or made available in any manner prior to receipt of this notice, including without limitation any attorneys, paralegals, legal assistants, litigation support staff, experts, consulta

V. Reservation of Rights BRB expressly reserves all rights and remedies available to it at law and in equity in connection with the inadvertent production of BRB-012847, including without limitation: (a) The right to seek relief from Justice Marchetti, including an order under CPLR § 3103 compelling the return of the document, prohibiting its use in this action or any other proceeding, and imposing any other appropri

VI. Supplemental Privilege Log Calderwood & Harkness LLP will supplement BRB's privilege log, which was initially produced on January 15, 2025 in connection with BRB's initial document production, to ensure that document BRB-012847 is properly reflected therein with the correct privilege designation and all required descriptive information, to the extent it is not already included. The supplemental privilege log entr

VII. Conclusion We trust that Kestrel Voss & Huang LLP will comply promptly and in good faith with the demands set forth in this letter, consistent with the obligations imposed by the Protective Order and applicable law. Should you have any questions or wish to discuss any aspect of this notice, please do not hesitate to contact me or my colleague Linda Osei at (212) 944-7215. We respectfully request prompt acknowled