FILED: NEW YORK COUNTY CLERK 09/08/ :05 PM INDEX NO /2015 NYSCEF DOC. NO. 443 RECEIVED NYSCEF: 09/08/2017. Exhibit A

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2 Ryan W. Sweeney From: Sent: To: Subject: Follow Up Flag: Flag Status: Categories: Kerryann Cook on behalf of CookGroup Wednesday, March 22, :26 PM Kathleen Evans; NYC Asbestos FW: Richard Hundertmark Follow up Completed NYCAL info, Backround info From: Jordan Fox Sent: Wednesday, March 22, :02 AM To: O'Leary, Richard P.; Shelley Olsen Cc: Joe Belluck; Peter Dinunzio; CookGroup; escontact1; Jessica Shapley Subject: RE: Richard Hundertmark Shelley: I will call Richard to discuss this. The 3101 disclosures are not generic as to the assigned experts. The defendants have now received the path, and we are seeking additional path from NYU. The defendants I am confident will have every opportunity to review these materials well in advance of any trial date. Jordan Jordan C. Fox Belluck & Fox LLP 546 Fifth Avenue New York, New York (212) From: O'Leary, Richard P. [mailto:richard.oleary@troutmansanders.com] Sent: Wednesday, March 22, :55 AM To: Shelley Olsen <srossoff@icloud.com> Cc: Joe Belluck <jbelluck@belluckfox.com>; peter.dinunzio@clydeco.us; Joseph.Baiocco@wilsonelser.com; Elizabeth.Young@wilsonelser.com; romick@lawlynch.com; tmalacrida@lcbf.com; nlakhani@smsm.com; tcoughlan@maronmarvel.com; mgorman@smsm.com; michelle.castle@mendes.com; abain@mdmc-law.com; vsquitieri@gordonrees.com; efile@lawampm.com; adean@smsm.com; shasan@steptoe.com; kferoleto@mdmc-law.com; jbeauvais@pvrplaw.com; eabbot@hptylaw.com; cmessemer@hwm-law.com; rlmendelsohn@mblaw.net; ddadlani@smsm.com; channan@kjmsh.com; jsh@wlbdeflaw.com; jeffrey.fegan@clydeco.us; lasoben1@aol.com; cookgroup@mklaw.us.com; 1

3 NYSCEF DOC. NO RECEIVED NYSCEF: 09/08/ Jordan Fox Subject: RE: Richard Hundertmark Shelley, I understand that point, but the 3101 (d) disclosures are generic. More importantly, the defendants cannot work up the medical defense without the pathology and medical materials that are still in the possession of plaintiff s counsel. Rich Sent from Troutman Sanders From: Shelley Olsen [mailto:srossoff@icloud.com] Sent: Tuesday, March 21, :34 AM To: O'Leary, Richard P. Cc: Joe Belluck; peter.dinunzio@clydeco.us; Joseph.Baiocco@wilsonelser.com; Elizabeth.Young@wilsonelser.com; romick@lawlynch.com; tmalacrida@lcbf.com; nlakhani@smsm.com; tcoughlan@maronmarvel.com; mgorman@smsm.com; michelle.castle@mendes.com; abain@mdmc-law.com; vsquitieri@gordonrees.com; efile@lawampm.com; adean@smsm.com; shasan@steptoe.com; kferoleto@mdmc-law.com; jbeauvais@pvrplaw.com; eabbot@hptylaw.com; cmessemer@hwm-law.com; rlmendelsohn@mblaw.net; ddadlani@smsm.com; channan@kjmsh.com; jsh@wlbdeflaw.com; jeffrey.fegan@clydeco.us; lasoben1@aol.com; cookgroup@mklaw.us.com; mgrady@eckertseamans.com; ctempesta@moodklaw.com; hollmannyscef@eckertseamans.com; dgoodearl@leaderberkon.com; nycal@lawwmm.com; mchase@pdltlaw.com; bsorensen@mdmc-law.com; cchamra@ofwvlaw.com; beth.hughes@morganlewis.com; ascholz@goldbergsegalla.com; dpugliese@mwe.com; ghodges@hwm-law.com; cm-nyscef@cm-legal.com; jyavitz@deybllp.com; newark.asbestos@klgates.com; jangiolillo@cullenanddykman.com; ruthe.nepf@thompsonhine.com; ewayne@mblaw.net; kmurphy@smsm.com; jburbridge@cullenanddykman.com; tmchugh@lavin-law.com; rmoor@mdmc-law.com; jlasala@mdmc-law.com; rbandlamudi@cullenanddykman.com; shalbardier@bmmfirm.com; mtanenbaum@tktrial.com; Jordan Fox; porourke@lbbslaw.com Subject: Re: Richard Hundertmark The point being you may not get a report. It's not required. Sent from my iphone On Mar 20, 2017, at 9:54 PM, O'Leary, Richard P. <Richard.OLeary@troutmansanders.com> wrote: Yes, but we have not received their reports. More importantly, we have not received the pathology and medical materials; so we cannot even begin our defense medical work up. Sent from Troutman Sanders - 2

4 On Mar 20, 2017, at 6:01 PM, Shelley Olsen wrote: Doesn't the discovery order give January 17 as the time to serve expert reports and/or 30101(d)(1) information? You got the or. Sent from my iphone On Mar 20, 2017, at 5:40 PM, O'Leary, Richard P. wrote: Dear Special Master Olsen: I write as medical defense counsel in the Richard Hundertmark case. The deadline for plaintiff to serve medical expert reports in this case was January 17,2017. Plaintiff s counsel did not serve the reports, but only served a list of expert witnesses and expert witness disclosure. Last week, I had my paralegal inquire about the plaintiff s medical expert reports, plaintiff s pathology and medical materials, and I had her request an extension of time for defendants to serve their defense medical expert reports. (see s below). Plaintiff s counsel s paralegal informed my paralegal that plaintiff s counsel could not agree to my requested extension. I respectfully request an extension of one and one half times the amount of time plaintiff s reports are late. Thank you for your consideration of my request. Respectfully, Rich O Leary Sent from Troutman Sanders - From: Jessica Shapley [mailto:jshapley@belluckfox.com] Sent: Thursday, March 16, :56 AM To: Kearney, Anne Marie Subject: RE: Hundertmark Hi Anne Marie, We are awaiting the return of the pathology materials from our expert and will forward them as soon as possible. Please note that we cannot consent to an extension as outlined below, as we have complied with the CMO in providing our an expert witness disclosure in this matter. However, we will obviously work with your firm in allowing you sufficient time to review the materials before asking for the case to be sent to a trial judge. Thank you, Jessica 3

5 From: Kearney, Anne Marie Sent: Wednesday, March 15, :47 PM To: Jessica Shapley Subject: Hundertmark Hi Jessica. We have yet to receive expert reports from your office in this case. In addition, pathology material has yet to be transferred to defense medical liaison. Accordingly, we are requesting an extension to serve defense expert reports (medical and otherwise). The usual protocol is an extension of one and one half the time that your office is late in serving/providing same. Please confirm that your office consents to the defense serving expert reports within the guidelines of this protocol. Also, please acknowledge that as of today, at the earliest, defense expert reports are not due until 7/18, which is three months after the current due date of 4/18 because your office is two months late in serving your reports. Thanks. Anne Marie Kearney Paralegal Direct: Third Avenue, Suite 1700 New York, NY troutmansanders.com Sent from Sent from Troutman Sanders This message (and any attachments) from Troutman Sanders LLP may contain legally privileged and confidential information solely for the use of the intended recipient. If you received this message in error, please delete the message and notify the sender. Any unauthorized reading, distribution, copying, or other use of this message (and attachments) is strictly prohibited. 4

6 This message (and any attachments) from Troutman Sanders LLP may contain legally privileged and confidential information solely for the use of the intended recipient. If you received this message in error, please delete the message and notify the sender. Any unauthorized reading, distribution, copying, or other use of this message (and attachments) is strictly prohibited. This message (and any attachments) from Troutman Sanders LLP may contain legally privileged and confidential information solely for the use of the intended recipient. If you received this message in error, please delete the message and notify the sender. Any unauthorized reading, distribution, copying, or other use of this message (and attachments) is strictly prohibited. 5

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