Motion-Secondary: Peter Stern, Express Trade Capital, Inc. v. Oleg Ardachev, Air Cargo Services, Llc, Delex Inc., Delex Air Cargo Llc. (Delaware), Delex Air Cargo Llc. (Washington)

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                                FILED:         NEW     YORK       COUNTY        CLERK        09/21/2018             04:43        PM                 INDEX    NO.   653476/2013
   NYSCEF     DOC.   NO.   181                                                                                RECEIVED      NYSCEF:     09/21/2018




                    SUPREME       COURT      OF   THE   STATE     OF   NEW     YORK
                    COUNTY       OF  NEW     YORK
                    -----------------------------------------x

                                                                                            :
                    PETER     STERN     and  EXPRESS       TRADE     CAPITAL,
                    INC.,                                                                            Index  No.  653476/13

                                                                                                     (J. Hagler)
                                                                 Plaintiffs,                :


                             -against-                                                      :        AFFIDAVIT        OF
                                                                                                     PETER     STERN      IN
                    OLEG    ARDACHEV,         AIR   CARGO       SERVICES      L.L.C.,       :        OPPOSITION         TO   MOTION
                    DELEX     INC.,   DELEX     AIR   CARGO,      LLC,   a Delaware                  TO   COMPEL        DISCOVERY
                    limited  liability company,    and  DELEX      AIR   CARGO,             :

                    LLC,   a Washington     limited  liability company,


                                                                 Defendants.


                    ---  - -- ____-____--______.....-------------X


                    STATE     OF  NEW     YORK          )

                                                        ) ss:
                    COUNTY       OF  NEW     YORK     )


                             PETER     STERN,     being  duly  sworn,   deposes   and  says:



                             1.       I am  a plaintiff in this  action  and  the President   and  owner   of  co-plaintiff  Express



                    Trade   Capital  Inc. ("Express    Trade").   I am  personally   familiar   with  the facts  and  circumstances


                                                                                     defendants'
                    of the  action  and  submit  this  affidavit  in opposition   to                motion   to compel    discovery


                    (the "Motion").


                                                                                    defendants'
                             2.       I am  fully familiar   and  have  reviewed                   [Third]  Demand     for Production



                    of Documents.


                                                                 plaintiffs'
                             3.       With   the exception    of             tax  returns, which    are not  relevant  and  are


                                                 plaintiffs'                   plaintiffs'
                    addressed    separately  by              counsel,   all of              responsive   documents     have  already


                    been  produced.




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   FILED:         NEW     YORK       COUNTY        CLERK        09/21/2018             04:43        PM                                                                        INDEX    NO.   653476/2013
   NYSCEF     DOC.   NO.   181                                                                                                                                       RECEIVED      NYSCEF:     09/21/2018




                                       4.           For   the
                                                                foregoing        reasons,      I
                                                                                                  respectfully
                                                                                                                      request     that    the   Motion       to  compel



                           discovery        be   denied.




                                                                                                                             PE              T    RN


                                orn    to  before     me    this


                                day
                                Notary
                                              gly
                                         Public   - State
                                                          QQof New
                                           No.02PE838BB38

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