Preview
INDEX NO. 650159/2010
FILED: NEW YORK COUNTY CLERK 0372472011
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/24/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
~
meee.
HARVEY RUDMAN and HAROLD KUPLESKY, Index No, 650159/10
on behalf of Each of Them Individually And
Derivatively,
Plaintiffs,
-against- DEFENDANTS' FIRST SET
OF INTERROGATORIES
CAROL GRAM DEANE, ESTATE OF DISQUE D.
DEANE BY CAROL G. DEANE AS TEMPORARY
EXECUTRIX, SALT KETTLE LLC, ST. GERVAIS
LLC, STARRETT CITY PRESERVATION LLC,
DD SPRING CREEK LLC, SK SPRING CREEK
LLC, SPRING CREEK PLAZA LLC, DD
SHOPPING CENTER LLC and SK SHOPPING
CENTER LLC,
Defendants.
een cen men rem ene
PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law
and Rules, Defendants, by and through their undersigned attorneys, hereby propound the
following written Interrogatories to be answered by the Plaintiffs within thirty (30) days
from the date of receipt hereof. Each Interrogatory shall be answered separately and fully
in writing, under oath, and each answer shall be based on all information available to
Plaintiffs or its attorneys or agents, and on all documents or records in the possession,
custody or control of such persons. Defendants reserve the right to propound further
Interrogatories.
DEFINITIONS
As used herein, the following terms have the following meanings:
1, The term "communication" means the transmittal of information (in the form of
facts, ideas, inquiries or otherwise) and any records concerning such transmittal,
including any documents or materials exchanged, obtained, received or transmitted
therewith.
2. The terms “concerning” or "relating to" mean in any way relating to, concerning,
referring to, reflecting, recording, memorializing, showing, mentioning, supporting,
regarding, describing, evidencing or constituting, either directly or indirectly.
3. The terms "document" or "documents" mean any written, printed or recorded
matter of any kind, including but not limited to: all writings and recordings, including the
originals and all non-identical copies, whether different from the original by reason of any
notation made on such copies or otherwise (including but without limitation to email and
attachments, correspondence, memoranda, notes, diaries, minutes, statistics, letters,
telegrams, minutes, contracts, reports, studies, checks, statements, tags, labels, invoices,
brochures, periodicals, telegrams, receipts, returns, summaries, pamphlets, books,
interoffice and intraoffice communications, offers, notations of any sort of conversations,
working papers, applications, permits, file wrappers, indices, telephone calls, meetings or
printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations,
modifications, changes and amendments of any of the foregoing), graphic or aural
representations of any kind (including without limitation photographs, charts, microfiche,
microfilm, videotape, recordings, motion pictures, plans, drawings, surveys), and
electronic, mechanical, magnetic, optical or electric records or representations of any kind
(including without limitation computer files and programs, tapes, cassettes, discs,
recordings, audio systems, audiotapes and discs, back up data, cell phone memory, chat
rooms, computer users’ cookie files, databases, deleted information, drives, email, email
attachments, embedded data, external hard drives or "thumb" drives, fax machines,
handheld wireless devices, hardware, images, instant messages, internet cache files,
internet data, internet service providers, intranets, laptops, memory sticks and flash
media, metadata, paging devices, personal computers, personal digital assistants, printers,
removable discs including floppy discs, CDs and DVDs, servers (external and internal),
software, temporary files, videotapes, voicemail, word processing documents).
4, The terms "person" or "persons" mean any natural person, firm, association,
partnership, corporation or other form of legal, governmental or business entity, public or
private, and any present or former officer, director, partner, agent, employee or
representative of such entity.
5. The term "correspondence" means any letter, note, memorandum, report, notice,
facsimile transmission, e-mail transmission, and any document that was sent or received
from one or more persons to one or more persons, regardless of authorship or origin,
including that which was directed as a copy.
6. The terms "and" and "or" are used interchangeably and mean and are to be
construed either disjunctively or conjunctively as necessary to bring within the scope of
the discovery request any and all responses that might otherwise be construed to be
outside of the respondent's scope, and are to be read as requiring and requesting a broader
and expanded range of inclusive documents and shall not be interpreted or construed to be
exclusive in any manner.
7. In order to bring within the scope of these document requests all conceivably
relevant and responsive documents that might otherwise be construed to be outside their
scope:
a. the singular of each word shall be construed to include its plural and vice
versa;
b. the words "ail," "any," "each" and "every" shall each be construed as all,
any, cach and every;
c. the word "including" shall mean "including without limitation", and
d. whenever used herein, the past tense shall include the present tense, and
vice versa, and any reference to any gender includes the other gender,
8. The term "identify" (or a request to provide an "identity") when used with
respect to a Person means to state the full name, current, or if not available, last known
address, telephone number and affiliation with any parties to this action. "Identify" (or
request to provide and "identify") when used with respect to a document means to state
the author(s), date, recipient(s), type, subject matter and any bates or other identifying
number for the document.
9, All other names or terms herein not specifically defined or identified shall have
the same meaning as is commonly understood and referred to by and among the parties.
10. The terms "Plaintiffs," "you," or "your" mean, unless otherwise specified,
Harvey Rudman and Harold Kuplesky, and each of their affiliates, subsidiaries,
predecessors, successors, and all employees, agents, attorneys, accountants,
representatives and other persons who acted, or purported to act, on its behalf.
11. The term "Complaint" refers to the Second Amended Complaint filed by
Plaintiffs in this action.
12, The term "Defendants" refers to Carol Gram Deane, Estate of Disque D.
Deane, Salt Kettle LLC, St. Gervais LLC, Starrett City Preservation LLC, DD Spring
Creek LLC, SK Spring Creek LLC, Spring Creek Plaza LLC, DD Shopping Center LLC
and SK Shopping Center LLC.
13. The term "Answer" refers to the Answers filed by Defendants in this action.
14, The term "SCA" refers to Starrett City Associates LP.
15. The term "Kramer Levin" refers to the law firm of Kramer Levin Naftalis &
Frankel LLP.
16. The term "Sixteenth Amendment" refers to the Sixteenth Amendment to the
Second Amended and Restated Agreement of Limited Partnership for SCA.
INSTRUCTIONS
1. These Interrogatories are intended to cover all information and documents in
Plaintiffs' possession, custody or control or in the possession, custody or control of any of
Plaintiffs’ accountants, agents, attorneys, consultants, employees or representatives.
2. These Interrogatories call for all knowledge, information or belief in Plaintiffs’
possession, custody or control, and they are to be answered by a person having personal
knowledge of the facts of this case. In the event that any Interrogatory is answered upon
the basis of "information and belief" or any basis other than personal knowledge,
Plaintiffs should so indicate and state the source of the knowledge or information used in
formulating the answer, In the event that all such knowledge, information or belief is not
provided in Plaintiffs' responses, specify the respects in which the response fails to do so
and the reasons therefore.
3. Plaintiffs shall produce any and all drafts and copies of each document that are
responsive to any interrogatory, and all copies of such documents that are not identical in
any respect, including but not limited to copies containing handwritten notes, markings,
stamps or interlineations.
4. These interrogatories shall be deemed continuing so as to require prompt and
supplemental production or response if additional documents or information are obtained
between the time of initial production or response and time or hearing or trial, to the
extent that such obligation may be imposed under Article 31 of the CPLR.
5. Unless otherwise specified, each Interrogatory shall be construed
independently, and no request limits the scope of any other Interrogatory.
6. If any claim is made that any Interrogatory requests information that is
privileged, Plaintiffs are requested, in lieu of an answer, to submit a written statement
which complies with Article 31 of the Civil Practice Law and Rules and states the legal
and factual basis of the claimed privilege.
7, In the event that any document or information called for by these
Interrogatories has been destroyed or discarded, that document is to be identified by
indicating: (a) the type of document; (b) the subject matter of the document; (c) a
description thereof, including the date, author(s) and addressee(s), and recipient(s) if any;
(d) the date of such loss, misplacement or destruction and reason for destruction or
discard; (e) the person who destroyed the document; (f) the person who ordered its
destruction; (g) the location of any copy thereof; (h) number of pages; (i) the identity of
any enclosure(s) or attachment(s).
8. If Plaintiffs object to answering all or any part of an Interrogatory, the objection
and the specified grounds for the objection must be stated in writing in Plaintiffs'
response, If only a portion of an Interrogatory is objected to, Plaintiffs are required to
answer the remainder of such Interrogatory
9. If Plaintiffs are unable to answer fully any question, supply such information as
is available and explain why such answer is incomplete, what efforts have been made to
obtain the information and identify the source from which the complete answer can be
obtained.
10. Ifany information or data is withheld because such information or data is
stored only electronically, it is to be identified by the subject matter of the information or
data, the storage mode, and the place or places where such information is maintained. If
any of the information requested to be produced is available in machine-readable form
(such as puncheards, paper or magnetic tapes, drums, disks or core storage), state the
form in which it is available and describe the type of computer or other machinery
required to read the record. If the information requested is stored in a computer, indicate
whether you have an existing program which will print the records in a readable form and
identify the person(s) who are familiar with the program. If no program exists, state
whether you could develop one or whether an existing program could be modified to print
the records in a readable form.
11, The documents responsive to these Interrogatories are to be produced as they
were kept in the ordinary course of business and/or in the ordinary course of
recordkeeping, and are to be labeled in such a way as to indicate the files from which they
came.
INTERROGATORIES
Interrogatory Number 1:
Identify all persons with knowledge or information concerning the facts alleged in
the Complaint, and describe each person's knowledge.
Response to Interrogatory No.1:
Interrogatory Number 2:
Identify the limited partners of SCA that are alleged in the Complaint to have
questioned Disque D. Deane's ability to remain as MGP.
Response to Interrogatory No. 2:
Interrogatory Number 3:
Identify the limited partners to which each of the representations in Paragraph 40
of the Complaint were made.
Response to Interrogatory No. 3:
Interrogatory Number 4:
Identify any conversations or other communications that explain or clarify what is
meant by “upside” as that word is used in Paragraph 5 of the Complaint.
Response to Interrogatory No. 4:
Interrogatory Number 5:
Identify the members of “these constituencies” referred to in Paragraph 38 of the
Complaint.
Response to Interrogatory No. 5:
Interrogatory Number 6:
Identify the limited partner who "expressed to Carol Deane, Deane and Rudman"
his desire for Rudman and his team to have a real incentive to produce a profitable sale or
refinancing, as alleged in Paragraph 40 of the Complaint.
Response to Interrogatory No. 6:
Interrogatory Number 7:
Identify the limited partners to which each of the representations in Paragraph 40
of the Complaint were made.
Response to Interrogatory No. 7:
Interrogatory Number 8:
Identify the limited partners from whom “pressure . . . intensified” after Deane’s
stroke, as alleged in Paragraph 45 of the Complaint.
10
Response to Interrogatory No. 8:
Interrogatory Number 9:
Identify all individuals known to you to have been involved in the drafting of
footnote 1 to the SCA/SCI Consolidated Financial Statements, quoted in Paragraph 57 of
the Complaint.
Response to Interrogatory No. 9:
Interrogatory Number 10:
Lf Rudman was one of the individuals involved in drafting the above-mentioned
footnote 1, state the nature of his involvement with specificity.
Response to Interrogatory No. 10:
Interrogatory Number 11:
Identify the governmental regulators, lenders and limited partners that relied upon
the SCA/SCI Consolidated Financial Statements, as alleged in Paragraph 58 of the
Complaint.
Response to Interrogatory No. 11:
11
Interrogatory Number 12;
Identify all individuals having knowledge concerning the scope and meaning of
the Preservation Agreement.
Response to Interrogatory No. 12:
Interrogatory Number 13;
Identify all individuals having knowledge concerning the scope and meaning of
the Omnibus Assignments.
Response to Interrogatory No. 13:
Interrogatory Number 14:
Identify with specificity all acts, if any, taken by plaintiffs in connection with the
December 2009 refinancing of SCA.
Response to Interrogatory No. 14:
Interrogatory Number 15:
Identify all individuals with whom a refinancing of Starrett City was discussed in
2005 as alleged in Paragraph 60 of the Complaint, and for each identified individual
describe the participants and substance of each such conversation.
12
Response to Interrogatory No. 15:
Interrogatory Number 16:
Identify all individuals involved in the decision to identify plaintiffs in the draft
sales contract alleged in Paragraph 63 of the Complaint.
Response to Interrogatory No. 16:
Interrogatory Number f7:
Identify all individuals with whom a refinancing of Starrett City was discussed in
the second half of 2007 as alleged in Paragraph 64 of the Complaint, and for each
identified individual describe the participants and substance of each such conversation.
Response to Interrogatory No. 17:
Interrogatory Number 18:
Identify all individuals with whom a mutually agreed-upon structure for a
refinancing of Starrett City was discussed "throughout early 2008" as alleged in
Paragraph 65 of the Complaint, and for each identified individual describe the
participants and substance of each such conversation.
Response to Interrogatory No. 18:
13
Interrogatory Number 19:
Identify the representatives of the MGP who discussed the possibility of
refinancing Starrett City with Starrett City during the summer and fall of 2008 as alleged
in Paragraph 68 of the Complaint.
Response to Interrogatory No. 19:
Interrogatory Number 20:
Identify all individuals who participated in discussions about a refinancing with
Wachovia Bank in late fall or December 2008 as alleged in Paragraph 69 of the
Complaint, and for each identified individual describe the participants and substance of
each such conversation.
Response to Interrogatory No. 20:
Interrogatory Number 21:
Identify the “representatives of SCA” who “met with tenants of Starrett City and
elected officials to explain the proposed transaction,” as alleged in Paragraph 72 of the
Complaint.
Response to Interrogatory No. 21:
Interrogatory Number 22:
14
aoe
Identify the individual that communicated to Kuplesky on or about February 13,
2009 that he ceased being a member of Cork and of the Board of Preservation as alleged
in Paragraph 93 of the Complaint.
Response to Interrogatory No. 22:
Interrogatory Number 23:
Identify with specificity all “discussions” that Plaintiffs allege began prior to
December 15, 2008 and also February 13, 2009 that “resulted in the Refinancing,” as
alleged in Paragraph 95 of the Complaint.
Response to Interrogatory No. 23:
Interrogatory Number 24:
Identify with specificity the "various machinations" Deane and SKI engaged in to
avoid their obligations to plaintiffs as alleged in Paragraph 97 of the Complaint.
Response to Interrogatory No. 24:
Interrogatory Number 25:
Identify each and every person who has provided information utilized in the
preparation of the responses to these interrogatories, and, as to each such person:
(a) identify each interrogatory to which that person's information, contribution or
15
participation relates; and
(b) describe the information provided by that person and/or the person's
contribution or participation.
Response to Interrogatory No. 25:
Interrogatory Number 26:
Identify all persons whom Plaintiffs expect to call as experts at the time of trial and
for each such witness, set forth:
(a) their academic background, including colleges, universities, institutes and
courses of study attended, ail with the years of attendance and dates of any
degrees, diplomas or certificates and the precise scope of those duties as they relate
to their area of expertise;
(b) a summary of their experience in their area of expertise, including dates, places
and scope of such experience;
(c) the terms of their retention, including the fee to be paid, if any;
(d) the subject matter which the expert is expected to testify about;
(c) the substance of the facts and opinions to which the expert is expected to
testify,
(f) the summary of the grounds for each opinion and the dates in which these facts
and opinions were submitted to the Plaintiffs;
16
Response to Interrogatory No. 26:
Interrogatory Number 27:
Set forth the exact calculation of all damages alleged in the Complaint.
Response to Interrogatory No. 27
Dated: New York, New York
March 24, 2011
WARNER PARTNERS, P.C.
Attorneys for Defendants Estate of Disque
D. Deane by Carol G. Deane as Temporary
Executrix, Salt Kettle LLC, St. Gervais
LLC, DD Spring Creek LLC, SK Spring
Creek LLC, DD Shopping Center LLC and
SK Shopping Center LLC
By: er)
Kenneth E. Warner
950 Third Avenue, 32™ Floor
New York, NY 10022
Tel: 212-593-8000
NEWMAN & GREENBERG
s for Carol Gram Deane
By: 4 andl A. Graor.
Richard A. Greenberg
950 Third Avenue, 32™ Floor
New York, NY 10022
Tel: 212-308-7900
17
Preview
INDEX NO. 650159/2010 FILED: NEW YORK COUNTY CLERK 0372472011 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/24/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ~ meee. HARVEY RUDMAN and HAROLD KUPLESKY, Index No, 650159/10 on behalf of Each of Them Individually And Derivatively, Plaintiffs, -against- DEFENDANTS' FIRST SET OF INTERROGATORIES CAROL GRAM DEANE, ESTATE OF DISQUE D. DEANE BY CAROL G. DEANE AS TEMPORARY EXECUTRIX, SALT KETTLE LLC, ST. GERVAIS LLC, STARRETT CITY PRESERVATION LLC, DD SPRING CREEK LLC, SK SPRING CREEK LLC, SPRING CREEK PLAZA LLC, DD SHOPPING CENTER LLC and SK SHOPPING CENTER LLC, Defendants. een cen men rem ene PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules, Defendants, by and through their undersigned attorneys, hereby propound the following written Interrogatories to be answered by the Plaintiffs within thirty (30) days from the date of receipt hereof. Each Interrogatory shall be answered separately and fully in writing, under oath, and each answer shall be based on all information available to Plaintiffs or its attorneys or agents, and on all documents or records in the possession, custody or control of such persons. Defendants reserve the right to propound further Interrogatories. DEFINITIONS As used herein, the following terms have the following meanings: 1, The term "communication" means the transmittal of information (in the form of facts, ideas, inquiries or otherwise) and any records concerning such transmittal, including any documents or materials exchanged, obtained, received or transmitted therewith. 2. The terms “concerning” or "relating to" mean in any way relating to, concerning, referring to, reflecting, recording, memorializing, showing, mentioning, supporting, regarding, describing, evidencing or constituting, either directly or indirectly. 3. The terms "document" or "documents" mean any written, printed or recorded matter of any kind, including but not limited to: all writings and recordings, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copies or otherwise (including but without limitation to email and attachments, correspondence, memoranda, notes, diaries, minutes, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, tags, labels, invoices, brochures, periodicals, telegrams, receipts, returns, summaries, pamphlets, books, interoffice and intraoffice communications, offers, notations of any sort of conversations, working papers, applications, permits, file wrappers, indices, telephone calls, meetings or printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications, changes and amendments of any of the foregoing), graphic or aural representations of any kind (including without limitation photographs, charts, microfiche, microfilm, videotape, recordings, motion pictures, plans, drawings, surveys), and electronic, mechanical, magnetic, optical or electric records or representations of any kind (including without limitation computer files and programs, tapes, cassettes, discs, recordings, audio systems, audiotapes and discs, back up data, cell phone memory, chat rooms, computer users’ cookie files, databases, deleted information, drives, email, email attachments, embedded data, external hard drives or "thumb" drives, fax machines, handheld wireless devices, hardware, images, instant messages, internet cache files, internet data, internet service providers, intranets, laptops, memory sticks and flash media, metadata, paging devices, personal computers, personal digital assistants, printers, removable discs including floppy discs, CDs and DVDs, servers (external and internal), software, temporary files, videotapes, voicemail, word processing documents). 4, The terms "person" or "persons" mean any natural person, firm, association, partnership, corporation or other form of legal, governmental or business entity, public or private, and any present or former officer, director, partner, agent, employee or representative of such entity. 5. The term "correspondence" means any letter, note, memorandum, report, notice, facsimile transmission, e-mail transmission, and any document that was sent or received from one or more persons to one or more persons, regardless of authorship or origin, including that which was directed as a copy. 6. The terms "and" and "or" are used interchangeably and mean and are to be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request any and all responses that might otherwise be construed to be outside of the respondent's scope, and are to be read as requiring and requesting a broader and expanded range of inclusive documents and shall not be interpreted or construed to be exclusive in any manner. 7. In order to bring within the scope of these document requests all conceivably relevant and responsive documents that might otherwise be construed to be outside their scope: a. the singular of each word shall be construed to include its plural and vice versa; b. the words "ail," "any," "each" and "every" shall each be construed as all, any, cach and every; c. the word "including" shall mean "including without limitation", and d. whenever used herein, the past tense shall include the present tense, and vice versa, and any reference to any gender includes the other gender, 8. The term "identify" (or a request to provide an "identity") when used with respect to a Person means to state the full name, current, or if not available, last known address, telephone number and affiliation with any parties to this action. "Identify" (or request to provide and "identify") when used with respect to a document means to state the author(s), date, recipient(s), type, subject matter and any bates or other identifying number for the document. 9, All other names or terms herein not specifically defined or identified shall have the same meaning as is commonly understood and referred to by and among the parties. 10. The terms "Plaintiffs," "you," or "your" mean, unless otherwise specified, Harvey Rudman and Harold Kuplesky, and each of their affiliates, subsidiaries, predecessors, successors, and all employees, agents, attorneys, accountants, representatives and other persons who acted, or purported to act, on its behalf. 11. The term "Complaint" refers to the Second Amended Complaint filed by Plaintiffs in this action. 12, The term "Defendants" refers to Carol Gram Deane, Estate of Disque D. Deane, Salt Kettle LLC, St. Gervais LLC, Starrett City Preservation LLC, DD Spring Creek LLC, SK Spring Creek LLC, Spring Creek Plaza LLC, DD Shopping Center LLC and SK Shopping Center LLC. 13. The term "Answer" refers to the Answers filed by Defendants in this action. 14, The term "SCA" refers to Starrett City Associates LP. 15. The term "Kramer Levin" refers to the law firm of Kramer Levin Naftalis & Frankel LLP. 16. The term "Sixteenth Amendment" refers to the Sixteenth Amendment to the Second Amended and Restated Agreement of Limited Partnership for SCA. INSTRUCTIONS 1. These Interrogatories are intended to cover all information and documents in Plaintiffs' possession, custody or control or in the possession, custody or control of any of Plaintiffs’ accountants, agents, attorneys, consultants, employees or representatives. 2. These Interrogatories call for all knowledge, information or belief in Plaintiffs’ possession, custody or control, and they are to be answered by a person having personal knowledge of the facts of this case. In the event that any Interrogatory is answered upon the basis of "information and belief" or any basis other than personal knowledge, Plaintiffs should so indicate and state the source of the knowledge or information used in formulating the answer, In the event that all such knowledge, information or belief is not provided in Plaintiffs' responses, specify the respects in which the response fails to do so and the reasons therefore. 3. Plaintiffs shall produce any and all drafts and copies of each document that are responsive to any interrogatory, and all copies of such documents that are not identical in any respect, including but not limited to copies containing handwritten notes, markings, stamps or interlineations. 4. These interrogatories shall be deemed continuing so as to require prompt and supplemental production or response if additional documents or information are obtained between the time of initial production or response and time or hearing or trial, to the extent that such obligation may be imposed under Article 31 of the CPLR. 5. Unless otherwise specified, each Interrogatory shall be construed independently, and no request limits the scope of any other Interrogatory. 6. If any claim is made that any Interrogatory requests information that is privileged, Plaintiffs are requested, in lieu of an answer, to submit a written statement which complies with Article 31 of the Civil Practice Law and Rules and states the legal and factual basis of the claimed privilege. 7, In the event that any document or information called for by these Interrogatories has been destroyed or discarded, that document is to be identified by indicating: (a) the type of document; (b) the subject matter of the document; (c) a description thereof, including the date, author(s) and addressee(s), and recipient(s) if any; (d) the date of such loss, misplacement or destruction and reason for destruction or discard; (e) the person who destroyed the document; (f) the person who ordered its destruction; (g) the location of any copy thereof; (h) number of pages; (i) the identity of any enclosure(s) or attachment(s). 8. If Plaintiffs object to answering all or any part of an Interrogatory, the objection and the specified grounds for the objection must be stated in writing in Plaintiffs' response, If only a portion of an Interrogatory is objected to, Plaintiffs are required to answer the remainder of such Interrogatory 9. If Plaintiffs are unable to answer fully any question, supply such information as is available and explain why such answer is incomplete, what efforts have been made to obtain the information and identify the source from which the complete answer can be obtained. 10. Ifany information or data is withheld because such information or data is stored only electronically, it is to be identified by the subject matter of the information or data, the storage mode, and the place or places where such information is maintained. If any of the information requested to be produced is available in machine-readable form (such as puncheards, paper or magnetic tapes, drums, disks or core storage), state the form in which it is available and describe the type of computer or other machinery required to read the record. If the information requested is stored in a computer, indicate whether you have an existing program which will print the records in a readable form and identify the person(s) who are familiar with the program. If no program exists, state whether you could develop one or whether an existing program could be modified to print the records in a readable form. 11, The documents responsive to these Interrogatories are to be produced as they were kept in the ordinary course of business and/or in the ordinary course of recordkeeping, and are to be labeled in such a way as to indicate the files from which they came. INTERROGATORIES Interrogatory Number 1: Identify all persons with knowledge or information concerning the facts alleged in the Complaint, and describe each person's knowledge. Response to Interrogatory No.1: Interrogatory Number 2: Identify the limited partners of SCA that are alleged in the Complaint to have questioned Disque D. Deane's ability to remain as MGP. Response to Interrogatory No. 2: Interrogatory Number 3: Identify the limited partners to which each of the representations in Paragraph 40 of the Complaint were made. Response to Interrogatory No. 3: Interrogatory Number 4: Identify any conversations or other communications that explain or clarify what is meant by “upside” as that word is used in Paragraph 5 of the Complaint. Response to Interrogatory No. 4: Interrogatory Number 5: Identify the members of “these constituencies” referred to in Paragraph 38 of the Complaint. Response to Interrogatory No. 5: Interrogatory Number 6: Identify the limited partner who "expressed to Carol Deane, Deane and Rudman" his desire for Rudman and his team to have a real incentive to produce a profitable sale or refinancing, as alleged in Paragraph 40 of the Complaint. Response to Interrogatory No. 6: Interrogatory Number 7: Identify the limited partners to which each of the representations in Paragraph 40 of the Complaint were made. Response to Interrogatory No. 7: Interrogatory Number 8: Identify the limited partners from whom “pressure . . . intensified” after Deane’s stroke, as alleged in Paragraph 45 of the Complaint. 10 Response to Interrogatory No. 8: Interrogatory Number 9: Identify all individuals known to you to have been involved in the drafting of footnote 1 to the SCA/SCI Consolidated Financial Statements, quoted in Paragraph 57 of the Complaint. Response to Interrogatory No. 9: Interrogatory Number 10: Lf Rudman was one of the individuals involved in drafting the above-mentioned footnote 1, state the nature of his involvement with specificity. Response to Interrogatory No. 10: Interrogatory Number 11: Identify the governmental regulators, lenders and limited partners that relied upon the SCA/SCI Consolidated Financial Statements, as alleged in Paragraph 58 of the Complaint. Response to Interrogatory No. 11: 11 Interrogatory Number 12; Identify all individuals having knowledge concerning the scope and meaning of the Preservation Agreement. Response to Interrogatory No. 12: Interrogatory Number 13; Identify all individuals having knowledge concerning the scope and meaning of the Omnibus Assignments. Response to Interrogatory No. 13: Interrogatory Number 14: Identify with specificity all acts, if any, taken by plaintiffs in connection with the December 2009 refinancing of SCA. Response to Interrogatory No. 14: Interrogatory Number 15: Identify all individuals with whom a refinancing of Starrett City was discussed in 2005 as alleged in Paragraph 60 of the Complaint, and for each identified individual describe the participants and substance of each such conversation. 12 Response to Interrogatory No. 15: Interrogatory Number 16: Identify all individuals involved in the decision to identify plaintiffs in the draft sales contract alleged in Paragraph 63 of the Complaint. Response to Interrogatory No. 16: Interrogatory Number f7: Identify all individuals with whom a refinancing of Starrett City was discussed in the second half of 2007 as alleged in Paragraph 64 of the Complaint, and for each identified individual describe the participants and substance of each such conversation. Response to Interrogatory No. 17: Interrogatory Number 18: Identify all individuals with whom a mutually agreed-upon structure for a refinancing of Starrett City was discussed "throughout early 2008" as alleged in Paragraph 65 of the Complaint, and for each identified individual describe the participants and substance of each such conversation. Response to Interrogatory No. 18: 13 Interrogatory Number 19: Identify the representatives of the MGP who discussed the possibility of refinancing Starrett City with Starrett City during the summer and fall of 2008 as alleged in Paragraph 68 of the Complaint. Response to Interrogatory No. 19: Interrogatory Number 20: Identify all individuals who participated in discussions about a refinancing with Wachovia Bank in late fall or December 2008 as alleged in Paragraph 69 of the Complaint, and for each identified individual describe the participants and substance of each such conversation. Response to Interrogatory No. 20: Interrogatory Number 21: Identify the “representatives of SCA” who “met with tenants of Starrett City and elected officials to explain the proposed transaction,” as alleged in Paragraph 72 of the Complaint. Response to Interrogatory No. 21: Interrogatory Number 22: 14 aoe Identify the individual that communicated to Kuplesky on or about February 13, 2009 that he ceased being a member of Cork and of the Board of Preservation as alleged in Paragraph 93 of the Complaint. Response to Interrogatory No. 22: Interrogatory Number 23: Identify with specificity all “discussions” that Plaintiffs allege began prior to December 15, 2008 and also February 13, 2009 that “resulted in the Refinancing,” as alleged in Paragraph 95 of the Complaint. Response to Interrogatory No. 23: Interrogatory Number 24: Identify with specificity the "various machinations" Deane and SKI engaged in to avoid their obligations to plaintiffs as alleged in Paragraph 97 of the Complaint. Response to Interrogatory No. 24: Interrogatory Number 25: Identify each and every person who has provided information utilized in the preparation of the responses to these interrogatories, and, as to each such person: (a) identify each interrogatory to which that person's information, contribution or 15 participation relates; and (b) describe the information provided by that person and/or the person's contribution or participation. Response to Interrogatory No. 25: Interrogatory Number 26: Identify all persons whom Plaintiffs expect to call as experts at the time of trial and for each such witness, set forth: (a) their academic background, including colleges, universities, institutes and courses of study attended, ail with the years of attendance and dates of any degrees, diplomas or certificates and the precise scope of those duties as they relate to their area of expertise; (b) a summary of their experience in their area of expertise, including dates, places and scope of such experience; (c) the terms of their retention, including the fee to be paid, if any; (d) the subject matter which the expert is expected to testify about; (c) the substance of the facts and opinions to which the expert is expected to testify, (f) the summary of the grounds for each opinion and the dates in which these facts and opinions were submitted to the Plaintiffs; 16 Response to Interrogatory No. 26: Interrogatory Number 27: Set forth the exact calculation of all damages alleged in the Complaint. Response to Interrogatory No. 27 Dated: New York, New York March 24, 2011 WARNER PARTNERS, P.C. Attorneys for Defendants Estate of Disque D. Deane by Carol G. Deane as Temporary Executrix, Salt Kettle LLC, St. Gervais LLC, DD Spring Creek LLC, SK Spring Creek LLC, DD Shopping Center LLC and SK Shopping Center LLC By: er) Kenneth E. Warner 950 Third Avenue, 32™ Floor New York, NY 10022 Tel: 212-593-8000 NEWMAN & GREENBERG s for Carol Gram Deane By: 4 andl A. Graor. Richard A. Greenberg 950 Third Avenue, 32™ Floor New York, NY 10022 Tel: 212-308-7900 17