EFTA01077310.pdf

Coo. y It AreStu K. Choudhury CONFIDENTIAL BY HAND DELIVERY March 25, 2011 Seth Ard, Esq. Susman Godfrey LLP 560 Lexington Ave, 15th Floor New York, New York 10022 RE: Fortress VRF I LLC, et al. v. Jeepers, Inc. Potential Bates Number Gaps Dear Seth: This letter references my March 18, 2011 letter under which we produced certain documents that you had identified in your February 3, 2011 email as bates ranges you were unable to find on the hard drive produced as DBZCO_FTC0000001A. We have determined that DBZ 0035150 - DBZ 0035153 are the bates numbers of CDs produced to the SEC, and the documents contained therein are on the hard drive we produced to you (DBZCO_FTC0000001A). We have not been able to locate documents bates numbered DBZ 0008634 - DBZ 0008855. Please find enclosed a CD bates numbered DBZCO_FTC0022279, containing DBZ 0029738 - DBZ 0029739 and DBZ 0029765 - DBZ 0029766. We also have become aware of documents without bates numbers that were produced to the SEC on the CD bates numbered DBZ 0010718. These documents may also be in our prior production. In any event, we have included them on the CD we produce today. Together with my March 18, 2011 letter, this addresses all of the issues raised in your February 3, 2011 email. All of the aforementioned documents should be treated as confidential and subject to the terms of the Confidentiality Agreement and Order that Hannah Sholl of Paul, Weiss, Rifkin, Wharton & Garrison LLP sent Harry Susman of Susman Godfrey LLP via email on October 7, 2010 ("Confidentiality Agreement). Although the parties have not executed this agreement, we are producing these documents because on October 9, 2010, Mr. Susman agreed to abide by the terms of the Confidentiality Agreement, unless and until the Confidentiality Agreement is modified. 1114 AVENUE OF THE AMERICAS. NEW YORK, NY 10334 T: F: EFTA01077310 Cooley CONFIDENTIAL Seth Ard, Esq. March 25, 2011 Page Two If you do not agree with any of the foregoing, please do not review the CD, and return it immediately. Sincerely, x Arastu K. Chaudhury 1114 AVENUE OF THE AMERICAS. NEW YORK. NY 10036 T: F: EFTA01077311