EFTA00585104.pdf

JAMS ARBITRATION IN THE MATTER OF FORTRESS VRF I LLC and FORTRESS VALUE RECOVERY FUND I LLC, Claimants v. JEEPERS, INC., Respondent Case No. 1425006537 and FINANCIAL TRUST COMPANY, INC. and JEEPERS, INC., Counterclaimants and Third-Party Claimants v. Arbitrator: Hon. Anthony J. Carpinello D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. k/n/a FORTRESS VALUE RECOVERY FUND I LLC, Counter-Respondent and D.B. ZWIRN PARTNERS, LLC, D.B. ZWIRN & CO., L.P., DBZ GP, LLC, ZWIRN HOLDINGS, LLC, DANIEL ZWIRN, and Third-Party Respondents SUBPOENA DUCES TECUM To: Harold Kahn Gravitas 475 Park Avenue South, 32nd Floor Ne 6 Tel NOTICE IS HEREBY GIVEN that pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Service and applicable state and federal EFTA00585104 laws, you are HEREBY COMMANDED TO BRING AND PRODUCE DOCUMENTS before the arbitrator on July 20, 2011 at 10 am to the offices of Susman Godfrey, LLP, 560 Lexington Ave, 15th Floor, New York, New York, 10022, as described on Exhibit A hereto. Dated: , 2011 Hon. Anthony J. Carpinello (Ret.) Arbitrator Requested by: SUSMAN GODFREY L.L.P. Harry P. Susman SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002-5096 Tele Fax: E-mail: Stephen D. Susman Seth Ard 560 Lexington Ave, 15th Floor New York, New York 10022 Tele Fax: E-mal : E-mail: Attorneys for Respondent Counterclaimants and Third-Party Claimants Financial Trust Company, Inc. and Jeepers, Inc. EFTA00585105  JAMS ARBITRATION IN THE MATTER OF FORTRESS VRF I LLC and FORTRESS VALUE RECOVERY FUND I LLC, Claimants v. JEEPERS, INC., Respondent Case No. 1425006537 and FINANCIAL TRUST COMPANY, INC. and JEEPERS, INC., Counterclaimants and Third-Party Claimants v. Arbitrator: Hon. Anthony J. Carpinello D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. k/n/a FORTRESS VALUE RECOVERY FUND I LLC, Counter-Respondent and D.B. ZWIRN PARTNERS, LLC, D.B. ZWIRN & CO., L.P., DBZ GP, LLC, ZWIRN HOLDINGS, LLC, DANIEL ZWIRN, and Third-Party Respondents EXHIBIT A INSTRUCTIONS 1. These requests apply to all documents within your possession, custody, or control, including, but not limited to, all documents in the possession, custody, or control of your attorneys, agents, representatives, accountants, and employees. EFTA00585106  2. For any responsive documents withheld from production, state the date, authors, recipients, type of document, subject matter, number of pages, and the basis of the claim of privilege asserted. DEFINITIONS I. "Zwim Entities" means Daniel Zwim, D.B. Zwim Partners, LLC, D.B. Zwim & Co., L.P., DBZ GP, LLC, and Zwim Holdings, LLC, and includes all their respective members, managers, general partners, limited partners, employees, representatives, agents, parents, subsidiaries, predecessors, affiliates, divisions, and anyone else acting on their behalf. 3. "You" means Harold Kahn. 4. Rules of construction: "All" and "each" shall be construed as all and each; "and" and "of shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this request all requests that might otherwise be construed to be outside its scope; the use of the singular form of any word includes the plural and vice versa; "any" includes and encompasses the words "each" and "all"; terms used in the present tense include terms in the past tense and terms in the past tense include terms in the present tense. DOCUMENT REOUESTS 1. All copies of testimony or written statements by You in any SEC investigation relating to the Zwim Entities. EFTA00585107