EFTA01107722.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: JP Morgan Chase & Co. NOTICE IS HEREBY GIVEN that pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Service and applicable state and federal laws, you are HEREBY COMMANDED TO APPEAR before the arbitrator on 2011 at , at the offices of the Judicial Arbitration and Mediation Service, at 620 Eighth Avenue, 34th Floor, New York, New York and to BRING AND PRODUCE DOCUMENTS as described on Exhibit A hereto. EFTA01107722 Dated: , 2011 Hon. Anthony J. Carpinello (Ret.) Arbitrator Requested by: SUSMAN GODFREY L.L.P. Hany P. Susman SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, Texas 77002-5096 Telephone: (713) 651-9366 Fax: (713) 654-6666 E-mail: hsusmanasusmangodfrty.com Attorneys for Respondent Counterclaimants and Third-Party Claimants Financial Trust Company, Inc. and Jeepers, Inc. EFTA01107723  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. EFTA01107724  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 1. "Epstein" means Jeffrey Epstein, Financial Trust Company, Inc. and Jeepers, Inc. and includes all their directors, officers, employees, representatives, agents, parents, subsidiaries, predecessors, affiliates, divisions, and anyone else acting on their behalf. 2. "Zwim Parties" means Daniel Zwim, D.B. Zwirn Partners, LLC, D.B. Zwirn & Co., L.P., DBZ GP, LLC, and Zwim Holdings, LLC, and includes all their members, employees, representatives, agents, predecessors, and anyone else acting on their behalf. 3. "Claimants" means Fortress VRF I LLC and Fortress Value Recovery Fund I LLC. 4. "Zwim Fund" means D.B. Zwim Special Opportunities Fund, L.P. n/k/a Fortress Value Recovery Fund I LLC and Rh Highbridge/Zwim Special Opportunities Fund, L.P. and includes its directors, officers, employees, representatives, agents, parents, subsidiaries, predecessors, affiliates, divisions, and anyone else acting on its behalf. 5. "Epstein's Claim" means Jeepers, Inc.'s Response and Financial Trust Company, Inc.'s and Jeepers, Inc.'s Statement of Counterclaim and Third-Party Claim in this arbitration, filed on May 21, 2010, a copy of which is attached as Exhibit A. 6. "JP Morgan" or "You" means JP Morgan Chase & Co., JP Morgan Asset Management, Highbridge Capital Corporation, and includes directors, officers, employees, representatives, agents, parents, subsidiaries, predecessors, affiliates, divisions, and anyone else acting on behalf of the forgoing entities. EFTA01107725  7. "Highbridge Managed Account" means the account owned by HCM/Z Special Opportunities LLC that was managed by D.B. Zwim & Co., L.P. 8. "Highbridge" means Highbridge Capital Management, LLC and Highbridge Capital Corporation and includes their directors, officers, employees, representatives, agents, parents, subsidiaries, predecessors, affiliates, divisions, and anyone else acting on their behalf. 9. "Glenn Dubin" means Glenn Dubin and any entity owned or controlled by him, including without limitation Dubin & Swieca Asset Management, LLC. 9. "Document" means any document including but not limited to correspondence, internal or external memoranda, letters, drafts, non-identical copies, notes including handwritten notes, minutes of meetings, call logs, records of conversations or messages, whether in writing or upon any mechanical, electrical, or electronic recording device, e-mail and voicemail, SMS, or text messages, tape or electronic recordings, videotapes, diaries, sketches or designs appointment or telephone records, newspaper or magazine articles, press releases, banking records and notices, and information of whatever kind stored on computers, including computer disks, hard drives, and other media. In all cases where originals or non-identical copies are not available, "documents" also means identical copies of original documents and copies of non-identical copies. 10. "Communication" means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise). 11. "Concerning" means relating to, referring to, describing, evidencing, or constituting. 12. "Person" means any natural person or any business, legal or governmental entity, or association. The term "person" includes both the singular and the plural. EFTA01107726  13. 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 documents concerning the repayment of advances made from the Highbridge Managed Account to other funds controlled by the Zwirn Entities, including without limitation any documentation of such advances, any promissory notes, documentation of whether such funds were repaid, and any disclosures made to Highbridge's investors about such advances. 2. All documents concerning any potential or actual liquidation of the Highbridge Managed Account, including documents sufficient to show the amount of money or assets that Highbridge recovered from the Managed Account from January 1, 2004 to the present. 3. All documents concerning any payments and/or loans made by Highbridge to the Zwim Entities and/or from the Zwim Entities to Highbridge from January 1, 2004 to the present. 4. All documents concerning the SEC investigation into the Zwim Fund, the Zwim Entities, and/or the Highbridge Managed Account, including without limitation documents relating to the SEC investigation into Highbridge's supervision of the Zwim Entities or Zwim Fund. 5. All documents concerning payments received by JP Morgan, Highbridge or Glenn Dubin, from the Zwirn Entities from January 1, 2004 to the present. 6. All documents concerning Epstein's investment in the Zwim Fund from January I, 2002. EFTA01107727  7. All documents concerning the effort to withdraw Highbridge's investment in the Highbridge Managed Account from January 1, 2004, including without limitation Highbridge's request to terminate immediately the Advisory Agreement between Highbridge and the Zwim Parties on January 26, 2007. 8. All documents concerning any oral requests to liquidate or reduce the assets in the Highbridge Managed Account from January 1, 2004, including without limitation a request made in March 2006. 9. All documents concerning the decision to terminate the Advisory Agreement on January 26, 2007, including without limitation any facts that Highbridge learned between October 30, 2006 and January 26, 2007 about the management of the Zwim Entities or the Managed Account. 10. All documents concerning any disclosures made by Highbridge to Epstein regarding the liquidation or termination of the Highbridge Managed Account. 11. All documents concerning JP Morgan's and/or Highbridge's knowledge from January 1, 2004 of the accounting irregularities at the Zwim Fund or Zwim Entities as described in Epstein's Claim. 12. All documents concerning JP Morgan's and/or Highbridge's disclosure to Epstein of Highbridge's knowledge of the accounting irregularities at the Zwim Fund or Zwim Entities as described in Epstein's Claim. 13. All document concerning the events described the Epstein's Claim. 14. All documents relating to the lawsuit entitled Daniel B. Zwim v. Corbin Capital Partners, L.P., 08/03392 (N.Y. Supr. Ct.). EFTA01107728