Anwar et al v. Fairfield Greenwich Limited et al

Filing 1155

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 6/20/2013 re: I am counsel for the Maridom Plaintiffs and am writing as Liaison Counsel for the Standard Chartered Plaintiffs' Steering Committee. This letter concerns the failure of those taking depositions in the above-referenced case (primarily, it appears, counsel for Citco from Paul, Weiss) to provide notice to us of scheduled depositions. ENDORSEMENT: Since The Standard Chartered Plaintiffs are now aware of the remaining depositions schedule, I see no emergency. To the extent prior notice was deficient, I expect counsel to confer, and they may submit any unresolved issues to me for resolution. (Signed by Magistrate Judge Frank Maas on 6/21/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al. (djc)

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DATE FILED:

June 20, 2013

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Re: Anwar v. Fairfield Greenwich
No. 09-cv-118 (S.D.N.Y.)
Standard Chartered Cases
Dear Judge Maas:

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I am counsel for the Maridom Plaintiffs and am writing as Liaison j...LJ--..o (u -t, 0 u-......
Counsel for the Standard Chartered Plaintiffs' Steering Committee.
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This letter concerns the failure ofthose taking depositions in the
above-referenced case (primarily, it appears, counsel for Citco from Paul,
Weiss) to provide notice to us of scheduled depositions. This practice has
continued after our strenuous protest at a deposition of the Fairfield "risk
manager" in New York three days ago (of which we were provided one
business day's notice) to not being notified -- even while counsel has been
providing notice to the Standard Chartered Defendants -- of upcoming
depositions.
The failure to provide us notice, while simultaneously informing our
opposing counsel of scheduled depositions, is not only improper and unfair,
but it is also violative of the pretrial order governing the Anwar cases, which
states: "The parties further agree to exercise best efforts, through interim co­
lead counsel for Plaintiffs and designated counsel for Defendants, to
coordinate discovery in this action with discovery in all actions consolidated
in this Consolidated Action." (DE 651, 1112/10, at 3, , 5)

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Hon. Frank Maas
June 20, 2013
Page 2

The latest example ofthis practice is the deposition being conducted
today, in Denver, Colorado, of Gil Berman. l We have no idea when Standard
Chartered was provided notice of this deposition, but we have strong reason
to believe that a Sullivan & Cromwell LLP associate is sitting in at the
deposition as it occurs. The undersigned Liaison Counsel did not receive
notice of this deposition until an email from that associate this morning with
call-in information. While Anwar Plaintiffs' counsel (not the party taking the
deposition, Citco) did inform one of the members of the Standard Chartered
Plaintiffs' Steering Committee at 6:25 PM yesterday, even this was obviously
not enough notice to prepare for this deposition by telephone, let alone attend
In person.
We are not seeking by this letter to pin blame on the lawyers who
knew that we were not being provided notice, did not provide notice, or
otherwise violated the Anwar pretrial order. Instead, we are seeking an
immediate order to avoid future harm and preserve our rights to remedy the
failures to provide notice.
We respectfully request that Your Honor issue an immediate
emergency order:
1. Requiring those conducting all remaining depositions in the Anwar
case to provide us immediate notice concerning all remaining
depositions, including date, location, time, and call-in information
(if we wish to participate by telephone);
2. Requiring those conducting all remaining depositions in the Anwar
case to provide us an opportunity at least equal in time to that
afforded Standard Chartered to conduct cross-examination;

3. Reserving our right to reopen, for 30 minutes' elapsed time, any
deposition taken during the last two weeks for which we were not
provided reasonable notice (which we believe should be defined as
at least the earliest notice provided to Standard Chartered of the
possible dates of those depositions, i.e., not the "final, final" notice
only).
Berman, a consultant to Fairfield Greenwich, apparently counseled
Fairfield Greenwich to verify the existence of the assets supposedly being
held at Madoffs firm, and who also apparently counseled Fairfield that "the
[Madoff] [t}rades can't all be profitable 100 percent, not even Madoff."

Hon. Frank Maas
June 20, 2013
Page 3

4. Requiring Standard Chartered's counsel and those counsel
planning depositions taken during the last two weeks to provide the
undersigned prompt notice of all notice provided to Standard
Chartered of the possible dates of those depositions, i.e., not the
"final, final" notice only.
In the meantime, we reserve the right to seek to reopen any deposition
for which we were provided less than ample notice (which, when it came,
usually came from Standard Chartered, albeit generally at the last minute).
We stand ready to engage in any telephone conference Your Honor
may schedule.
Sincerely yours,
The Brodsky Law Firm

Richard E. Brodsky

cc:

Counsel for Standard Chartered Defendants
Counsel for Standard Chartered Plaintiffs
Counsel for Anwar parties sending and receiving emails re depositions