Anwar et al v. Fairfield Greenwich Limited et al

Filing 1295

LETTER addressed to Magistrate Judge Frank Maas from Andrew Gordon dated August 4, 2014 re: Request for pre-motion conference. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gordon, Andrew)

EXHIBIT A

ORIGINAL
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Anwar, et al.,
Plaintiffs,
09 Civ. 0118 (VM)
ECF Case

v.
Fairfield Greenwich Limited, et al.
Defendants.

THE CITCO ADMINISTRATORS' SECOND SET OF
CONTENTION INTERROGATORIES TO PLAINTIFFS
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and
Rule 33.3(c) of the Local Rules, Defendants Citco Fund Services (Europe) B.V. and
Citco (Canada) Inc. (collectively, the "Citco Administrators") hereby request that, within
thirty days of the date of service of these Contention Interrogatories, and in accordance
with the following Definitions and Instructions, Plaintiffs answer in writing the following
interrogatories (the "Interrogatories"):
DEFINITIONS
1.

Defendant incorporates by reference the Uniform Definitions in

Discovery Requests set forth in Rule 26.3 of the Local Rules.
2.

"Plaintiff," "You," "Your," or "Class" means all members of the

class certified under Federal Rule of Civil Procedure 23(b) by the District Court on
February 25, 2013, and modified by stipulation among the parties on May 7, 2013, and,
where applicable, any and all of their respective agents, advisors, officers, directors,
administrators, members, employees, partners, trustees, fiduciaries, investigators,

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representatives, attorneys, successors-in-interest, corporate parents, subsidiaries or
affiliates, and all other persons or entities acting on their behalf or under their control.
3.

"Your Investment" includes each and every subscription, switch,

transfer, or redemption made by You or on Your behalf in any of the Funds.
4.

"Your Initial Investment" means the first investment made by You

or on Your behalf in the Funds, as distinguished from subsequent investments and
decisions to maintain existing investments in Paragraph 335 of the SCAC, as amended on
May 14, 2014.
5.

"Include" and "including" shall each be interpreted in every

instance as being illustrative of the information requested, shall be read as "including, but
not limited to," and shall not be interpreted to exclude any information otherwise within
the scope of these Interrogatories.
6.

"CFSE" means Defendant Citco Fund Services (Europe) B.V.

7.

"CCI" means Defendant Citco (Canada) Inc.

8.

The "Funds" means Fairfield Sentry, Fairfield Sigma, Greenwich

Sentry, and Greenwich Sentry Partners.
9.

"Fairfield Sentry" means Fairfield Sentry Limited, a hedge fund

that was incorporated as an international business company in the British Virgin Islands.
10.

"Fairfield Sigma" means Fairfield Sigma Limited, a hedge fund

that was incorporated as an international business company in the British Virgin Islands.
11.

"Greenwich Sentry" means Greenwich Sentry, L.P., a private

investment limited partnership that was organized under the laws of Delaware.

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12.

"Greenwich Sentry Partners" means Greenwich Sentry Partners,

L.P., a private investment limited partnership that was organized under the laws of
Delaware.
13.

"NAV" means the Net Asset Value of any of the Funds.

14.

"Net Asset Value" means the value of the Funds' assets, as

described in the Funds' Private Placement Memoranda, such as, for example, in
ANWAR-C-ESI-00187545.
15.

"NAV Statements" mean statements sent by CFSE or CCI to You

containing the NAVs or capital account balances of Your Investments, such as the
documents at SICO 0010327 and FGANWH000073639.
16.

"SCAC" means the Second Consolidated Amended Complaint

dated September 29, 2009 in the above-captioned action, as amended on May 14, 2014.
17.

"Subscription Documents" mean the documents sent by You in

order to become subscribed in any of the Funds, as described in Paragraph 335 of the
SCAC, as amended on May 14, 2014, and as reflected in, for example, ANWAR-CCI00000115-24.
INSTRUCTIONS
1.

Answer each Interrogatory and each subpart separately. If an

answer to an Interrogatory differs among Plaintiffs, provide a separate answer for each
Plaintiff for whom such an answer is different and clearly indicate whether the answer
applies only to a particular Plaintiff or the Class.
2.

If You object to answering any Interrogatory herein, in whole or in

part, on any ground, You shall state the nature of the objection and answer all remaining
parts of the Interrogatory.
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3.

If a claim of privilege is asserted, in whole or in part, with respect

to any Interrogatory, please provide the information required pursuant to Rule 26(b)(5) of
the Federal Rules of Civil Procedure and Local Civil Rule 26.2.
4.

In the event that You object to any Interrogatory on the basis that it

is overbroad for any reason, respond to that Interrogatory narrowed in such a way as to
render it not overbroad in Your opinion, and state the extent to which You have narrowed
the interrogatory for purposes of Your response.
5.

If an Interrogatory cannot be answered in full, it should be

answered to the extent possible, with an explanation as to why the remainder cannot be
answered, disclosing whatever information, knowledge, or belief You do have with
respect to the unanswered portion, including the name(s) and address(es) of any person(s)
or entity(ies) having further information.
6.

If, in answering these Interrogatories, You claim any ambiguity in

a question, instruction, or definition, set forth the matter deemed ambiguous and the
construction used in answering the Interrogatory.
7.

Where knowledge or information in the possession or control of a

Party is requested or inquired of, such request or inquiry also seeks knowledge or
information in the possession or control of the Party's agents, servants, employees,
representatives, managers, investment advisors, attorneys, accountants, and independent
contractors, or other persons acting for or on behalf of the Party.
8.

If any of the following Interrogatories call for the identification or

reference to Documents that You know to be missing, destroyed or otherwise disposed
of, identify such Documents and give particular details as to the disposition of each

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Document, the identity of the person last known to have the Document in his or her
possession or subject to his or her control, and the identity of each person You have
reason to believe had knowledge of its contents or received a copy of the Document.
9.

These Interrogatories are continuing in nature. If at any time after

initial compliance with the Interrogatories You obtain further or different information,
You must file supplemental responses.
INTERROGATORIES
1.

State whether You relied on NAV Statements received directly

from CFSE and/or CCI for the purpose of deciding to make Your Initial Investment in
any of the Funds, and identify: (i) the date on which You received such NAV Statement;
(ii) the person(s) at Plaintiff who was aware of the contents of such statement; (iii) the
date on which such person became aware of such statement; and (iv) the date on which
You made Your Initial Investment decision.
2.

Identify any communications You had with CFSE and/or CCI prior

to deciding to make Your Initial Investment in the Funds. For each such communication,
state: (i) the content of any such communication; (ii) the date on which You had such
communication; and (iii) the person(s) at CFSE with whom You communicated.
3.

State whether You contend that You made Your Initial Investment

decision prior to submitting Your Subscription Documents to CFSE and/or CCI.
4.

State whether You contend that CFSE and/or CCI (a) knew Your

specific identity at the time You made Your Initial Investment decision, (b) knew the
basis for Your Initial Investment decision, and (c) identify all facts that You contend
support any such knowledge.

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Dated:

New York, New York
May 23, 2014

PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
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Brad Scott Karp, Esq.\m;[e-mail])
Allan J. Arffa, Esq. ([e-mail])
Leslie G. Fagen, Esq. ([e-mail])
Andrew G. Gordon, Esq. ([e-mail])
Patrick J. Somers, Esq. ([e-mail])
1285 Avenue of the Americas
New York, New York 10019
Tel: [phone]
Attorneys for Defendants
Citco Fund Services (Europe) B. V. and Citco
(Canada) Inc.

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AFFIDAVIT OF SERVICE BY FEDERAL EXPRESS

STATE OF NEW YORK

)
)
COUNTY OF NEW YORK )

ss.:

AUSTIN K. WILKINSON, being duly sworn, deposes and says:

1. I am not a party to this action, am over 18 years of age and am employed by Paul,
Weiss, Rifldnd, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York,
New York 10019.

2. On May 23, 2014,1 served true copies of THE CITCO ADMINISTRATORS' FIRST
SET OF REQUESTS FOR ADMISSION TO PLAINTIFFS and THE CITCO
ADMINISTRATORS' SECOND SET OF CONTENTION INTERROGATORIES TO
PLAINTIFFS on the following:

Stuart Singer
Boies Schiller & Flexner LLP
401 East Las Olas Blvd, Suite 1200
Fort Lauderdale, FL 33301
Sarah Loomis Cave
Hughes Hubbard & Reed LLP
1 Battery Park Plaza
New York, NY 10004
Timothy A. Duffy
Kirkland & Ellis LLP
300 North LaSalle Street
Chicago, IL 60654

3. I made such service by placing true copies of the aforementioned documents in
properly addressed prepaid wrappers and delivering them to a Federal Express office for
Priority Overnight Delivery.

Austin K. Wilkinson

Sworn to before me this
Z$* fay of May, 2014

MI
Notary Puplic

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TREVOR J. H»U
Notary Public, Slate of Naw York
No. 60-6181594
Qualified in Westchester County
Certificate Filed in New York County
Commission Expires Feb. 4,2016