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 B

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' FIRST SET OF
REQUESTS FOR ADMISSION TO PLAINTIFFS
Pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure,
Defendants Citco Fund Services (Europe) B.V. and Citco (Canada) Inc. (collectively, the
"Citco Administrators") hereby request that, within thirty (30) days of the date of service
of these Requests for Admission, and in accordance with the following Definitions and
Instructions, Plaintiffs answer in writing and under oath, the following Requests for
Admission (the "Requests"):
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 Requests.
6.

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

7.

" C O " 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 C O to You

containing the N AVs or capital account balances of Your Investments, such as the
documents at SICO 0010327 andFGANWH000073639.
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.

Each Request shall be answered completely and separately.

2.

Each Request is required to be answered on the basis of Your

entire knowledge.
3.

Each Request calls not only for Your knowledge, but also all

information that is available to You by reasonable inquiry and due diligence, including
inquiry of Plaintiffs' agents, representatives and attorneys.

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4.

If You are not able to admit or deny a Request due to lack of

information or knowledge, please affirm that a reasonable inquiry was made and that
information known or readily obtainable is insufficient to enable admission or denial.
5.

To the extent that a Request is denied or qualified in any way such

that the response is anything other than an unqualified admission, set forth in detail for
each such denial or qualification all factual bases for the denial or qualification and
identify all documents that support in any way the refusal to admit unequivocally,
together with the identity of the custodian(s) of any such document(s).
6.

If You object to answering any Request herein, in whole or in part,

on any ground, You shall state the nature of the objection and answer all remaining parts
of the Request.
7.

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

to any Request, please provide the information required pursuant to Rule 26(b)(5) of the
Federal Rules of Civil Procedure and Local Civil Rule 26.2.
8.

In the event that You object to any Request on the basis that it is

overbroad for any reason, respond to that Request narrowed in such a way as to render it
not overbroad in Your opinion, and state the extent to which You have narrowed the
Request for purposes of Your response.
9.

If a Request 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.

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10.

Pursuant to Fed. R. Civ. P. 36(a), a denial shall fairly meet the

substance of the requested admission, and when good faith requires that You qualify an
answer or deny only a part of the matter of which an admission is requested, You shall
specify so much of it as is true and qualify or deny the remainder.
11.

If, in answering these Requests, You claim any ambiguity in a

question, instruction, or definition, set forth the matter deemed ambiguous and the
construction used in answering the Request.
12.

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.
13.

If any of the following Requests 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
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.
14.

These Requests are continuing in nature. If at any time after initial

compliance with the Requests You obtain further or different information, You must file
supplemental responses.

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REQUESTS FOR ADMISSION
Request No. 1
Admit that You did not receive any NAV Statements for any of the Funds
directly from CFSE prior to deciding to make Your Initial Investment in any of the
Funds.
Request No. 2
Admit that You had already made Your decision to invest initially in any
of the Funds prior to submitting Your Subscription Documents to CFSE.
Request No. 3
Admit that You did not receive any NAV Statements for any of the Funds
directly from C O prior to deciding to make Your Initial Investment in any of the Funds.
Request No. 4
Admit that You had already made Your decision to invest initially in any
of the Funds prior to submitting Your Subscription Documents to C O .

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Dated. New York, New York
May 23, 2014

PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP

By: (/ws/.-rsj^

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vJ/x^cJ^^?^-

Brad Scott Karp, Esq. ([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, Rifkind, 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 H d a v o f May, 2014

Notary P ^ l i c

TREVOR 4. HULL
Notary Public, State of New York
No. 60-6181594
Qualified in Westchester County
Certificate Filed In New York County
Commission Expires Feb. 4,2016