Anwar et al v. Fairfield Greenwich Limited et al

Filing 849

DECLARATION of Louis Smith in Support re: #848 MOTION to Quash Subpoena.. Document filed by American Express Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Smith, Louis)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MASTER FILE NO. 09-CV-118 (VM) (THK)

PASHA ANWAR, et al.,
Plaintiff,
v.
FAIRFIELD GREENWICH LIMITED,
et al.,,

DECLARATION OF LOUIS SMITH
IN SUPPORT OF MOTION TO
QUASH SUBPOENA

Defendants.
This Document Relates to: All Standard
Chartered Cases

LOUIS SMITH hereby declares as follows.
1.

I am a Shareholder with Greenberg Traurig, LLP, counsel for

American Express Company (“AmEx”). I submit this declaration in support of
AmEx’s Motion to Quash Subpoena.
2.

Attached here to as Exhibit A is a copy of a subpoena dated

September 2, 2011, issued by counsel for Headway Investment Corp. on behalf of
the Standard Chartered Plaintiffs Steering Committee and directed to AmEx (the
“Subpoena”).

The Subpoena demanded documents and set a return date of

September 20, 2011, and deposition testimony with a return date of October 11,
2011.

3.

After receiving a brief extension, on September 27, 2011, AmEx

served its Responses and Objections to Subpoena Duces Tecum. (Attached hereto
as Exhibit B). On October 6, 2011, Plaintiffs adjourned the October 11, 2011,
deposition date and no new date was set. Exhibit C, October 6, 2011, e-mail from
Paul Dans to Louis Smith.
4.

Thereafter, counsel for Plaintiffs and AmEx had a series of meet-and-

confer discussions.

AmEx and Plaintiffs eventually worked through their

disagreements regarding document production.

See Exhibit D, December 16,

2011, letter from Louis Smith to Richard Brodsky. AmEx thereafter produced
over twenty-six thousand pages of documents. Exhibit E, March 6, 2012, letter
from Jason Kislin to Richard Brodsky.
5.

Additionally, on October 17, 2011, counsel for Defendants sent a

letter to AmEx in connection with Plaintiffs’ request for contact information
regarding thirty-nine individuals. Exhibit F, October 17, 2011, letter from Megan
Bradley to Louis Smith.

AmEx researched that request (and also researched

additional names provided directly by Plaintiffs to AmEx) and provided the
information it located. Exhibit G, November 11, 2011, letter from Louis Smith to
Richard Brodsky (without attachment containing address information).

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6.

On March 6, 2012, Plaintiffs sent to AmEx a document titled

Plaintiffs’ Re-Notice of Depositions, which identified a Rule 30(b)(6) deposition
for AmEx on April 10, 2012 and referred to the Subpoena. Attached as Exhibit H.
7.
Deposition.

AmEx raised with Plaintiffs objections concerning the Re-Noticed
Exhibit I, March 21, 2012, letter from Louis Smith to Richard

Brodsky. Plaintiffs and AmEx subsequently had a meet-and-confer call, but were
unable to resolve their differences.
8.

On April 5, 2012, Plaintiffs adjourned the April 10, 2012, deposition

without date. Exhibit J, April 5, 2012, email from Richard Brodsky to Louis
Smith.
I declare under penalty of perjury the foregoing is true and correct.
Executed on April 6, 2012.

s/Louis Smith
LOUIS SMITH

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