Transamerica Life Insurance Company v. Caramadre et al

Filing 122

Emergency MOTION for an Extension of Time to Comply with Court Order and Answer Interrogatories by Estate Planning Resources, Inc.. Responses due by 12/9/2011 Associated Cases: 1:09-cv-00470-S -DLM et al.(Ramos, Adam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
____________________________________
)
WESTERN RESERVE LIFE ASSURANCE )
CO. OF OHIO,
)
Plaintiff,
)
)
vs.
)
)
C.A. No. 09-470-S
JOSEPH CARAMADRE, RAYMOUR
)
RADHAKRISHNAN, ESTATE PLANNING )
EMERGENCY MOTION
RESOURCES, INC., HARRISON CONDIT, )
and FORTUNE FINANCIAL SERVICES,
)
INC.,
)
Defendants;
)
____________________________________ )
)
TRANSAMERICA LIFE INSURANCE
)
COMPANY,
)
Plaintiff,
)
)
vs.
)
)
C.A. No. 09-471-S
JOSEPH CARAMADRE, RAYMOUR
)
RADHAKRISHNAN, ESTATE PLANNING )
RESOURCES, INC., ESTELA
)
RODRIGUES, EDWARD MAGGIACOMO, )
JR., LIFEMARK SECURITIES CORP., and )
PATRICK GARVEY,
)
Defendants;
)
____________________________________ )
)
WESTERN RESERVE LIFE ASSURANCE )
CO. OF OHIO,
)
Plaintiff,
)
)
vs.
)
C.A. No. 09-472-S
)
JOSEPH CARAMADRE, RAYMOUR
)
RADHAKRISHNAN, ESTATE PLANNING )
RESOURCES, INC., ADM ASSOCIATES, )
LLC, EDWARD HANRAHAN, THE
)
LEADERS GROUP, INC., and CHARLES )
BUCKMAN,
)
Defendants;
)

Doc. No. 50456386

____________________________________
)
WESTERN RESERVE LIFE ASSURANCE )
CO. OF OHIO,
)
Plaintiff,
)
)
vs.
)
)
JOSEPH CARAMADRE, RAYMOUR
)
RADHAKRISHNAN, ESTATE PLANNING )
RESOURCES, INC., DK LLC, EDWARD
)
HANRAHAN, THE LEADERS GROUP,
)
INC., and JASON VEVEIROS,
)
Defendants;
)
)
)
WESTERN RESERVE LIFE ASSURANCE )
CO. OF OHIO,
)
Plaintiff,
)
)
vs.
)
)
JOSEPH CARAMADRE, RAYMOUR
)
RADHAKRISHNAN, ESTATE PLANNING )
RESOURCES, INC., NATCO PRODUCTS )
CORP., EDWARD HANRAHAN, and THE )
LEADERS GROUP, INC.,
)
Defendants;
)
)
)
TRANSAMERICA LIFE INSURANCE
)
COMPANY,
)
Plaintiff,
)
)
vs.
)
)
LIFEMARK SECURITIES CORP., JOSEPH )
CARAMADRE, RAYMOUR
)
RADHAKRISHNAN, ESTATE PLANNING )
RESOURCES, INC. and EDWARD
)
MAGGIACOMO, JR.,
)
Defendants; and
)
)

Doc. No. 50456386

C.A. No. 09-473-S

C.A. No. 09-502-S

C.A. No. 09-549-S

____________________________________
WESTERN RESERVE LIFE ASSURANCE )
CO. OF OHIO,
)
Plaintiff,
)
)
vs.
)
)
JOSEPH CARAMADRE, RAYMOUR
)
RADHAKRISHNAN, ESTATE PLANNING )
RESOURCES, INC., HARRISON CONDIT, )
and FORTUNE FINANCIAL SERVICES,
)
INC.,
)
Defendants.
)
)

C.A. No. 09-564-S

ESTATE PLANNING RESOURCES, INC.’S EMERGENCY MOTION FOR AN
EXTENSION OF TIME TO RESPOND TO INTERROGATORIES
Defendant Estate Planning Resources, Inc. (“EPR”) moves this Court for an extension of
time to comply with the Order of November 1, 2011 (Document No. 122 in Case 1:09-cv-00470S-DLM) and respond to the interrogatories propounded on it by the plaintiffs in these seven
related civil matters. EPR requests the Court to extend its time to comply with the Order by
twenty (20) days and allow EPR up to and including December 12, 2011 to provide responses to
the interrogatories.
EPR originally provided responses indicating that it would not respond to the
interrogatories because the Initial Case Management Order prevented certain individual
defendants from being compelled to answer interrogatories on its behalf. EPR asserted that
certain of those defendants – Joseph A. Caramadre and Raymour Radhakrishnan – were the only
people who could provide the information necessary to respond to the interrogatories. The
plaintiffs moved to compel responses.
After hearing, the Court ordered, on November 1, 2011, that EPR must provide responses
and laid out a procedure for how those responses should be crafted. That procedure calls for

Doc. No. 50456386

EPR to designate an agent to answer the interrogatories. The Order further directs that agent to
seek answers to the interrogatories that are available only from Target Defendants1 and provide
verbatim their responses. The current due date for such responses is November 22, 2011.
On November 17, 2011, the United States Attorney for the District of Rhode Island
issued an indictment criminally charging Joseph A. Caramadre and Raymour Radhakrishnan.
This intervening event has caused logistical problems for EPR in its efforts to comply with the
Order. For example, EPR is having difficulty identifying a third-party agent willing to answer
the interrogatories on its behalf. Moreover, Defendants Caramadre and Radhakrishnan are
focused on the consequences of the indictment and unable to devote the necessary resources to
assist EPR with responding to the interrogatories.
EPR contacted plaintiffs and requested that they assent to this motion. Plaintiffs were
unwilling to do so without attaching conditions that are unacceptable to EPR. Accordingly, EPR
respectfully requests this Court to grant the motion and extend the deadline for EPR to comply
with the November 1, 2011 Order and answer the interrogatories to December 12, 2011.
Pursuant to Rule 9 of the Local Rules of the United States District Court for the District
of Rhode Island, EPR respectfully requests an immediate hearing and expedited consideration of
this motion. The current deadline for compliance with the Court’s order is imminent, and EPR
requires determination of this motion to avoid a failure to comply.

1

The Target Defendants are Joseph Caramadre, Raymour Radhakrishnan, Edward Maggiacomo, Harrison Condit,
and Edward Hanrahan.

Doc. No. 50456386

Dated: Providence, Rhode Island
November 22, 2011
JOSEPH CARAMADRE and RAYMOUR
RADHAKRISHNAN,
By their Attorneys,

/s/ Adam M. Ramos
Robert G. Flanders, Jr. (# 1785)
Adam M. Ramos (#7591)
HINCKLEY, ALLEN & SNYDER LLP
50 Kennedy Plaza, Suite 1500
Providence, RI 02903
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

CERTIFICATE OF SERVICE
I hereby certify that on November 22, 2011, a copy of the foregoing was filed
electronically and served by mail on anyone unable to accept electronic filing. Notice of this
filing will be sent by e-mail to all parties by operation of the court’s electronic filing as indicated
on the Notice of Electronic Filing. Parties may access this filing through the court’s CM/ECF
system.

/s/ Adam M. Ramos

Doc. No. 50456386