Transamerica Life Insurance Company v. Caramadre et al

Filing 125

Emergency MOTION to Appoint Custodian Agent to Answer Interrogatories - Conditional with Supporting Memo by Estate Planning Resources, Inc.. Responses due by 12/22/2011 (Attachments: #1 Exhibit A - November 1, 2011 Order, #2 Exhibit B - Ramos Declaration, #3 Exhibit C - November 23, 2011 Order)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 )
RESOURCES, INC., HARRISON CONDIT, )
EMERGENCY MOTION
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;
)

____________________________________
)
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
)
)

C.A. No. 09-473-S

C.A. No. 09-502-S

C.A. No. 09-549-S

2

____________________________________
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 CONDITIONAL MOTION
FOR APPOINTMENT OF AN AGENT TO ANSWER INTERROGATORIES
Defendant Estate Planning Resources, Inc. (“EPR”) respectfully moves this Court on an
emergency basis to appoint an agent to answer interrogatories on its behalf. EPR seeks this relief
on a conditional basis in the event the Court does not grant the Emergency Renewed Motion for
Partial Stay filed by Defendants Joseph Caramadre, Raymour Radhakrishnan, Estella Rodrigues
and ADM Associates, LLC. The reasons for this motion are set forth in the accompanying
memorandum.
Dated: Providence, Rhode Island
December 5, 2011
ESTATE PLANNING RESOURCES, INC,
By its Attorneys,

/s/ AdamM. 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]

3

CERTIFICATE OF SERVICE
I hereby certify that on December 5, 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

4

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 )
RESOURCES, INC., HARRISON CONDIT, )
EMERGENCY MOTION
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;
)

____________________________________
)
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
)
)

C.A. No. 09-473-S

C.A. No. 09-502-S

C.A. No. 09-549-S

2

____________________________________
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

MEMORANDUM IN SUPPORT OF
EMERGENCY MOTION OF ESTATE PLANNING RESOURCES, INC. FOR
APPOINTMENT OF AN AGENT TO ANSWER INTERROGATORIES
Defendant Estate Planning Resources, Inc. (“EPR”) submits this memorandum in support
of its emergency conditional motion requesting the Court to appoint an agent to answer
interrogatories on its behalf.
Plaintiffs Western Reserve Life Assurance Company of Ohio (“WRL”) and Transamerica
Life Assurance Company (“TLA”) propounded interrogatories on EPR. On August 12, 2011,
EPR provided responses stating that it could not answer substantively because only individuals
designated Target Defendants1 in the Initial Case Management Order could provide the
necessary information to provide answers. Plaintiffs moved to compel responses on September
26, 2011. EPR objected.
The Court granted in part and denied in part the motion to compel. Specifically, the
Court ordered, on November 1, 2011, that EPR must provide responses through an agent
designated for that purpose. The agent must answer the interrogatories, to the extent possible,
through a review of the books and records of EPR. For any interrogatory that cannot be
1

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

3

answered completely through review of the books and records – and can only be answered with
information available only to a Target Defendant - the Order requires the agent to follow a twostep process. First the agent must explain why the information is available only from a Target
Defendant. Second, the agent must seek the information from the Target Defendant(s). Third,
the agent must include the verbatim response of the Target Defendant(s) in the interrogatory
responses. Fourth, the agent must obtain a written statement from the Target Defendant(s)
setting forth the response. A copy of the November 1, 2011 Order is attached as Exhibit A. By
rule, EPR’s deadline to provide the responses was November 22.
Joseph Caramadre – a Target Defendant – is the only person currently affiliated with
EPR. See Declaration of Adam Ramos, Esq. (“Ramos Declaration”) at ¶ 4 (attached as Exhibit
B). EPR no longer has any employees. See Ramos Declaration at ¶ 4. EPR began taking steps
to prepare responses to the interrogatories immediately after the Court entered the November 1,
2011 Order. See Ramos Declaration at ¶ 5. EPR, through Mr. Caramadre, identified a thirdparty agent who agreed to prepare the responses. See Ramos Declaration at ¶ 6. EPR, through
Mr. Caramadre, began working with that agent to prepare the responses by providing that agent
with access to the books and records of EPR. See Ramos Declaration at ¶ 7.
On November 17, 2011, the United States Attorney for the District of Rhode Island (the
“U.S. Attorney”) issued a 66-count indictment against Mr. Caramadre and Raymour
Radhakrishnan. See Ramos Declaration at ¶ 8. EPR’s designated third-party agent was in the
process of preparing answers to the interrogatories at the time the U.S. Attorney filed the
indictment. See Ramos Declaration at ¶ 9. As a result of the indictment, the third-party agent
was advised by counsel that he should no longer serve as EPR’s agent for purposes of answering
the interrogatories. See Ramos Declaration at ¶ 10. Since the indictment, EPR, through Mr.

4

Caramadre, has been unable to find any person willing to serve as an agent to answer the
interrogatories on EPR’s behalf. See Ramos Declaration at ¶ 11.
EPR moved for an emergency extension of time to respond to the interrogatories on
November 22, 2011. The Court granted that motion allowing EPR up to and including
December 12, 2011 to provide answers. A copy of that order is attached as Exhibit C. Despite
EPR’s best efforts – through Mr. Caramadre – it has not been able to find a willing individual to
serve as a third-party agent to answer the interrogatories. EPR must designate a third-party agent
to answer the interrogatories to comply with the Court’s November 1, 2011 Order.
Accordingly, EPR respectfully requests the assistance of the Court and asks the Court to
appoint a third-party agent to answer the interrogatories on behalf of EPR. EPR’s request is
conditional. EPR requires this relief only if the Court denies the Emergency Renewed Motion
for Partial Stay filed by Defendants Joseph Caramadre, Raymour Radhakrishnan, Estella
Rodrigues and ADM Associates, LLC. If the Court grants that motion, EPR’s obligation to
answer the interrogatories will be stayed until the resolution of the criminal case and the relief
requested in this motion will not be necessary at this time.
Request for Emergency Consideration
Emergency consideration of this motion is necessary because EPR’s deadline to provide
answers to the interrogatories is December 12, 2011. That date will pass before the Court
resolves the motion if the Court follows the usual briefing schedule for motions.

5

Dated: Providence, Rhode Island
December 5, 2011
ESTATE PLANNING RESOURCES, INC,
By its 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 December 5, 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

6