UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA PALM BEACH DIVISION CASE NO CIV-KAM

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1 NORMAN HIRSCH, MATTHEW DWYER, and RALPH WILLARD, individually and on behalf of all others similarly situated, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA PALM BEACH DIVISION CASE NO CIV-KAM v. Plaintiffs, JUPITER GOLF CLUB LLC, a Delaware LLC d/b/a TRUMP NATIONAL GOLF CLUB JUPITER and RBF, LLC d/b/a THE RITZ-CARLTON GOLF CLUB & SPA JUPITER, Defendants. / PLAINTIFFS FIRST INTERROGATORIES TO DEFENDANT RBF, LLC Plaintiffs Norman Hirsch, Matthew Dwyer and Ralph Willard, on behalf of themselves and all others similarly situated ( Plaintiffs ), through counsel, pursuant to Fed. R. Civ. P. 33, propound these interrogatories on Defendant, RBF, LLC d/b/a THE RITZ-CARLTON GOLF CLUB & SPA JUPITER ( Defendant or RBF ) and request that JGC respond to these interrogatories within thirty (30) days of the date of service. I. DEFINITIONS Unless otherwise specified, the terms set forth below have the following meanings: 1. JGC, means Jupiter Golf Club, LLC and any of its affiliates, subsidiaries, divisions, segments, predecessors, successors, officers, directors, employees, representatives, or agents. 1

2 2. RBF, Defendant, You, and Your means RBF, LLC, and any of its affiliates, subsidiaries, divisions, segments, predecessors, successors, officers, directors, employees, representatives, or agents. 3. Class Members refers to the following class definition set forth in paragraphs 81 and 82 of the First Amended Complaint (D.E. 23): All persons who purchased a Full Golf, Fractional Golf, or Social and Spa membership from RBF to The Ritz-Carlton Golf Club & Spa, paid a Membership Deposit, have not received a full refund of their Membership Deposit, and have not executed the Trump Legacy Addendum. Excluded from the Class are Defendants, any subsidiary or affiliate of the Defendants, and the directors, officers and employees of Defendants or its subsidiaries or affiliates, and members of the federal judiciary. 4. Club means the Trump National Golf Club Jupiter f/k/a The Ritz-Carlton Golf Club & Spa, Jupiter. 5. Club Document Agreement refers to the Club Document Agreement or Assignment entered into between RBF, LLC as assignor and Jupiter Golf Club, LLC as assignee on December 4, Communication means any mode or method of contact for the transmission, dissemination, request for, or receipt of information of any kind including thoughts, mental impressions, ideas, suggestions, etc., conveyed in any format, and by any means or medium whatsoever. This shall include, but shall not be limited to, all statements, admissions, denials, inquiries, discussions, conversations, negotiations, agreements, contracts, understandings, meetings, telephone conversations, voice messages, letters, correspondence, notes, telegrams, telexes, s, advertisements, or any other form of written or verbal intercourse. The requests include communication to, from, or within a corporate entity or organization and include any 2

3 and all communications by, between, and among its representatives, employees, agents, advisors, brokers, or attorneys (except when privileged). 7. Document means any written, printed, typed or other graphic matter, of any kind or nature, whether in hard copy or electronic format, whether the original, draft, or a copy and copies bearing notations or marks not found on the original, including but not limited to memoranda, reports, recommendations, notes, letters, envelopes, post-its, s, telegrams, messages, manuscripts, studies, analyses, tests, comparisons, books, articles, pamphlets, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, minutes, agreements, contracts, and all other written communications, of any type, including inter alia, inter and intra- office communications, purchase orders, invoices, bills, receipts, questionnaires, surveys, charts, graphs, video, photographs, sketches, drawings, house sheets, tapes, voice messages or other recordings, print-outs or compilations from which information can be obtained or, if necessary, translated through detection devices into reasonably usable form, including all underlying or preparatory materials and drafts thereof. 8. Identify : When referring to a person, to identify means to give, to the extent known, the person s full name, present or last known address, and, when referring to a natural person, the present or last known place of employment. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. 9. Membership Category refers to the forms of membership sold in the Club by RBF, LLC and/or JGC, including Full Golf, Fractional Golf, and Social and Spa. 10. Membership Deposit refers to the deposit that Club members made in connection with their purchases of memberships to The Ritz-Carlton Golf Club & Spa Jupiter. 3

4 11. Plaintiffs mean the Plaintiffs in this action, Norman Hirsch, Matthew Dwyer and Ralph Willard. 12. Purchase and Sale Agreement or Asset Purchase Agreement or APA refers to the Purchase and Sale Agreement by and between RBF, LLC as seller and Jupiter Golf Club, LLC as purchaser dated November 14, Refund Obligations refers to your obligation under Section 1.61 of the APA. 14. Relating to, relate to, regarding, or reflecting means in any way directly or indirectly concerning, referring to, disclosing, describing, confirming, supporting, evidencing, representing, clarifying, evidencing, supporting, or contradicting. 15. Resignation List refers to waiting list as this term is used in The Ritz-Carlton Golf Club & Spa, Jupiter Membership Documents. First Am. Complaint, Ex. D, [D.E. 23-4], Transfer of Membership, p Schedule T refers to the Member Matrix that was attached as Schedule T to the APA. 17. Support means referring to, concerning, responding to, reflecting, indicating, commenting on, regarding, discussing, showing, evidencing, describing, implying, analyzing or consulting. 18. Trump Legacy Addendum refers to the Trump National Golf Club - Jupiter Legacy Addendum Membership Plan. First Am. Complt., Ex. G [D.E. 23-7]. II. RULES OF CONSTRUCTION 1. All/Each The terms all and each shall be construed as meaning either all or each as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside its scope. 4

5 2. And/Or The connectives and and or shall be construed either disjunctively and conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside its scope. 3. The use of the singular form of any word shall include the plural and vice versa. 4. The masculine gender includes the feminine. 5. Objections. Where an objection is made to any interrogatory, the objection shall state with specificity all grounds. Any ground not stated in an objection within the time provided by the Federal Rules of Civil Procedure, or by the Court s order, or any extensions thereof, shall be waived. 6. Continuing Duty. This request is continuing and all responsive information you subsequently learn of which you would have been required to produce had it been available at an earlier time shall be produced forthwith in accordance with the Federal Rules of Civil Procedure. III. RELEVANT PERIOD Unless otherwise stated in a particular Interrogatory, the time period for these Interrogatories January 1, 2003, through the present time. These interrogatories relate to acts, practices, policies, information, documents, or communications that existed or were otherwise in effect during such time period. 5

6 IV. INTERROGATORIES 1. Please state the number of persons who purchased a Full Golf, Fractional Golf, or Social and Spa membership from RBF to The Ritz-Carlton Golf Club & Spa, paid a Membership Deposit, have not received a full refund of their Membership Deposit, and have not executed the Trump Legacy Addendum. 2. Please identify all Class Members and for each state his or her name, address, address, telephone numbers, and the date he or she joined the Club, the date the Class Member requested placement on Resignation List (if any request was made), the Class Member s Membership Category, and the amount of Membership Deposit that the Class Member paid. 3. Please state the total amount of refundable Membership Deposits that you have paid to Club members, since December 1, 2012, to satisfy your Refund Obligations, identifying whom you paid, the amounts paid, and the dates of all payments. 4. Please describe all refundable Membership Deposits that you contend were exchanged, forgiven or otherwise validly expunged since December 1, See APA Sec Please identify every Club member whom you contend is on a Resignation List and for each member, state the date he or she was placed on the Resignation List, and his or her numeric rank or position on the Resignation List. 6. For each Club member who was on a Resignation List as of December 1, 2012, state his or her numeric rank or position on the Resignation List as of that date and any change in his or her numeric rank on the Resignation List since that date. 7. Please state the total number of Trump National Golf Club Jupiter memberships sold since December 1, 2012, stating the total numbers by Membership Category. 8. Please identify and describe all actions you took, including but not limited to, 6

7 reviewing financial statements, to ascertain whether and to what extent Jupiter Golf Club, LLC and its affiliates had the capital and/or other financial resources to satisfy the Refund Obligations between December 1, 2012 and February 1, Dated: January 21 st, 2014 Respectfully submitted, /s/_steve R. Jaffe Steve R. Jaffe (FBN 39770) Mark Fistos (FBN ) Seth M. Lehrman (FBN ) FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 N. Andrews Ave., Suite 2 Fort Lauderdale, Florida Telephone: Facsimile: Attorneys for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served on all counsel of record listed below by on January 21st, /s/ Steve R. Jaffe Steve R. Jaffe 7

8 SERVICE LIST Hirsch et al v. Jupiter Golf Club LLC et al CASE NO CIV-KAM United States District Court in the Southern District of Florida, Palm Beach Division Herman J. Russomanno (Fla. Bar No ) Robert J. Borrello (Fla. Bar No ) Herman J. Russomanno III (Fla. Bar No ) RUSSOMANNO & BORRELLO, P.A. Museum Tower, Penthouse West Flagler Street Miami, Florida Telephone: (305) Facsimile: (305) Attorneys for Defendant Jupiter Golf Club, LLC d/b/a Trump National Golf Club Jupiter Jerry R. Linscott (Fla. Bar No ) Julie Singer Brady (Fla. Bar No ) BAKER & HOSTETLER LLP 2300 SunTrust Center 200 South Orange Avenue Post Office Box 112 Orlando, Florida Telephone: (407) Facsimile: (407) Attorneys for Defendant RBF, LLC d/b/a The Ritz-Carlton Golf Club & Spa Jupiter 8

9 VERIFICATION On Behalf of RBF, LLC By: Title: STATE OF ) ) SS: COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared, who, after being duly sworn according to law, deposes and says that he/she has read the foregoing Answers to Interrogatories and they are true and correct. SWORN AND SUBSCRIBED before me this day of, 20. NOTARY PUBLIC COMMISSION EXPIRES SEAL/STAMP