FILED: NEW YORK COUNTY CLERK 06/11/2014 INDEX NO /2013 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 06/11/2014

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1 FILED: NEW YORK COUNTY CLERK 06/11/2014 INDEX NO /2013 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 06/11/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART x CANDICE FEINBERG LALICATA. Index No /2013 Plaintiff, PLAINTIFF S FIRST SET OF DOCUMENT - against - REQUESTS PROPOUNDED ON DEFENDANT DIANA STEVEN LALICATA, DIANA FERNANDEZ, FERNANDEZ JAMES HART, BRIAN MARTINEZ and JOHN DOE 1, Defendants x PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice and Rules and in accordance with the definitions and instructions set forth below, Plaintiff Candice Feinberg Lalicata, by and through her attorneys, Law Offices of Adam D. Perlmutter, P.C., propounds the following First Set of Document Requests (the Document Requests ) on Defendant Diana Fernandez to be complied with in full by serving the requested documents on Plaintiff by April 12, INSTRUCTIONS A. Documents shall be produced in their original state, i.e., in their original file folders in the exact order as found, without removal or rearrangement of anything contained therein. B. Each demand herein is continuing and requires prompt supplementary responses if further responsive documents are subsequently obtained or discovered by the parties or otherwise come into their possession, custody or control.

2 C. If you claim that any responsive document is privileged or for any other reason not discoverable, the response hereto shall state: (a) the type of document (e.g., memorandum, report, chart, etc.); (b) the date of the document; (c) title of the document; (d) a description of the subject matter of the document; (e) the name(s) and address(es) of the person(s) who prepared the document, the person(s) to whom it was directed or circulated and the person(s) now in possession of the document; and (f) the nature of and factual and legal basis for the privilege claimed or other ground for non-production. D. If any document called for by this document request is not within the party's possession, custody or control, such party shall so state in writing. E. Unless otherwise specified herein, the relevant time period for each request shall be from January 1, 2012 through the present date. DEFINITIONS A. The word "document" is used in the broadest possible sense to mean any printed, written, taped, recorded, graphic, computerized printout, electronically stored or other tangible matter, from whatever source, however produced or reproduced or capable of being reproduced, whether in draft or otherwise, whether sent or received or neither, including, but not limited to, the original and all non-identical copies of any and all writings, correspondence, letters, telegrams, cables, contracts, proposals, agreements, minutes, notes, memoranda, analyses, projections, work papers, books, records, reports, diaries, statements, questionnaires, charts, sketches, diagrams, drawings, photographs, cassettes, disks, tape recordings, financial statements, and all other information or data, records or compilations, including all underlying supporting or preparatory material. "Document" includes but is not limited to documents kept by individuals in their desks, at home or elsewhere. 2

3 B. "Communication" means any act or instance whereby messages, fax, data, ideas, thoughts, beliefs, feelings, opinions or any other information is transmitted orally, visually, in writing, electronically, by facsimile or by any other means or media. C. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request all responses that might otherwise be construed to be outside its scope. D. The use of the singular form of any word includes the plural, and vice versa. E. "Person" means any natural person or any business, legal or governmental entity or association. F. "Concerning" means relating to, referring to, describing, evidencing or constituting. G. In addition, as used herein, the following terms shall have the following meanings: i. Fernandez shall mean defendant Diana Fernandez, including but not limited to her, her successors, subsidiaries, divisions, affiliates, officers, directors, attorneys, employees, agents, representatives, accountants, advisors, and all other persons acting or purporting to act on her behalf. ii. Steven Lalicata shall mean defendant Steven Lalicata, including but not limited to him, his estate, his successors, subsidiaries, divisions, affiliates, officers, directors, attorneys, employees, agents, representatives, accountants, advisors, and all other persons acting or purporting to act on his behalf. iii. Brian Martinez shall mean defendant Brian Martinez, including but not limited to him, his estate, his successors, subsidiaries, divisions, affiliates, officers, directors, attorneys, 3

4 employees, agents, representatives, accountants, advisors, and all other persons acting or purporting to act on his behalf. iv. James Hart shall mean defendant James Hart, including but not limited to him, his estate, his successors, subsidiaries, divisions, affiliates, officers, directors, attorneys, employees, agents, representatives, accountants, advisors, and all other persons acting or purporting to act on his behalf. H. Unless and except to the extent otherwise defined herein, all defined terms in the Complaint shall have the same meaning herein. DOCUMENT REQUESTS Document Request No. 1 Any and all documents, including but not limited to correspondence, facsimiles, phone calls, s, and text messages, between you and/or any agent thereof, and Steven Lalicata, Brian Martinez, James Hart and/or Candice Feinberg Lalicata. Document Request No. 2 Any and all documents reflecting or pertaining to any payments and/or conveyances of any value whatsoever, including but not limited to correspondence, facsimiles, phone calls, s, accounting records, checks, deposits, wire transfers, transfers, mortgages, satisfaction of mortgages and any other financial transactions between you and/or any agent thereof, and Steven Lalicata, Brian Martinez, James Hart and/or Candice Feinberg Lalicata. 4

5 Document Request No. 3 Any and all documents related to electronic mail addresses registered to and/or opened by Fernandez and/or utilized by the same, whether or not she registered or opened the electronic mail account corresponding to that address. Document Request No. 4 Any and all documents related to credit card accounts registered to and/or opened by Fernandez and/or utilized by the same, whether or not she registered or opened the credit card account, including but not limited to account statements, records of paymennt and credit card agreement. Document Request No. 5 Any and all documents, including statements, debit advices, credit advices, and correspondence related any back accounts, including but not limited to checking, savings, SEP, IRA, certificate or deposit, or lines of credit, registered to and/or opened by Fernandez and/or utilized by the same, whether or not he registered or opened the corresponding account. Document Request No. 6 Any and all documents related to any cellular telephone numbers registered to and/or opened by Fernandez and/or utilized by the same, whether or not she registered or opened the cellular telephone number account corresponding to that cellular telephone number, including but not limited to monthly statements, user information, and subscriber information. Document Request No. 7 Any and all passports by nationality and identification numbers registered to or possessed by Fernandez. 5

6 Document Request No. 8 Any and all documents reflecting any air travel by Fernandez including but not limited to tickets, itineraries, s and corespondence from any airlines. Document Request No. 9 Any and all documents related to any hotel stays by Fernandez, including but not limitmed to room bills, invoices, reservations, and credit card receipts for any hotel, motel, suites, or other temporary rental lodging provider utilized by Fernandez, whether or not she registered or made the reservation for the lodging. Document Request No. 10 Copies of any and all federal, local and state tax returns filed by Fernandez with federal, state or municipal taxing authorities, including by not limited to the Internal Revenue Service, the New York State Department of Taxation and Finance, and the New York City Department of Finance. Document Request No. 11 Any and all documents related any motor vehicles owned, registered, purchased, traded and/or transfer to or from Fernandez whether titled, registered or insured in New York State or elsewhere. Document Request No. 12 Any and all documents related to any purchases in excess of one thousand dollars made by Fernandez for any and all goods or services whatsoever. Document Request No. 13 And and all documents realted to any gifts in any form whatsoever, whether cash, currency, goods or services, given to or received by Fernandez. 6

7 Document Request No. 14 Any and all documents related to any personal, home, laptop and/or business computers utilized and/or owned by Fernandez including any personal digital assistants, smartphones, ipads or other digital tablets or devices of any form whatsoever. Documents Request No. 15 Any and all documents realted to any digital cloud storage services, such as DropBox, Google Drive, Google Documents, and SpiderOak, utilized by Fernandez to store any and all personal information, content and/or data, including but not limited electronic mails, documents, photographs, and video films. Document Request No. 16 Any and all documents related to employment by Fernandez. Document Request No. 17 Any and all dcouments related to social networking sites utilized by Fernandez including but not limited services such as Facebook, MySpace, Twitter, Bebo, Tumblr, Instagram and LinkedIn. Document Request No. 18 Any and all documents related to residences utilized by Fernandez whether owned outright, subject to mortgage(s), rented, leased, holdover, shared, sublet, or occupied in any way or in any form of tenancy in law or in equity whatsoever, including but not limted any mortgage statements, closing statements, leases or payments regarding the same. 7

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