SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X RYAN S. KLARBERG Index No. 160509/13 Plaintiff, -against- VICTORIA GROSSMAN, THE AMBER AVALON CORP. D/B/A HOTEL CHANTELLE, AND JOHN DOES 1-10, JUDICIAL SUBPOENA DUCES TECUM Defendants. X THE PEOPLE OF THE STATE OF NEW YORK TO: New York County District Attorney's Office Attn: Assistant District Attorney Kristin Bailey 80 Centre Street New York, New York 10013 GREETINGS: WE COMMAND YOU, That all business and excuses being laid aside, you appear at the offices of Buchanan Ingersoll & Rooney PC, 1290 Avenue of the Americas, New York, New York 10104, on September, 2014, at 10:00 a.m., and make available for examination, copying and inspection, such documents and items set forth in the Rider attached hereto, as are in your custody, possession or control.
Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed one hundred fifty dollars and all damages sustained by reason of your failure to comply. Dated: New York, New York September, 2014 SO ORDERED: Ellen M. Coin, Justice of the Supreme Court 2
RIDER TO SUBPOENA DUCES TECUM TO NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE INSTRUCTIONS AND DEFINITIONS The term "document" means all written and graphic matter, however produced or reproduced, and each and every thing from which information can be processed, transcribed, transmitted, restored, recorded, or memorialized in any way, by any means, regardless of technology or form. It includes, without limitation, correspondence, memoranda, notes, notations, diaries, papers, books, accounts, newspaper and magazine articles, photographs, notebooks, ledgers, letters, telegrams, cables, telex messages, e-mails, attachments to e-mails, facsimiles, contracts, offers, agreements, reports, objects, tangible things, work papers, transcripts, minutes, reports and recordings of telephone or other conversations or communications, or of interviews or conferences, or of other meetings, occurrences, or transactions, affidavits, statements, summaries, opinions, tests, experiments, analysis, evaluations, journals, balance sheets, income statements, statistical records, desk calendars, appointment books, lists, tabulations, sound recordings, data processing input or output, microfilms, checks, statements, receipts, summaries, computer printouts, computer programs, information kept in computer hard drive and all other electronically stored data, designs, documents or information, computer tape back-up, CD-ROM, computer floppy diskettes, teletypes, telecopies, invoices, worksheets, printed matter of every kind and description, graphic and oral records and representations of any kind, and electronic and mechanical records, in your actual or constructive possession, custody, care or control including, but not limited to, originals or copies where originals are not available. Any document with any marks such as initials, comments, or notations of any kind is not deemed to be identical with one without such marks and is to be produced as a separate document. Where there is any question about whether a 3
tangible item otherwise described in these requests falls within the definition of "document" such tangible item shall be produced. Any draft or non-identical copy of a "document" is a "document" and is demanded in addition to the final form, if any. Where there is any question about whether a tangible item otherwise described in these requests falls within the definition of "document", such tangible item shall be produced. Unless the parties mutually agree otherwise in writing, documents shall be produced both in their native file format and in static format and shall include all metadata (metadata to include, but not necessarily be limited to: document type; parentid; AttachlD/attachment information; page count; custodian; author/to; recipient/from; cc; bcc; subject; title; comments; date created; all modification dates; person(s) who modified; all access dates; person(s) who accessed; date sent; date received; directory path; file name; file size; starting production number; ending production number). In particular, you are requested to use the following production format for electronically stored information ("ESI"): (i) metadata in a comma delimited file format; (ii) single-page Group IV TIFF images branded with sequential document control numbers; (iii) text rendering of native files (comparable to OCR); (iv) link to native file; (v) in a format that can be loaded into Ringtail; and (vi) exception reports/image placeholders must be provided for all data files that cannot be rendered to TIFF because the file is an unsupported file type, is password encrypted or is corrupt. For non-esi documents, you are requested to produce documents in the following format: (i) single-page Group IV TIFF images branded with sequential document control numbers; (ii) page level OCR for each TIFF image which is delivered; (iii) identify custodian name and location, along with correlating document control number in a comma delimited file format; and (iv) in a format that can be loaded into Ringtail. 4
2. The terms "concerning" and/or "relating to" means in any way, directly or indirectly, reflecting, referring to, constituting, containing, evidencing, analyzing, addressing, memorializing, discussing, showing, amending, confirming, endorsing, representing, supporting, qualifying, describing, terminating, revoking, pertaining to, commenting on, negating or relating to or connecting in any way, logically or factually, with the matter described in this request. The term "communication" shall be expansively construed to include any transmittal of information regardless of the means of such transmittal whether orally or in writing. 4. The term "information" shall be expansively construed and shall include, but not be limited to, facts, data, opinions, images, analyses, projections, forecasts, impressions, concepts and formulae. The term "person" shall mean any natural person or individual. 6. The term "entity" shall mean a company, corporation, association, partnership or any legal entity, trust, estate, unit, divisions, section, department or two or more persons having a joint or common economic interest. The term "identify" or "identity" when used in reference to an individual person, shall mean the following: (a) the person's full name, (b) the person's present or last known address and telephone number, (c) the person's current employer, if known, and (d) the person's job title at the time relevant to the inquiry. The term "identify" or "identity" when used in reference to a document shall mean the date and type of document (i.e. letter, memoranda, telegram, chart, photograph, sound reproduction, computer tape or disk, etc.) or some other means of identifying it, the author(s) and recipient(s), and a summary of the document's content. 5
8. The term "describe" shall mean to identify and to detail fully all underlying or related facts (and not mere reference to ultimate facts or conclusions of fact or law). 9 The term "and" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope hereof any information (as defined herein) which might otherwise be construed to be outside the scope of this discovery request. 10. The term "any" shall be understood to include and encompass "all" and vice versa. 11. The singular includes the plural and the plural includes the singular. 12. All words in the present tense include the past tense and all words in the past tense include the present tense. 13. This request shall be deemed continuing so as to require prompt, further and supplemental production if defendant locates or obtains possession, custody or control of additional responsive documents at any time prior to trial herein to the extent and in the manner prescribed by New York's Civil Practice Law and Rules and any and all other rules of the court having jurisdiction over this matter. 14. If you object to part of any request for production herein and refuse to answer that request, state your objection, identify the part to which you are objecting, and answer the remaining portion of the request. If you object to the scope or the time period of any request, state your objection, identify the scope or time period to which you are objecting and answer the request for the scope or time period you believe appropriate. 15. If you withhold any information or document requested herein on grounds of privilege, work-product or otherwise, please provide a "privilege log" setting forth: the date of the document, the author or sender, the recipient of the document, the person(s) to whom copies 6
of the document were furnished together with their job titles, the subject matter of the document and basis on which privilege is claimed. 16. Notwithstanding the assertion of your claim of privilege, any purportedly privileged document which contains non-privileged matter that is responsive to these requests must be produced, with the purportedly privileged portion redacted, provided that the aboverequested information is furnished. 17. If any document requested herein was at one time in existence, but has been lost, discarded, destroyed or purged, identify each document as completely as possible, and state the type of document, the date or approximate date it was lost, discarded, destroyed or purged; the circumstances and manner in which it was lost, discarded, destroyed or purged; the reason or reasons for disposing of the documents; the identity of persons having knowledge of the contents of the documents; the identity of all persons believed at any time to have had a copy of the document or to have ever seen the document; and the identity of the persons authorizing or aware of the loss, discard, destruction, or purging of the document. 18. Each request herein for a document or documents to be produced contemplates production of a document in its entirety, without abbreviation or expurgation. 19. If any request herein read literally, requires the production of a part or portion of a document, production of the entire document is requested. UNAVAILABILITY OF DOCUMENTS To the extent that a document is sought herein and such document was, but is no longer, in your possession, or subject to your control, or in existence, state whether it: (i) is missing or lost, (ii) has been destroyed, (iii) has been transferred, voluntarily or involuntarily, to others, or (iv) has been otherwise disposed of, and further, in each instance, explain the circumstances 7
surrounding, and authorization for, such disposition thereof, state the date or approximate date thereof, the contents of said document, and the person(s) who authorized the transfer, destruction, or other disposition of said document. 8
DOCUMENTS AND ITEMS REQUESTED 1. Any and all recordings or videotapes of or related to the Assault and any and all recordings or videotapes of any time period subsequent to or preceding the Assault, including but not limited to any recordings or videotape/s obtained from Hotel Chantelle or the New York City Police Department concerning or relating to the Assault. 2. The Grand Jury testimony of Victoria Grossman related to the Assault. The proffer statement of Victoria Grossman. 9
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 160509/13 RYAN S. KLARBERG, - against - Plaintiff, VICTORIA GROSSMAN, THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE, and JOHN DOES 1-10, Defendants. JUDICIAL SUBPOENA DUCES TECUM BUCHANAN INGERSOLL & ROONEY PC ATTORNEYS FOR PLAINTIFF 1290 AVENUE OF THE AMERICAS, 30TH FLOOR NEW YORK, NEW YORK 10104-3 001 PHONE: (212)440-4400 FAX: (212)440-4401 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Signature Print Signer's Name Service of a copy of the within is hereby admitted. Dated: Attorney (s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a Notice of entered in the office of the clerk of the within named Court on Entry that an Order of which the within is a true copy will be presentedfor settlement to Notice of the Hon. one of the judges of the within named Court, Settlement at on, at M. Dated: BUCHANAN INGERSOLL & ROONEY PC 1290 AVENUE OF THE AMERICAS, 30TH FLOOR NEW YORK, NEW YORK 10104-3001 PHONE: (212)440-4400 FAX: (212) 440-4401