LEVI HUEBNER& ASSOCIATES, PC ATTORNEYS AND COUNSELORS AT LAW 338 ATLANTIC AVENUE, SUITE 202 BROOKLYN, NY 11201 TEL: (212) 354-5555 FAX: (718) 636-4444 EMAIL: NEWYORKLAWYER@MSN.COM Via Email To: sinead@goralaw.com And Via First Class Mail To: February 23, 2018 Sinead Rafferty, Esq. Gora, LLC 9 West Broad Street, Suite 550 Stamford, CT 06902 Re: Trust Mortgage LLC., v. Peter Andrews & Gregory Palmer et al. Index No. 650699/15 Dear Ms. Rafferty: Plaintiff has been trying to obtain outstanding discovery from Peter Andrews, Gregory Palmer, DBI Coinvestment Fund VIII, LLC, DBI Coinvestor Fund VIII, LLC, & Dream Builder Investments, (" LLC, your clients,") and schedule depositions for over two years. 1. The PC Order dated February 2, 2016, directed in part that "all Defendants shall respond to Plaintiff's duly served Notice of Discovery and Disclosure Demands dated January 12, 2016, on or before March 3, 2016, Additionally, Plaintiff duly served deposition demands dated May 2015" 26, [DE 90]. 2. The CC Order dated June 7, 2016 directed in part that Defendants Peter Andrews, Gregory Palmer, DBI Coinvestment Fund VIII, LLC, DBI Coinvestor Fund VIII, LLC, & Dream Builder Investments, LLC, shall respond to Plaintiff's duly served Notice of Discovery & Inspection, Combined Discovery Demands dated January 12, 2016 on or before July 7, 2016 and your clients were to be deposed prior to all other parties. [DE 91]. 3. On July 8, 2016, Plaintiff furnished your clients with a good faith letter [DE 102]. 4. On August 10, 2016, Plaintiff furnished your clients with a good faith letter [DE 103]. 5. Due to your client's failure to furnish discovery, Plaintiff brought its first discovery motion dated September 19, 2016 [DE 99]. 6. The CC Order dated September 20, 2016 ordered in part that "regarding Plaintiff's Discovery Demands dated January 12, 2016, Defendants, Peter Andrews, Gregory Palmer, DBI Coinvestment Fund VIII, LLC, DBI Coinvestor Fund VIII, LLC, & Dreambuilder are directed to respond to Plaintiff's Discovery Demands with complete responses along with all responsive 1 of 13
documents indicating which demands the documents are responding to within 30 days and your clients were to be deposed prior to all other parties [DE 108]. 7. On March 22, 2017, Plaintiff served your clients with a deficiency letter [DE 158] and Plaintiff served your clients with a Demand for Interrogatories [DE 159]. 8. The CC Order dated August 8, 2017 directed that "Defendants Andrews, Palmer and the DBI have failed to respond to Plaintiff's Deficiency Letter, dated March 22, 2017, Interrogatories dated March 22, 2017, & Combined Discovery Demands dated January 12, 2016, Defendant to Comply with all of Plaintiff's outstanding discovery by September 8, 2017 or face preclusion. Depositions no later than October 27, 2017, Defendants deposition to proceed first [DE 165]. 9. By email dated August 8, 2017 plaintiff demanded outstanding discovery and to schedule depositions of your clients [DE 178]. 10. On August 24, 2017 Plaintiff served your clients with a good faith letter [DE 177]. 11. After your clients continued failure to comply with discovery, on September 19, 2017 Plaintiff brought its second discovery motion [DE 171]. 12. On November 20, 2017 you informed my office that you will be representing your clients. 13. On November 21, 2017, at the conclusion of the deposition of William Weinstein, the principal of Stelis, on the record we discussed discovery: Mr. Huebner: "Are you going to give me outstanding discovery, Sinead? Ms. Rafferty: I have to speak with my client. I'm just getting up to speed on this case. A true copy of the cover page and relevant transcript is attached hereto as Exhibit A. 14. By telephone conference on November 22, 2017 I reiterated your clients' clients obligation to furnish outstanding discovery and to hold depositions and by email that day you responded, "I have not yet had an opportunity to discuss discovery with my clients and will do so after the holiday." A true copy of your email November 22, 2017 is attached hereto as Exhibit B. 15. Notably, on November 30, 2017 you were able to file your clients' clients opposition to Plaintiff's motion to reargue in the Appellate Division. However, to date you have failed to furnish outstanding discovery or schedule the deposition of your clients. 16. On November 30, 2017 I contacted you by email and have yet to receive a response. 17. On December 29, 2017 I sent you a further good faith letter regarding discovery, a copy of which is attached hereto as Exhibit C. 18. Moreover, I left messages with you regarding outstanding discovery on November 30, 2017, December 1, 2017, December 15, 2017, December 29, 2017, January 15, 2018, January 29, of 2018 and February 16, 2018. To date none my calls have been returned. 2 of 13
Pursuant to Uniform Rules 202.7. (c) let this again serve as a good faith notice regarding the foregoing. Thank you for your consideration in this matter. Please feel free to contact the undersigned with any questions. Very truly yours, / s / Levi Huebner Levi Huebner LH:el Encls. 3 of 13
Exhibit A 4 of 13
1 340 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 --------------------------X 4 TRUST MORTGAGE, LLC, 1 5 Plaintiff, 6 -against- Index 650699/2015 No: 7 PETER ANDREWS, GREGORY PALMER a/k/a GREG PALMER, DBI COINVESTMENT FUND VIII, LLC, DBI 8 COINVESTOR VIII, LLC, DREAMBUILDER 9 INVESTMENTS, LLC and STELIS, LLC, Defendants. 10 --------------------------X 11 November 21, 2017 2:00 p.m. 12 13 14 Continued telephone deposition of 15 WILLIAM S. WEINSTEIN, taken by plaintiff, 16 pursuant to stipulation, at the offices of 17 Levi Huebner 6 Associates, 535 Dean Street, 18 Brooklyn, New York 11217, before Joseph B. 19 Pirozzi, a Registered Professional Reporter 20 and Notary Public of the State of New York. 21 22 23 24 25 PIROZZI 6 HILLMAN 212-213-5858 5 of 13
1 341 2 APPEARANCES: 3 4 5 LEVI HUEBNER 6 ASSOCIATES, PC 6 Attorneys for Plaintiff 7 535 Dean Street - Suite 100 8 Brooklyn, New York 11217 9 BY: LEVI HUEBNER 10 11 12 GORA, LLC 13 Attorneys for Defendants Peter Andrews 1 il n ~ 1 n ~ 1 14 Gregory Palmer a/k/a /1 / Greg Palmer, DBI 15 Coinvestment Fund VIII, LLC, DBI 16 Coinvestor VIII, LLC, Dreambuilder 17 Investments, LLC 18 9 West Broad Street 19 Suite 550 20 Stamford, CT 06902 21 BY: SINEAD RAFFERTY (Via telephone) 22 23 24 25 PIROZZI 6 HILLMAN 212-213-5858 6 of 13
1 Weinstein 418 2 MR. HUEBNER: Thank you very 3 much. 4 MR. KAPLAN: Are we going to do 5 any more scheduling? I don't know, we' 6 we've got to get this case over with. 7 MR. HUEBNER: Are you going to 8 give me my outstanding discovery, 9 Sinead? 10 MS. RAFFERTY: I have to speak to 11 my client. I'm just getting up to 12 speed on this case. 13 MR. HUEBNER: That's not an 1 il 1 14 answer, but I got it. We' 15 Thank you very much. re off 16 the record. 17 (Time noted: 3:50 p.m.) 18 19 20 21 22 23 24 25 PIROZZI 6 HILLMAN 212-213-5858 7 of 13
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newyorklawyer@msn.com From: Sinead Rafferty <sinead@goralaw.com> Sent: Wednesday, November 22, 2017 6:16 PM To: Levi Huebner Esq Subject: Trust Mortgage v. Peter Andrews et al. Dear Levi: This e-mail memorializes the conversation we had this evening regarding the substitution of counsel papers filed in the above referenced matter. I am now the sole attorney of record for Peter Andrews, Gregory Palmer a/k/a Greg Palmer, DBI Coinvestment Fund VIII LLC, DBI Coinvestor Fund VIII LLC, and Dreambuilder Investments, LLC and have replaced Paul Verner as to all of the aforementioned defendants. Additionally, having only been involved in this case since yesterday, I have not yet had the opportunity to discuss outstanding discovery with my clients and will do so after the holiday. Have a happy thanksgiving. Best, Sinead Rafferty Sinead Rafferty Gora LLC 9 W. Broad Street, Suite 550 Stamford, CT 06902 Phone: (646) 298-8523 Email: Sinead@GoraLaw.com www.qoralaw.com 1 9 of 13
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LEVI HUEBNER& ASSOCIATES, PC ATTORNEYS AND COUNSELORS AT LAW 338 ATLANTIC AVENUE, SUITE 202 BROOKLYN, NY 11201 TEL: (212) 354-5555 FAX: (718) 636-4444 EMAIL: NEWYORKLAWYER@MSN.COM December 29, 2017 Via Email To: sinead@goralaw.com And Via First Class Mail To: Sinead Rafferty, Esq. Gora, LLC 9 West Broad Street, Suite 550 Stamford, CT 06902 Re: Trust Mortgage LLC., v. Peter Andrews & Gregory Palmer et al. Index No. 650699/15 Dear Ms. Rafferty: Plaintiff has been trying to obtain outstanding discovery from Peter Andrews, Gregory Palmer, DBI Coinvestment Fund VIII, LLC, DBI Coinvestor Fund VIII, LLC, & Dream Builder Investments, (" LLC, your clients,") and schedule depositions for over two years. 1. The PC Order dated February 2, 2016, directed in part that "all Defendants shall respond to Plaintiff's duly served Notice of Discovery and Disclosure Demands dated January 12, 2016, on or before March 3, 2016, Additionally, Plaintiff duly served deposition demands dated May 2015" 26, [DE 90]. 2. The CC Order dated June 7, 2016 directed in part that Defendants Peter Andrews, Gregory Palmer, DBI Coinvestment Fund VIII, LLC, DBI Coinvestor Fund VIII, LLC, & Dream Builder Investments, LLC, shall respond to Plaintiff's duly served Notice of Discovery & Inspection, Combined Discovery Demands dated January 12, 2016 on or before July 7, 2016 and your clients were to be deposed prior to all other parties. [DE 91]. 3. On July 8, 2016, Plaintiff furnished your clients with a good faith letter [DE 102]. 4. On August 10, 2016, Plaintiff furnished your clients with a good faith letter [DE 103]. 5. Due to your client's failure to furnish discovery, Plaintiff brought its first discovery motion dated September 19, 2016 [DE 99]. 6. The CC Order dated September 20, 2016 ordered in part that "regarding Plaintiff's Discovery Demands dated January 12, 2016, Defendants, Peter Andrews, Gregory Palmer, DBI Coinvestment Fund VIII, LLC, DBI Coinvestor Fund VIII, LLC, & Dreambuilder are directed to respond to Plaintiff's Discovery Demands with complete responses along with all responsive 11 of 13
documents indicating which demands the documents are responding to within 30 days and your clients were to be deposed prior to all other parties [DE 108]. 7. On March 22, 2017, Plaintiff served your clients with a deficiency letter [DE 158] and Plaintiff served your clients with a Demand for Interrogatories [DE 159]. 8. The CC Order dated August 8, 2017 directed that "Defendants Andrews, Palmer and the DBI have failed to respond to Plaintiff's Deficiency Letter, dated March 22, 2017, Interrogatories dated March 22, 2017, & Combined Discovery Demands dated January 12, 2016, Defendant to Comply with all of Plaintiff's outstanding discovery by September 8, 2017 or face preclusion. Depositions no later than October 27, 2017, Defendants deposition to proceed first [DE 165]. 9. By email dated August 8, 2017 plaintiff demanded outstanding discovery and to schedule depositions of your clients [DE 178]. 10. On August 24, 2017 Plaintiff served your clients with a good faith letter [DE 177]. 11. After your clients continued failure to comply with discovery, on September 19, 2017 Plaintiff brought its second discovery motion [DE 171]. 12. On November 20, 2017 you informed my office that you will be representing your clients. 13. On November 21, 2017, at the conclusion of the deposition of William Weinstein, the principal of Stelis, on the record we discussed discovery: Mr. Huebner: "Are you going to give me outstanding discovery, Sinead? Ms. Rafferty: I have to speak with my client. I m just getting up to speed on this case. 14. By telephone conference on November 22, 2017 I reiterated your clients obligation to furnish outstanding discovery and to hold depositions and by email that day you responded, "I have not holiday." yet had an opportunity to discuss discovery with my clients and will do so after the 15. Notably, on November 30, 2017 you were able to file your clients opposition to Plaintiff's motion to reargue in the Appellate Division. However, to date you have failed to furnish outstanding discovery or schedule the deposition of your clients. 16. On November 30, 2017 I contacted you by email and received no response. 17. Moreover, I left messages with you regarding outstanding discovery on November 30, 2017, December 1, 2017, December 15, 2017, and December 29, 2017. To date none of my been returned. calls have Pursuant to Uniform Rules $ 202.7. (c) let this again serve as a good faith notice regarding the foregoing. 12 of 13
Thank you for your consideration in this matter. Please feel free to contact the undersigned with any questions. Very truly yours, / s / Levi Huebner Levi Huebner LH:el 13 of 13