Timcstamp: 5/25/2010 6:38 PM CDT FINRA ARBITRATION IN THE MATTER OF FINANCIAL TRUST COMPANY, INC., THE C.O.U.Q. FOUNDATION, INC., v. THE BEAR STEARNS COMPANIES, BEAR STEARNS & CO., BEAR STEARNS ASSET MANAGEMENT, AND WARREN SPECTOR Case No. 09-00979 Arbitrators: Claimant's Response to The Bear Stearns Respondents' First Request for the Production of Documents and Information Claimants Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. (collectively referred to as "FTC") hereby respond to The Bear Steams Respondents' First Request for the Production of Documents and Information as follows: OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS I. FTC objects to any and all instructions or definitions which would require FTC to respond in a manner beyond that required by the Code of Arbitration Procedure. 2. FTC objects to the instructions and requests that seek documents that are not in FTC's possession, custody or control. 3. FTC objects to each request to the extent that it calls for any documents that were prepared for or in anticipation of litigation, constitute attorney work-product, contain attorney- client communications, or are otherwise subject to a privilege. 4. FTC objects to the production of documents that contain proprietary and confidential information belonging to third parties. FTC will not produce such documents without the permission of the third party. 997243v1/011543 EFTA00731180