UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X PERRY A. GRUSS, Plaintiff, v. DANIEL B. ZWIRN, D.B. ZWIRN & CO., L.P. and D.B. ZWIRN PARTNERS, LLC, Defendants. X 09 cv 6441 (DC) ECF CASE ANSWER AND COUNTERCLAIMS OF DEFENDANTS D.B. ZWIRN & CO., L.P. AND D.B. ZWIRN PARTNERS, LLC JURY TRIAL DEMANDED Defendants D.B. Zwim & Co., L.P. (the "Company") and D.B. Zwim Partners, LLC ("DBZLLC"), by their attorneys Cooley Godward ICronish LLP, answer the Complaint and Jury Demand herein as follows: I. Aver that in 2006, defendant Daniel B. Zwim ("Zwim") was the managing member of Zwim Holdings, LLC, which was the managing member of DBZ GP, LLC, which was the general partner of the Company; aver that Zwim Holdings, LLC was also the managing member of DBZLLC; aver that the Company was the investment manager of investment funds ("Funds") and separate individual investment accounts ("Managed Accounts") (the Funds and the Managed Accounts, collectively the "Managed Funds"); aver that the Company directly or indirectly managed billions of dollars in assets, and that the Company and its affiliates at their peak employed more than two hundred employees in numerous offices throughout North America, Europe and Asia; deny knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations concerning Zwim, except admit that there was a time when Zwim owned a Gulfstream IV jet used for business purposes and that there were times in the summers when Zwim rented a home in Quogue, New York; aver that other allegations in EFTA00731279