LANKLER SIFFERT & WOHL LLP ATTORNEYS AT LAW IIIIIIIII New . I N. . 398 April 8, 2011 BY EMAIL The Honorable Anthony J. Carpinello JAMS 620 Eighth Avenue, 34th Floor New York, New York 10018 Re: Fortress VRF I LLC and Fortress Value Recovery Fund I LLC v. Jeepers, Inc. JAMS Ref. No. 1425006537 Dear Judge Carpinello: Third-Party Respondents and Counter-Respondents submit this letter regarding the deposition of Glenn Dubin. Third-Party Claimants Financial Trust Company, Inc. and Jeepers, Inc. (collectively, "Jeepers") solicited and received an affidavit from Mr. Dubin, which they attached to their Third-Party Claim. All parties have agreed that Mr. Dubin needs to be deposed for this arbitration. 00 Nonetheless, Jeepers has refused to produce Mr. Dubin for his de sition, claiming that it does not control him and suggesting that we contact his counsel. Mr. counsel has yet to confirm that Mr. Dubin will appear for his deposition, and has suggest at if he were to appear voluntarily, there would be certain conditions, including the presence of Your Honor. We submit that Mr. Dubin is not a mere third-party witness here, whose deposition testimony would serve as his trial testimony. Surely Mr. Dubin knew the affidavit was to be used in this case, especially since Jeffrey Epstein, Jeepers' principal, sent Mr. Dubin a draft affidavit the day before Mr. Dubin signed it (attached as Exhibit A). Having prevailed upon Mr. Dubin to provide an affidavit critical to its claims, Jeepers should not now be permitted to assert that he is beyond its control for purposes of testifying at a deposition. Simply put, if Jeepers could obtain an affidavit from Mr. Dubin as part of its pleading, it can (and should) produce him for a deposition before calling him as a witness at trial. EFTA01082212