LAN KLER SIFFERT& WOHL LLP ATTORNEYS AT LAW 33,40 FLOOR 500 FIFTH AVENUE New YoRK N Y 10110-3398 June 7. :.() BY EMAIL AND BY HAND The Honorable Anthony J. Carpinello JAMS 620 Eighth Avenue, 34th Floor New York, New York 10018 TELEPHONE 121219218399 TELEFAX 121217648701 Re: Fortress VRF I LLC & Fortress Value Recovery Fund I LLC v. Jeepers, Inc. JAMS Ref. No. 1425006537 Dear Judge Carpinello: is letter is respectful) milted on behalf of Third-Party Respondents Daniel Zwim and M. Zwim Partners, LLC, . Zwim & Co., ■., DBZ GP, LLC, and Zwim Holdings, LLC ("the Zwirn Entities") in opposition to the application of Financial Trust Company, Inc. and Jeepers (together, "FTC") to take the hearing testimony of Chris Suan in advance of the July 22 hearing date. We join in the letter of Paul Weiss on behalf of Fortress opposing FTC's application. In addition, the Zwim Entities urge Your Honor to deny the application for two additional reasons. First, advancing Chris Suan's deposition out of order to occur prior to the hearing will create an undue burden on the Third-Party Respondents. It is unfair to require Mr. Zwim and the Zwim Entities to prepare for Mr. Suan's hearing testimony out of context. Before examining Mr. Suan at any hearing, Mr. Zwirn and the Zwim Entities are entitled to have notice of FTC's case, which presumably will be set forth in pre-hearing briefs that are to be submitted two weeks prior to the hearing. At present we do not know the nature of FTC's fraud claim as concerns Mr. Zwirn and the Zwim Entities. Counsel for FTC has been less than clear about whether they will claim at the hearing that Mr. Zwim was involved in and/or was aware of the accounting improprieties at the time they occurred. Counsel for FTC has variously suggested that they may or may not call Perry Gruss as a witness at the hearing. Counsel for FTC has refused to commit whether they will or will not ask Mr. Suan about Mr. Zwirn's involvement in and know