Susman godfrey 1.1.p. a registered limited liability partnership SUITE 5100 1000 LOUISIANA STREET HOUSTON, TEXAS 77002-5096 Suite 5100 901 Main Street Dallas, Texas 75202-3775 Suite 950 1901 Avenue d the Stan Los Angeles. California 90067-6029 Narry P. Susman February 11, 2011 VIA EMAIL The Honorable Anthony J. Carpinello JAMS 620 Eighth Avenue, 346' Floor New York, NY 10018 Suite 3800 1201 Third Avenue Seattle, Washington 98101-3000 15th Floor 560 Lexington Avenue New York. New York 10022.6828 Re: FORTRESS VERF I LLC and FORTRESS VALUE RECOVERY vs. JEEPERS, INC. JAMS Ref. No.: 1425006537 Dear Judge Carpinello: Financial Trust Company, Inc. and Jeepers, Inc. (collectively "FTC") submit this letter requesting permission to take the deposition of Perry Gruss. As Your Honor is aware, this dispute centers on FTC's effort to withdraw its investment in a hedge fund run by Daniel Zwirn, called D.B. Zwim Special Opportunities Fund, L.P. ("Fund"). As the former Chief Financial Officer of Zwirn's management company, Gruss is a critical witness to this dispute. In October 2006, Zwim informed FTC that Gruss had been fired for permitting certain improper financial transactions to occur, and subsequently, that additional improprieties had surfaced after Gross's termination. In response, FTC demanded a withdrawal of its entire capital account investment-ft) the Fund, which was worth an estimated $130 million at the time. After numerous discussions, on November 13, 2006, Zwirn and the Fund persuaded FTC to agreed to reduce FTC's its-withdrawal to $80 million. In March 2007, the Fund reneged in writing on its agreement to honor FTC's reduced the-$80 million withdrawal-in-writing, claiming for the first time that under a Letter Agreement between the Fund and FTC dated January 1, 2005 ("Letter Agreement"), FTC only had a right to make demand—a complete withdrawal of its capital I455007vI/011585 EFTA01110823