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FILED: NEW YORK COUNTY CLERK 05/02/2019 06:50 PM INDEX NO. 652795/2017
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 05/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 652795/2017
SANG CHEOL WOO,
Hon Justice O. Peter Sherwood,
J.S.C.
Plaintiff, Part 49
v. Motion Sequence # 3
CHARLES C. SPACKMAN,
Defendant.
Affirmation of Darryl Stein
I, Darryl Stein, an attorney duly admitted to practice before the Courts of the State of New
York, hereby affirms under penalty of perjury pursuant to CPLR § 2106(a) as follows:
1. I am associated with Kobre & Kim LLP, 800 Third Avenue, New York, New York
10022, attorneys for the Plaintiff Sang Cheol Woo in the above-captioned action.
2. I make this affirmation in support of Mr. Woo’s (I) Opposition to Matalon Shweky
Elman PLLC’s (“MSE”) and Elman Freiberg PLLC’s (“EF”) (together, the “Movants”) Motion
for a Protective Order and (II) Cross-Motion for Garnishment.
3. Annexed as “Exhibit 1 – Han Affidavit” is a true and correct copy of the affidavit
of John Han filed in the High Court of the Republic of Singapore (the “Singapore Court”) in Sang
Cheol Woo v. Charles Choi Spackman (HC/S 211/2019).1
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Mr. Han’s affidavit is being filed without the 1,249 pages of exhibits that were annexed when it
was submitted. The full set of exhibits is available to the Court upon request.
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4. Annexed as “Exhibit 2 – Azur lnvestissement Ltd Registered Agent Production” is
a true and correct copy of the February 22, 2019 production from Overseas Management Company
Trust (B.V.I.) Ltd. regarding Azur lnvestissement Ltd.
5. Annexed as “Exhibit 3 – DVG Limited and GD Enterprise Holdings Ltd Registered
Agent Production” is a true and correct copy of the February 22, 2019 production from AMS
Trustees Limited regarding DVG Limited and GD Enterprise Holdings Ltd.
6. Annexed as “Exhibit 4 – GD Enterprise Holdings Ltd Registered Agent
Production” is a true and correct copy of the February 22, 2019 production from CCS Trustees
Limited enclosing regarding GD Enterprise Holdings Ltd.
7. Annexed as “Exhibit 5 – Trinity Capital Advisors Limited Registered Agent
Production” is a true and correct copy of the February 22, 2019 production from Overseas
Management Company Trust (B.V.I.) Ltd. regarding Trinity Capital Advisors Limited.
8. Annexed as “Exhibit 6 – BVI Worldwide Freezing Orders against Azur
Investissement Ltd., DVG Limited, GD Enterprise Holdings Ltd, and Trinity Capital Advisors
Limited” are true and correct copies of worldwide freezing orders issued by the Eastern Caribbean
Supreme Court in the High Court of Justice Virgin Islands Commercial Division on April 11, 2019.
9. Annexed as “Exhibit 7 – Singapore Freezing Orders against Charles C. Spackman,
Richard Lee, GD Enterprise Holdings Ltd., DVG Limited, Azur Investissement Ltd., and Trinity
Capital Advisors Limited” are true and correct copies of freezing orders issued by the Singapore
Court on April 23, 2019.
10. Annexed as “Exhibit 8 - SMG Register of Members” is a true and correct copy of
Spackman Media Group’s Register of Members obtained on March 21, 2019.
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NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 05/02/2019
11. Annexed as “Exhibit 9 – Spackman Entertainment Group Announcements” is a
true and correct copy of Spackman Entertainment Group announcements dated October 10, 2017,
December 22, 2017, May 21, 2018, and August 4, 2018.
12. Annexed as “Exhibit 10 – Wire Transfers by Spackman Media Group and Richard
Lee to Quinn Emanuel Urquhart & Sullivan, LLP” is a true and correct copy of wire transfer
records produced by Quinn Emanuel Urquhart & Sullivan, LLP.
13. Annexed as “Exhibit 11 – MSE and EF Retention Letters” is a true and correct
copy of Mr. Spackman’s retention agreements with Movants produced by the Movants.
14. On behalf of Mr. Woo, I have been in contact with Judd Spray on behalf of the
Movants about this matter. In those discussions, Mr. Spray and I have discussed the status of the
balance of the retainer held by the Movants on behalf of Mr. Spackman. Mr. Spray has taken the
position that the funds at issue in the motion should be used to pay Movants’ invoices and should
not be turned over to Mr. Woo. I have taken the position, on behalf of Mr. Woo, that Mr. Woo is
entitled to the balance of the retainer and that they should be turned over to Mr. Woo.
15. To date, Mr. Spackman has not satisfied this Court’s judgment against him.
Dated: May 2, 2019
By: /s/ Darryl Stein
Darryl Stein
Attorney for Plaintiff/Judgment
Creditor Sang Cheol Woo
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NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 05/02/2019
CERTIFICATION OF WORD COUNT
Pursuant to Commercial Division Rule 17, I hereby certify that the number of words in the
accompanying Affirmation in support of Mr. Woo’s Opposition to Matalon Shweky Elman
PLLC’s and Elman Frieberg PLLC’s Motion for a Protective Order and his Cross-Motion for
Garnishment is 668, excluding the caption, table of contents, table of authorities, and signature
block, according to the word count by MS Word used to prepare the document.
Dated: May 2, 2019
New York, NY
By: /s/ Darryl Stein
Darryl Stein
Darryl.stein@kobrekim.com
Kobre & Kim LLP
800 Third Avenue
New York, New York 10022
Tel: +1 212 488 1200
Fax: + 1 212 488 1220
Attorney for Plaintiff/
Judgment Creditor Sang
Cheol Woo
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FILED: NEW YORK COUNTY CLERK 05/02/2019 06:50 PM INDEX NO. 652795/2017 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 05/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 652795/2017 SANG CHEOL WOO, Hon Justice O. Peter Sherwood, J.S.C. Plaintiff, Part 49 v. Motion Sequence # 3 CHARLES C. SPACKMAN, Defendant. Affirmation of Darryl Stein I, Darryl Stein, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms under penalty of perjury pursuant to CPLR § 2106(a) as follows: 1. I am associated with Kobre & Kim LLP, 800 Third Avenue, New York, New York 10022, attorneys for the Plaintiff Sang Cheol Woo in the above-captioned action. 2. I make this affirmation in support of Mr. Woo’s (I) Opposition to Matalon Shweky Elman PLLC’s (“MSE”) and Elman Freiberg PLLC’s (“EF”) (together, the “Movants”) Motion for a Protective Order and (II) Cross-Motion for Garnishment. 3. Annexed as “Exhibit 1 – Han Affidavit” is a true and correct copy of the affidavit of John Han filed in the High Court of the Republic of Singapore (the “Singapore Court”) in Sang Cheol Woo v. Charles Choi Spackman (HC/S 211/2019).1 1 Mr. Han’s affidavit is being filed without the 1,249 pages of exhibits that were annexed when it was submitted. The full set of exhibits is available to the Court upon request. 1 1 of 4 FILED: NEW YORK COUNTY CLERK 05/02/2019 06:50 PM INDEX NO. 652795/2017 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 05/02/2019 4. Annexed as “Exhibit 2 – Azur lnvestissement Ltd Registered Agent Production” is a true and correct copy of the February 22, 2019 production from Overseas Management Company Trust (B.V.I.) Ltd. regarding Azur lnvestissement Ltd. 5. Annexed as “Exhibit 3 – DVG Limited and GD Enterprise Holdings Ltd Registered Agent Production” is a true and correct copy of the February 22, 2019 production from AMS Trustees Limited regarding DVG Limited and GD Enterprise Holdings Ltd. 6. Annexed as “Exhibit 4 – GD Enterprise Holdings Ltd Registered Agent Production” is a true and correct copy of the February 22, 2019 production from CCS Trustees Limited enclosing regarding GD Enterprise Holdings Ltd. 7. Annexed as “Exhibit 5 – Trinity Capital Advisors Limited Registered Agent Production” is a true and correct copy of the February 22, 2019 production from Overseas Management Company Trust (B.V.I.) Ltd. regarding Trinity Capital Advisors Limited. 8. Annexed as “Exhibit 6 – BVI Worldwide Freezing Orders against Azur Investissement Ltd., DVG Limited, GD Enterprise Holdings Ltd, and Trinity Capital Advisors Limited” are true and correct copies of worldwide freezing orders issued by the Eastern Caribbean Supreme Court in the High Court of Justice Virgin Islands Commercial Division on April 11, 2019. 9. Annexed as “Exhibit 7 – Singapore Freezing Orders against Charles C. Spackman, Richard Lee, GD Enterprise Holdings Ltd., DVG Limited, Azur Investissement Ltd., and Trinity Capital Advisors Limited” are true and correct copies of freezing orders issued by the Singapore Court on April 23, 2019. 10. Annexed as “Exhibit 8 - SMG Register of Members” is a true and correct copy of Spackman Media Group’s Register of Members obtained on March 21, 2019. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 05/02/2019 06:50 PM INDEX NO. 652795/2017 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 05/02/2019 11. Annexed as “Exhibit 9 – Spackman Entertainment Group Announcements” is a true and correct copy of Spackman Entertainment Group announcements dated October 10, 2017, December 22, 2017, May 21, 2018, and August 4, 2018. 12. Annexed as “Exhibit 10 – Wire Transfers by Spackman Media Group and Richard Lee to Quinn Emanuel Urquhart & Sullivan, LLP” is a true and correct copy of wire transfer records produced by Quinn Emanuel Urquhart & Sullivan, LLP. 13. Annexed as “Exhibit 11 – MSE and EF Retention Letters” is a true and correct copy of Mr. Spackman’s retention agreements with Movants produced by the Movants. 14. On behalf of Mr. Woo, I have been in contact with Judd Spray on behalf of the Movants about this matter. In those discussions, Mr. Spray and I have discussed the status of the balance of the retainer held by the Movants on behalf of Mr. Spackman. Mr. Spray has taken the position that the funds at issue in the motion should be used to pay Movants’ invoices and should not be turned over to Mr. Woo. I have taken the position, on behalf of Mr. Woo, that Mr. Woo is entitled to the balance of the retainer and that they should be turned over to Mr. Woo. 15. To date, Mr. Spackman has not satisfied this Court’s judgment against him. Dated: May 2, 2019 By: /s/ Darryl Stein Darryl Stein Attorney for Plaintiff/Judgment Creditor Sang Cheol Woo 3 3 of 4 FILED: NEW YORK COUNTY CLERK 05/02/2019 06:50 PM INDEX NO. 652795/2017 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 05/02/2019 CERTIFICATION OF WORD COUNT Pursuant to Commercial Division Rule 17, I hereby certify that the number of words in the accompanying Affirmation in support of Mr. Woo’s Opposition to Matalon Shweky Elman PLLC’s and Elman Frieberg PLLC’s Motion for a Protective Order and his Cross-Motion for Garnishment is 668, excluding the caption, table of contents, table of authorities, and signature block, according to the word count by MS Word used to prepare the document. Dated: May 2, 2019 New York, NY By: /s/ Darryl Stein Darryl Stein Darryl.stein@kobrekim.com Kobre & Kim LLP 800 Third Avenue New York, New York 10022 Tel: +1 212 488 1200 Fax: + 1 212 488 1220 Attorney for Plaintiff/ Judgment Creditor Sang Cheol Woo 4 4 of 4