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CAUSE NO. DC-16-00007
SUNIL RAMNANI, § IN THE DISTRICT COURT
MUKHTIAR GREWAL, §
and HARDEEP GREWAL, §
§
Plaintiffs, §
§
v. § OF DALLAS COUNTY, TEXAS
§
ZAYA YOUNAN, YOUNAN §
PROPERTIES, INC., and YOUNAN §
INVESTMENT PROPERTIES, L.P., §
BRIAN HENNESSEY, and §
NARBEH “NICK” TATEVOSSIAN, §
§
Defendants. § 95TH JUDICIAL DISTRICT
STATE OF TEXAS LETTER ROGATORY
TO: Any Clerk or Justice of a Court, or any other Competent Judicial or Official Authority in
California, who is authorized to take Depositions, Administer Oaths, Summon Witnesses
or Compel Testimony outside the State of Texas
Before this Court is the above-captioned lawsuit, and Plaintiffs, Sunil Ramnani, Mukhtiar
Grewal and Hardeep Grewal (“Plaintiffs”), seek to take the deposition of and compel the
production of documents from Benjamin Fried (“Fried”), whose address is 13214 Chandler
Blvd., Sherman Oaks, CA 91401.
Benjamin Fried is a former partner of Deloitte Touche and as such is familiar with and
has knowledge of the December 31, 2004 audit of Younan Properties, Inc.; the December 31,
2005 audit of YPI Park Central Holdings, L.P.; and the December 31, 2005 audit of YPI Central
Expressway Holding, L.P., the official audit opinions issued regarding these audits, and the later
withdrawal of said audit opinions.
Plaintiffs’ allegations center around fraud in connection with commercial real estate
investments located almost entirely in Texas. Plaintiffs have learned that Defendants, Zaya
STATE OF TEXAS LETTER ROGATORY Page 1
Younan (“Younan”), Younan Properties, Inc. (“YPI”) and Younan Investment Properties L.P.
(“YIP LP”) (collectively, “Younan Defendants”), Brian Hennessey (“Hennessey”) and Narbeh
Tatevossian (“Tatevossian), defrauded Plaintiffs by secretly and purposefully routing investor
funds that were designated for commercial real estate purchases into Younan’s personal
accounts.
Fried has knowledge and documents concerning these allegations that are highly relevant
and discoverable.
Accordingly, this Court requests your assistance in compelling Fried to personally appear
for a deposition and to produce documents requested in the Notice of Intent to Take the Oral and
Videotaped Deposition of Benjamin Fried attached hereto as Exhibit “1.”
The witness should be examined under oath. If that is not possible within your laws, or it
is impossible to perform for any reason because the internal practice and procedure of your
Court, or by reason of practical difficulties, the examination should take place in accordance with
whatever procedure your laws provide for in these matters.
It is, therefore, requested that you assist this Court in serving the interest of justice by
issuing a subpoena, or equivalent instrument, compelling Benjamin Fried to appear, give
testimony and produce documents described in the Notice of Intent to Take the Oral and
Videotaped Deposition of Benjamin Fried attached hereto as Exhibit “1.” The deposition should
take place on a date to be determined after the issuance of the subpoena or equivalent instrument,
at the offices of Bradley & Gmelich, 700 North Brand Blvd., 10th Floor, Glendale, CA 91203;
telephone 818-243-5200, or at any other location that you deem appropriate.
This Letter Rogatory is authorized by Court Order.
STATE OF TEXAS LETTER ROGATORY Page 2
SIGNED this ____ day of _______________, 2016.
______________________________________
CLERK OF THE COURT
STATE OF TEXAS LETTER ROGATORY Page 3
CAUSE NO. DC-16-00007
SUNIL RAMNANI, § IN THE DISTRICT COURT
MUKHTIAR GREWAL, §
and HARDEEP GREWAL, §
§
Plaintiffs, §
§
v. § OF DALLAS COUNTY, TEXAS
§
ZAYA YOUNAN, YOUNAN §
PROPERTIES, INC., and YOUNAN §
INVESTMENT PROPERTIES, L.P., §
BRIAN HENNESSEY, and §
NARBEH “NICK” TATEVOSSIAN, §
§
Defendants. § 95TH JUDICIAL DISTRICT
PLAINTIFFS’ NOTICE OF INTENT
TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION
OF BENJAMIN FRIED
TO: Benjamin Fried, 13214 Chandler Blvd., Sherman Oaks, CA 91401.
TO: Defendants, Zaya Younan, Younan Properties, Inc., and Younan Investment Properties,
L.P., Brian Hennessey and Narbeh Tatevossian, by and through their attorneys of record,
Jonathan R. Childers, Michael T.E. Kalis, Britta E. Stanton, Lynn Pinker Cox & Hurst
LLP, 2100 Ross Avenue, Suite 2700, Dallas, TX 75201; James M. McCown, Nesbitt,
Vassar & McCown, L.L.P., 15851 Dallas Parkway, Suite 800, Addison, TX 75001.
PLEASE TAKE NOTICE that, under Rules 199 and 201(c) of the Texas Rules of Civil
Procedure, Plaintiffs will take the oral and videotaped deposition of BENJAMIN FRIED. The
deposition will be held at the offices of Bradley & Gmelich, 700 North Brand Blvd., 10th Floor,
Glendale, CA 91203; telephone 818-243-5200. The deposition will be taken on a date to be
determined, and will continue pursuant to the time limitations set forth in Tex. R. Civ. P.
199.5(c).
Benjamin Fried is a former partner of Deloitte Touche and as such is familiar with and
has knowledge of the December 31, 2004 audit of Younan Properties, Inc.; the December 31,
PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL
AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 1
EXHIBIT 1
2005 audit of YPI Park Central Holdings, L.P.; and the December 31, 2005 audit of YPI Central
Expressway Holding, L.P., the official audit opinions issued regarding these audits, and the later
withdrawal of said audit opinions. Pursuant to Tex. R. Civ. P. 199.1(c), notice is given that the
deposition may be recorded by stenographic means and by non-stenographic videotape recording
by a certified court reporter. Pursuant to Tex. R. Civ. P. 199.2(b)(5), Benjamin Fried is also
directed produce all documents reviewed to prepare to testify at this deposition.
PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL
AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 2
EXHIBIT 1
Respectfully submitted,
________________________________
John L. Malesovas
Malesovas Law Firm
State Bar No. 12857300
1801 South Mopac Expressway, Suite 320
Austin, TX 78746
Telephone: (512) 708-1777
Telecopier: (512) 708-1779
john@malesovas.com
and
Anthony L. Vitullo
State Bar No. 20595500
Ryan T. Steinbrunner
State Bar No. 24093201
Fee, Smith, Sharp & Vitullo, L.L.P.
Three Galleria Tower
13155 Noel Road, Suite 1000
Dallas, TX 75240
Telephone: (972) 934-9100
Telecopier: (972) 934-9200
lvitullo@feesmith.com
rsteinbrunner@feesmith.com
ATTORNEYS FOR PLAINTIFFS
PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL
AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 3
EXHIBIT 1
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document has
been served on all counsel of record on June 8, 2016, in accordance with the Texas Rules of
Civil Procedure to:
Jonathan R. Childers
Michael T.E. Kalis
Britta E. Stanton
Lynn Pinker Cox & Hurst, LLP
2100 Ross Avenue, Suite 2700
Dallas, TX 75201
214-981-3829 Facsimile
jchilders@lynnllp.com
mkalis@lynnllp.com
bstanton@lynnllp.com
Attorneys for Defendants, Zaya Younan, Younan Properties, Inc., Younan Investment
Properties, Inc., and Younan Investment Properties, L.P.
James M. McCown
Nesbitt, Vassar & McCown, L.L.P.
15851 Dallas Parkway, Suite 800
Addison, TX 75001
972-371-2410 Facsimile
jmccown@nvmlaw.com
Attorneys for Defendants, Brian Hennessey and Narbeh Tatevossian
_________________________________
John L. Malesovas
PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL
AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 4
EXHIBIT 1
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CAUSE NO. DC-16-00007 SUNIL RAMNANI, § IN THE DISTRICT COURT MUKHTIAR GREWAL, § and HARDEEP GREWAL, § § Plaintiffs, § § v. § OF DALLAS COUNTY, TEXAS § ZAYA YOUNAN, YOUNAN § PROPERTIES, INC., and YOUNAN § INVESTMENT PROPERTIES, L.P., § BRIAN HENNESSEY, and § NARBEH “NICK” TATEVOSSIAN, § § Defendants. § 95TH JUDICIAL DISTRICT STATE OF TEXAS LETTER ROGATORY TO: Any Clerk or Justice of a Court, or any other Competent Judicial or Official Authority in California, who is authorized to take Depositions, Administer Oaths, Summon Witnesses or Compel Testimony outside the State of Texas Before this Court is the above-captioned lawsuit, and Plaintiffs, Sunil Ramnani, Mukhtiar Grewal and Hardeep Grewal (“Plaintiffs”), seek to take the deposition of and compel the production of documents from Benjamin Fried (“Fried”), whose address is 13214 Chandler Blvd., Sherman Oaks, CA 91401. Benjamin Fried is a former partner of Deloitte Touche and as such is familiar with and has knowledge of the December 31, 2004 audit of Younan Properties, Inc.; the December 31, 2005 audit of YPI Park Central Holdings, L.P.; and the December 31, 2005 audit of YPI Central Expressway Holding, L.P., the official audit opinions issued regarding these audits, and the later withdrawal of said audit opinions. Plaintiffs’ allegations center around fraud in connection with commercial real estate investments located almost entirely in Texas. Plaintiffs have learned that Defendants, Zaya STATE OF TEXAS LETTER ROGATORY Page 1 Younan (“Younan”), Younan Properties, Inc. (“YPI”) and Younan Investment Properties L.P. (“YIP LP”) (collectively, “Younan Defendants”), Brian Hennessey (“Hennessey”) and Narbeh Tatevossian (“Tatevossian), defrauded Plaintiffs by secretly and purposefully routing investor funds that were designated for commercial real estate purchases into Younan’s personal accounts. Fried has knowledge and documents concerning these allegations that are highly relevant and discoverable. Accordingly, this Court requests your assistance in compelling Fried to personally appear for a deposition and to produce documents requested in the Notice of Intent to Take the Oral and Videotaped Deposition of Benjamin Fried attached hereto as Exhibit “1.” The witness should be examined under oath. If that is not possible within your laws, or it is impossible to perform for any reason because the internal practice and procedure of your Court, or by reason of practical difficulties, the examination should take place in accordance with whatever procedure your laws provide for in these matters. It is, therefore, requested that you assist this Court in serving the interest of justice by issuing a subpoena, or equivalent instrument, compelling Benjamin Fried to appear, give testimony and produce documents described in the Notice of Intent to Take the Oral and Videotaped Deposition of Benjamin Fried attached hereto as Exhibit “1.” The deposition should take place on a date to be determined after the issuance of the subpoena or equivalent instrument, at the offices of Bradley & Gmelich, 700 North Brand Blvd., 10th Floor, Glendale, CA 91203; telephone 818-243-5200, or at any other location that you deem appropriate. This Letter Rogatory is authorized by Court Order. STATE OF TEXAS LETTER ROGATORY Page 2 SIGNED this ____ day of _______________, 2016. ______________________________________ CLERK OF THE COURT STATE OF TEXAS LETTER ROGATORY Page 3 CAUSE NO. DC-16-00007 SUNIL RAMNANI, § IN THE DISTRICT COURT MUKHTIAR GREWAL, § and HARDEEP GREWAL, § § Plaintiffs, § § v. § OF DALLAS COUNTY, TEXAS § ZAYA YOUNAN, YOUNAN § PROPERTIES, INC., and YOUNAN § INVESTMENT PROPERTIES, L.P., § BRIAN HENNESSEY, and § NARBEH “NICK” TATEVOSSIAN, § § Defendants. § 95TH JUDICIAL DISTRICT PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED TO: Benjamin Fried, 13214 Chandler Blvd., Sherman Oaks, CA 91401. TO: Defendants, Zaya Younan, Younan Properties, Inc., and Younan Investment Properties, L.P., Brian Hennessey and Narbeh Tatevossian, by and through their attorneys of record, Jonathan R. Childers, Michael T.E. Kalis, Britta E. Stanton, Lynn Pinker Cox & Hurst LLP, 2100 Ross Avenue, Suite 2700, Dallas, TX 75201; James M. McCown, Nesbitt, Vassar & McCown, L.L.P., 15851 Dallas Parkway, Suite 800, Addison, TX 75001. PLEASE TAKE NOTICE that, under Rules 199 and 201(c) of the Texas Rules of Civil Procedure, Plaintiffs will take the oral and videotaped deposition of BENJAMIN FRIED. The deposition will be held at the offices of Bradley & Gmelich, 700 North Brand Blvd., 10th Floor, Glendale, CA 91203; telephone 818-243-5200. The deposition will be taken on a date to be determined, and will continue pursuant to the time limitations set forth in Tex. R. Civ. P. 199.5(c). Benjamin Fried is a former partner of Deloitte Touche and as such is familiar with and has knowledge of the December 31, 2004 audit of Younan Properties, Inc.; the December 31, PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 1 EXHIBIT 1 2005 audit of YPI Park Central Holdings, L.P.; and the December 31, 2005 audit of YPI Central Expressway Holding, L.P., the official audit opinions issued regarding these audits, and the later withdrawal of said audit opinions. Pursuant to Tex. R. Civ. P. 199.1(c), notice is given that the deposition may be recorded by stenographic means and by non-stenographic videotape recording by a certified court reporter. Pursuant to Tex. R. Civ. P. 199.2(b)(5), Benjamin Fried is also directed produce all documents reviewed to prepare to testify at this deposition. PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 2 EXHIBIT 1 Respectfully submitted, ________________________________ John L. Malesovas Malesovas Law Firm State Bar No. 12857300 1801 South Mopac Expressway, Suite 320 Austin, TX 78746 Telephone: (512) 708-1777 Telecopier: (512) 708-1779 john@malesovas.com and Anthony L. Vitullo State Bar No. 20595500 Ryan T. Steinbrunner State Bar No. 24093201 Fee, Smith, Sharp & Vitullo, L.L.P. Three Galleria Tower 13155 Noel Road, Suite 1000 Dallas, TX 75240 Telephone: (972) 934-9100 Telecopier: (972) 934-9200 lvitullo@feesmith.com rsteinbrunner@feesmith.com ATTORNEYS FOR PLAINTIFFS PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 3 EXHIBIT 1 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document has been served on all counsel of record on June 8, 2016, in accordance with the Texas Rules of Civil Procedure to: Jonathan R. Childers Michael T.E. Kalis Britta E. Stanton Lynn Pinker Cox & Hurst, LLP 2100 Ross Avenue, Suite 2700 Dallas, TX 75201 214-981-3829 Facsimile jchilders@lynnllp.com mkalis@lynnllp.com bstanton@lynnllp.com Attorneys for Defendants, Zaya Younan, Younan Properties, Inc., Younan Investment Properties, Inc., and Younan Investment Properties, L.P. James M. McCown Nesbitt, Vassar & McCown, L.L.P. 15851 Dallas Parkway, Suite 800 Addison, TX 75001 972-371-2410 Facsimile jmccown@nvmlaw.com Attorneys for Defendants, Brian Hennessey and Narbeh Tatevossian _________________________________ John L. Malesovas PLAINTIFFS’ NOTICE OF INTENT TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION OF BENJAMIN FRIED Page 4 EXHIBIT 1