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FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------x
SPECTRUM BLUE, LLC,
Plaintiff, Index No. 612557/2019
-against- DEFENDANT'S FIRST SET OF
COMBINED DISCOVERY
DANIEL ALIBAYOF, DEMANDS TO PLAINTIFF
(AMENDED NOTICE)
Defendant.
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PLEASE TAKE NOTICE that, pursuant to CPLR Art. 31, defendant Daniel Alibayof,
by his attorneys, Kazlow & Kazlow, hereby demands that plaintiff, Spectrum Blue LLC, provide
defendant with the following discovery, according to the definitions and instructions set forth
below:
Definitions and Instructions
1. All documents and tangible things requested herein shall be produced for inspection
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and copying, at the office of Kazlow & Kazlow, located at 237 West 35th Street, FlOOrb
York, New York 10001, at 10:00 a.m. on Wednesday, January 27, 2020, to the extent that they
are in the possession, custody or control of plaintiff, their attorneys, or their other agents.
2. Sworn responses to interrogatories shall be served in the maññer prescribed by CPLR §
3133, on or before January 27, 2020.
3. Responses to the other requests set forth below shall similarly be served on or before
January 27, 2020.
4. Unless otherwise stated or implied by a particular request, these demands seek
information and documents for the period from January 1, 2016 through the present.
5. As to any document requested, or about which information is requested, which is no
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longer in plaintiff's possession, custody or control, or which no longer exists, plaintiff is
requested to identify such document, itsauthor and addressee, each person to whom copies of the
document were furnished, or to whom the contents thereof were communicated, a summary of
the substance of the document and state whether itis missing or lost, has been destroyed, has
been transferred to others, or has otherwise been disposed of. As to each such document,
plaintiff is further requested to explain the circumstance of such disposition and the approximate
date thereof.
6. Pursuant to CPLR § 3101(h), these demands are deemed to be of a continuing nature.
If plaintiff acquires possession, custody or control, or become aware of any additional or different
documents or information responsive to these demands after the service of plaintiff's responses
thereto, plaintiff shall promptly furnish such additional documents or information to the
undersigned attorneys. In addition, plaintiff is required to amend or supplement their responses
promptly upon obtaining any information indicating that such responses are incorrect or
incomplete.
7. If the attorney-client privilege, work-product doctrine or any other privilege or
immunity is claimed as to any document or information called for by these demands, then
plaintiff shall state: (a) the date of such document; (b) the name(s) and addresses of the person(s)
who prepared it;( c ) the person(s) to whom itwas directed or circulated; (d) the name(s) and
address(es) of the person(s) who have custody of such document; (e) the nature of the objection;
(f)any and all facts and reasons that support each objection; (g) the reason or reasons for the
preparation of the document; and (h) the identity of each person who has knowledge of of the
any
facts or reasons that plaintiff claims as support for such objection or any of the reasoils for the
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preparation of the documents.
8. Each document produced pursuant to this notice shall be identified in such production
by the paragraph number with respect to which itis produced.
"documents"
9. As used herein, the term means the original and allcopies, including all
copies which are different in any way from the original (whether by interlineation, receipt stamp,
notation, indication of copy sent or received or otherwise), regardless of location, of all
handwritten, typed, printed, digital, photostated, photographed, recorded, transcribed, punched,
taped, filmed or graphic matter, including recorded and electronically stored matter of every kind
of description, however produced or reproduced, whether draft or final, original, copy or
reproduction, in plaintiff's custody, possession or control, or which plaintiff knows to have been
created, including, but not limited to, letters,correspondence, envelopes, faxes, fax transmission
reports, e-mail messages, instant messages, text messages, social media postings, blueprints,
papers, diaries, daily logs, time cards, time slips, photographs, telegrams, mailgrams, telexes,
telex files, cables, teletypes, books, opinions, journals, fact sheets, offering sheets, credit reports,
credit files, credit requests, investment reports, appraisals, investment analyses, legal opinions,
commitment letters, closing documents, estimates, calendars, appointment books, authorizations,
forecasts, ledgers, journals, reports and/or summaries of investigations, bills, statements,
negotiable instruments, checks (front and back, including all endorsements), check stubs,
computer printouts, memoranda, notes, notebooks, records, tapes, sketches, drawings, graphs,
memoranda or minutes of meetings (or of telephone conversations or of personal conversations),
messages, telephone messages, telephone logs, charts, maps, graphs, contracts, subcontracts,
agreements, retainers, purchase orders, transcripts, receipts, invoices, reports, studies, notices,
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accounts, account statements, or other material any way similar to any of the foregoing, however
denominated by plaintiff, including, but not limited to, any information contained in any
"Documents"
computer although not printed out. also includes any summaries, compilations or
"documents."
indices of
documents"
10. "All means each and every document, as above defined, known to
plaintiff and each and every such document which can be located or discovered by reasonably
diligent efforts.
"Communications"
11. means documents, oral conversations, conversation by telephone,
meetings and any other exchange of information in any form.
"Concerning" "concerned"
12. or means referring to, relating to,embodying, connected
with, commenting on, responding to, showing, describing, analyzing, reflecting or constituting.
"identify," "identity" "identities,"
13. The tenus and when used with regard to a person,
means provide the name, job title,business and residential addresses and telephone numbers for
such person; when used with regard to a document or other physical thing, means provide a
sufficient description of such document or other thing so that itmay be referred to with
particularity in any further demands to be made by defendant (to include at minimum, the date,
title, author and substance of any document and a physical description of any other physical
thing); and when used with regards to a communication, means identify the participants in, and
any witnesses to, the communication, and state how the communication was made, the date, time
and place of the communication, and, the substance of any communications that are not
preserved by contemporaneous documents or recordings.
"and"
14. All terms stated in the singular include the plural, and vice versa; the words and
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"or" "any" "all" all;"
shall be both conjunctive and disjunctive; the words and mean "any and the
"including" limitation;" "he"
word means "including without the word or any other masculine
pronoun includes any individual regardless of sex.
15. References to parties who are business entities include such parties, their owners,
members, directors, reañagers, employees, and other agents, as well as any parent, subsidiary or
affiliated entities and their owners, members, directors, managers, employees and agents.
"Complaint"
16. References to the are to plaintiff's Complaint in this action, dated
November 19, 2019.
Interrogatories
1. Identify all of plaintiff's members and rnanaging members.
2. Identify allbookkeepers employed by plaintiff,or who otherwise kept plaintiff's books
of account during the period from October 1, 2016 to the present time.
3. Identify all certified public accountants employed by plaintiff during the period from
October 1, 2016 to the present time.
4. Identify allpersons having knowledge or information concerning the facts and
circumstances constituting the default alleged in paragraphs 11 through 13 of the Complaint.
5. Identify allpersons having knowledge or information concerning payments made to
plaintiff by Roxx Alison Ltd., fi·om November 18, 2016 to the present.
6. Identify each and every payment made to plaintiff by Roxx Alison Ltd., from
November 18, 2016 by date and amount.
7. Identify each and every payment made to plaintiff by customers of Roxx Alison Ltd.,
by customer, date, amount, and the invoice(s) of Roxx Alison Ltd. with respect to which the
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payment was made by the customer or allocated by plaintiff.
8. Identify each and every piece of jewelry and each and every precious stone received by
plaintiff from customers of Roxx Alison Ltd. in lieu of payment of invoices issued by Roxx
Alison Ltd., and with respect to each item received, state the identify of the customer from which
itwas received, the date on which itwas received, the value assigned to it by plaintiff, and the
invoice(s) of Roxx Alison Ltd. with respect to which the value of the item was allocated by
plaintiff.
9. Identify each cost, expense and disbursement alleged in paragraph 19 of the Complaint,
by date, amount, type and payee.
10. Identify each cost, expense and disbursement alleged in paragraphs 20 and 21 of the
Complaint by date, amount, type and payee.
11. State whether plaintiff received or took possession of collateral belonging to Roxx
Alison Ltd., consisting of jewelry and loose diamonds (the "Collateral"), in the period from July
1, 2017 to the present time, and if so, then identify each piece of jewelry, and each loose stone,
which plaintiff received or took into itspossession, and state the date on which itwas received or
taken into plaintiff's possession and the value assigned to it by plaintiff.
12. If plaintiff has received or taken possession of all or part of the Collateral, then
identify the person(s) who removed the Collateral from the safe in the office of Roxx Alison Ltd.
13. If plaintiff has received or taken possession of all or part of the Collateral, then
Identify the person(s) who removed the Collateral from the office of Roxx Alison Ltd.
14. If plaintiff has received or taken possession of all or part of the Collateral, then
identify allother persons having knowledge or information concerning the removal of the
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Collateral from the safe and office of Roxx Alison Ltd., and itsdelivery into plaintiff s
possession.
15. If plaintiff has received or taken possession of all or part of the Collateral, then
identify allplaces where the Collateral has been stored since itcame into plaintiff s possession
through the present time.
16. If plaintiff has received or taken possession of all or part of the Collateral, then
identify allpersons having knowledge or information concerning the storage of the Collateral
from the time that itcame into plaintiff's possession through the present time.
17. If plaintiff has received or taken possession of all or part of the Collateral, then
identify all policies of insurance that have covered the loss of and/or damage to the Collateral
from the time that itcame into plaintiff's possession through the present time.
18. If plaintiff has received or taken possession of all or part of the Collateral, then state
whether the seals on the containers holding the loose diamonds in the Collateral have been
broken since they came into plaintiff's possession, and if so,then identify the person(s) who
broke them, the date on which they were broken, and the authority, if any, on which such
person(s) relied in breaking them.
19. If plaintiff has received or taken possession of all or part of the Collateral, then state
whether all or part of the Collateral has been transferred to, or delivered into the possession or
control of any third-parties, from the time that itcame into plaintiff's possession through the
present time, and if so,then identify each transfer or deliver by date, the third-party to whom the
transfer or delivery was made, and particular pieces of the Collateral that were transferred or
delivered.
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20. If plaintiff has received or taken possession of all or part of the Collateral, then
identify all payments received by plaintiff as a result of the transfer or delivery of all or part of
the Collateral into the possession or control of third parties by date, amount and payor.
21. If plaintiff has received or taken possession of all or part of the Collateral, then
identify each piece of jewelry and each diamond from the Collateral that remains in plaintiff's
possession, custody or control at the present time.
22. State whether plaintiff has taken possession, custody or control of any of the jewelry,
diamonds, models and molds belonging to Rox.x Alison Inc. that were in the possession of Shutle
Inc., Spectrum by Roxx Ltd. or Spectrum Jewelry Mfg., LLC, as of September 7, 2017, and if so,
identify each and every such item and the date on which itwas taken into plaintiff's possession,
custody or control.
23. Identify each and every piece of the jewelry, diamonds, models and molds belonging
to Roxx Alison Inc. that were in the possession of Shutle Inc., Spectrum by Roxx Ltd. or
Spectrum Jewelry Mfg., LLC, as of September 7, 2017 that have been transferred or delivered
into the possession of third-parties by, or at the direction of, plaintiff or Val Katayev, including
the date of the transfer or delivery and the identity of the third-party to whom the pieces was
transfe1Ted or delivered.
24. Identify all payments received by plaintiff as a result of the transfer or delivery of all
or part of the jewelry, diamonds, models and molds belonging to Roxx Alison Inc. that were in
the possession of Shutle Inc., Spectrum by Roxx Ltd. or Spectrum Jewelry Mfg., LLC, as
September 7, 2017, into the possession or control of third parties, including the date, amount and
payor of each payment.
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25. Identify all persons whom plaintiff may call as fact witnesses at the trial of this action.
Information Pertaining to Trial Exnerts
With respect to each person whom plaintiff expects to call as an expert witness at trial,
state: ( a )the subject matter of such person's expected testimony; ( b ) the substance of the facts
and opinions as to which such person is expected to testify, and a summary of the grounds for
such opinions; and ( c ) such person's qualifications as an expert.
Documents Requested
1. In accordance with CPLR § 3101(e), copies of any written statements or admissions
made by defendant concerning the subject matter of this action.
2. All invoices and account statements sent by plaintiff to Roxx Alison Ltd.
3. All documents comprising or concerning communications between plaintiff and Roxx.
Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning amounts claimed to be owed by
Roxx Alison Ltd. to plaintiff, including allcommunications concerning amounts advanced by
plaintiff to Roxx Alison Ltd., plaintiff's invoices and account statements, demands by plaintiff
for payment of the amounts claimed to be owed, and the status of Roxx Alison Ltd.'s account.
4. All documents conceming amounts advanced by plaintiff to Roxx Alison Ltd.,
including allcanceled checks, wire or electronic funds transfer confirmations, bank account
statements, cash receipts, and communications requesting or confinuing such advances.
5. All account ledgers and other bookkeeping records of plaintiff concerning amounts
claimed to be owed by Roxx Alison Ltd. to plaintiff, advances made by plaintiff to Roxx Alison
Ltd., payments made to plaintiff by Roxx Alison Ltd., payments made to plaintiff by customers
of Roxx Alison Ltd., and moneys received by plaintiff as proceeds of the sale of any of Roxx
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Alison Ltd.'s collateral, jewelry, diamonds, molds or models that were in the possession of
plaintiff or other companies owned or managed by Val Katayev or Egor Israelov, including
Spectrum Jewelry Mfg., LLC, Jocalio Group LLC, Shutle Inc. and Spectrum by Roxx Ltd.
6. All bank account statements reflecting plaintiff's receipt of payments made by Roxx
Alison Ltd., the customers of Roxx Alison Ltd., or proceeds of sales of any of Roxx Alison
Ltd.'s collateral, jewehy, diamonds, molds or models that were in the possession of plaintiff or
other companies owned or managed by Val Katayev or Egor Israelov, including Spectrum
Jewelry Mfg., LLC, Jocatio Group LLC, Shutle Inc. and Spectrum by Roxx Ltd.
7. All invoices issued by Roxx Alison Ltd. to its customers against which plaintiff
advanced ftmds to Roxx Alison Ltd.
8. All documents comprising or concerning communications between plaintiff and
customers of Roxx Alison Ltd., concerning the payment of invoices issued by Roxx Alison Ltd.
to those customers, including all such communications concerning demands that the invoices be
paid to plaintiff, and communications indicating that payments were made by the customers or
received by plaintiff.
9. All documents concerning plaintiff's receipt of jewelry or diamonds from any of Roxx
Alison Ltd 's customers, including Griffin Jewehy Designs, Inc., in lieu of payment of any of
Roxx Alison Ltd.'s invoices, including all documents coroprising or concerning communications
between plaintiff and Roxx Alison Ltd.'s customers, and all documents concerning plaintiff's
transfer, sale or other disposition of such jewelry or diamonds and their proceeds.
10. All documents comprising or concerning communications between plaintiff and Roxx
Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning invoices issued by Roxx Alison Ltd.
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to itscustomers, plaintiff's communications with those customers, and the status of payments
made by those customers.
11. All documents concerning any use of any portion of the amounts received by plaintiff
from customers of Roxx Alison Ltd., to offset amounts owed by Roxx Alison Ltd. to other
companies owned or managed by Val Katayev or Egor Israelov, including Spectrum Jewehy
Mfg., LLC, Jocatio Group LLC, Shutle Inc. and Spectrum by Roxx Ltd.
12. All documents comprising or concerning communications between Val Katayev and
Egor Israelov concerning Roxx Alison Ltd., Daniel Alibayov or Ronny Alibayof, including all
communications concerning amounts claimed to be due from Roxx Alison Ltd. to plaintiff,
amounts claimed to be due from Roxx Alison Ltd. to companies owned or managed by Egor
Israelov (including Shutle Inc. and Spectrum by Roxx Ltd.), the segregation ofjewelry and
diamonds by Roxx Alison Ltd. at its office as collateral, the removal of Roxx Alison Ltd.'s
collateral from its office, the sale of disposition of any of Roxx Alison Ltd.'s collateral, and the
application or transfer of any of the proceeds thereof.
13. All documents concerning plaintiff's receipt and retention of collateral of Roxx
Alison Ltd., consisting of itsjewelry and loose diamonds, including documents identifying all
vaults where plaintiff's collateral has been stored since itcame into plaintiff s possession, and all
insurance policies covering loss or damage to the collateral.
14. All documents concerning any sale or disposition of any of Roxx Alison Ltd.'s
collateral since itcame into plaintiff's possession, custody or control, including allbills of sale,
consignment memoranda, documentation of funds received and the disposition thereof,
communications between plaintiff and the purchasers, advertisements of the availability of the
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collateral for sale, written solicitations sent by plaintiff to potential buyers of the collateral, offers
received by plaintiff from potential purchasers of the collateral, and documents relating to the
sale of any portion of the collateral at public auction, including allpublished or private notices
issued by plaintiff concerning the auction.
15. All documents comprising or concerning communications between plaintiff and Roxx
Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning the transfer or sale of any of Roxx
Alison Ltd.'s collateral by plaintiff to third parties, including companies owned or managed by
Val Katayev or Egor Israelov, after itcame into plaintiff's possession, custody or control.
16. All documents comprising or concerning communications between plaintiff and Roxx
Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning the breaking of the seals on the
containers holding the loose diamonds that comprised part of Roxx Alison Ltd.'s collateral after
itcame into plaintiff's possession, custody or control.
17. All appraisals of Roxx Alison Ltd.'s collateral obtained by plaintiff after itcame into
plaintiff's possession, custody or control.
18. All documents concerning the disposition of any funds received by plaintiff as a result
of the sale of any of the jewehy, loose diamonds, models and molds belonging to Roxx Alison
Ltd. that were in the possession, custody or control of companies owned or managed by Egor
Israelov, including Shutle, Inc. and Spectrum by Roxx Ltd.
19. All documents concerning the costs, expenses and disbursements claimed by plaintiff
in paragraphs 19 through 21 of the Complaint.
20. The bills issued to plaintiff by its attorneys for the services and disbursements for
which plaintiff asserts a right of compensation fiom defendant in this action, and the retainer
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agreements between plaintiff and its attorneys relating to those services and disbursements.
21. All other documents that plaintiff may use to prove its claims in this action.
Dated: New York, New York
December 30, 2019
uart L. anders, És .
KAZLOW & KAZLOW
Attorneys for Defendants
35th 14th
237 West Street, PlOOr
New York, NY 10001
(212) 947-2900
To: Howard B. Kleinberg, Esq.
Daniel B. Rinaldi, Esq.
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.
Attorneys for Plaintiff
990 Stewart Avenue, Suite 300
P.O. Box 9194
Garden City, NY 11530-9194
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FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------x SPECTRUM BLUE, LLC, Plaintiff, Index No. 612557/2019 -against- DEFENDANT'S FIRST SET OF COMBINED DISCOVERY DANIEL ALIBAYOF, DEMANDS TO PLAINTIFF (AMENDED NOTICE) Defendant. --------------------------------------------------------------------x PLEASE TAKE NOTICE that, pursuant to CPLR Art. 31, defendant Daniel Alibayof, by his attorneys, Kazlow & Kazlow, hereby demands that plaintiff, Spectrum Blue LLC, provide defendant with the following discovery, according to the definitions and instructions set forth below: Definitions and Instructions 1. All documents and tangible things requested herein shall be produced for inspection 14th and copying, at the office of Kazlow & Kazlow, located at 237 West 35th Street, FlOOrb York, New York 10001, at 10:00 a.m. on Wednesday, January 27, 2020, to the extent that they are in the possession, custody or control of plaintiff, their attorneys, or their other agents. 2. Sworn responses to interrogatories shall be served in the maññer prescribed by CPLR § 3133, on or before January 27, 2020. 3. Responses to the other requests set forth below shall similarly be served on or before January 27, 2020. 4. Unless otherwise stated or implied by a particular request, these demands seek information and documents for the period from January 1, 2016 through the present. 5. As to any document requested, or about which information is requested, which is no 1 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 longer in plaintiff's possession, custody or control, or which no longer exists, plaintiff is requested to identify such document, itsauthor and addressee, each person to whom copies of the document were furnished, or to whom the contents thereof were communicated, a summary of the substance of the document and state whether itis missing or lost, has been destroyed, has been transferred to others, or has otherwise been disposed of. As to each such document, plaintiff is further requested to explain the circumstance of such disposition and the approximate date thereof. 6. Pursuant to CPLR § 3101(h), these demands are deemed to be of a continuing nature. If plaintiff acquires possession, custody or control, or become aware of any additional or different documents or information responsive to these demands after the service of plaintiff's responses thereto, plaintiff shall promptly furnish such additional documents or information to the undersigned attorneys. In addition, plaintiff is required to amend or supplement their responses promptly upon obtaining any information indicating that such responses are incorrect or incomplete. 7. If the attorney-client privilege, work-product doctrine or any other privilege or immunity is claimed as to any document or information called for by these demands, then plaintiff shall state: (a) the date of such document; (b) the name(s) and addresses of the person(s) who prepared it;( c ) the person(s) to whom itwas directed or circulated; (d) the name(s) and address(es) of the person(s) who have custody of such document; (e) the nature of the objection; (f)any and all facts and reasons that support each objection; (g) the reason or reasons for the preparation of the document; and (h) the identity of each person who has knowledge of of the any facts or reasons that plaintiff claims as support for such objection or any of the reasoils for the 2 2 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 preparation of the documents. 8. Each document produced pursuant to this notice shall be identified in such production by the paragraph number with respect to which itis produced. "documents" 9. As used herein, the term means the original and allcopies, including all copies which are different in any way from the original (whether by interlineation, receipt stamp, notation, indication of copy sent or received or otherwise), regardless of location, of all handwritten, typed, printed, digital, photostated, photographed, recorded, transcribed, punched, taped, filmed or graphic matter, including recorded and electronically stored matter of every kind of description, however produced or reproduced, whether draft or final, original, copy or reproduction, in plaintiff's custody, possession or control, or which plaintiff knows to have been created, including, but not limited to, letters,correspondence, envelopes, faxes, fax transmission reports, e-mail messages, instant messages, text messages, social media postings, blueprints, papers, diaries, daily logs, time cards, time slips, photographs, telegrams, mailgrams, telexes, telex files, cables, teletypes, books, opinions, journals, fact sheets, offering sheets, credit reports, credit files, credit requests, investment reports, appraisals, investment analyses, legal opinions, commitment letters, closing documents, estimates, calendars, appointment books, authorizations, forecasts, ledgers, journals, reports and/or summaries of investigations, bills, statements, negotiable instruments, checks (front and back, including all endorsements), check stubs, computer printouts, memoranda, notes, notebooks, records, tapes, sketches, drawings, graphs, memoranda or minutes of meetings (or of telephone conversations or of personal conversations), messages, telephone messages, telephone logs, charts, maps, graphs, contracts, subcontracts, agreements, retainers, purchase orders, transcripts, receipts, invoices, reports, studies, notices, 3 3 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 accounts, account statements, or other material any way similar to any of the foregoing, however denominated by plaintiff, including, but not limited to, any information contained in any "Documents" computer although not printed out. also includes any summaries, compilations or "documents." indices of documents" 10. "All means each and every document, as above defined, known to plaintiff and each and every such document which can be located or discovered by reasonably diligent efforts. "Communications" 11. means documents, oral conversations, conversation by telephone, meetings and any other exchange of information in any form. "Concerning" "concerned" 12. or means referring to, relating to,embodying, connected with, commenting on, responding to, showing, describing, analyzing, reflecting or constituting. "identify," "identity" "identities," 13. The tenus and when used with regard to a person, means provide the name, job title,business and residential addresses and telephone numbers for such person; when used with regard to a document or other physical thing, means provide a sufficient description of such document or other thing so that itmay be referred to with particularity in any further demands to be made by defendant (to include at minimum, the date, title, author and substance of any document and a physical description of any other physical thing); and when used with regards to a communication, means identify the participants in, and any witnesses to, the communication, and state how the communication was made, the date, time and place of the communication, and, the substance of any communications that are not preserved by contemporaneous documents or recordings. "and" 14. All terms stated in the singular include the plural, and vice versa; the words and 4 4 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 "or" "any" "all" all;" shall be both conjunctive and disjunctive; the words and mean "any and the "including" limitation;" "he" word means "including without the word or any other masculine pronoun includes any individual regardless of sex. 15. References to parties who are business entities include such parties, their owners, members, directors, reañagers, employees, and other agents, as well as any parent, subsidiary or affiliated entities and their owners, members, directors, managers, employees and agents. "Complaint" 16. References to the are to plaintiff's Complaint in this action, dated November 19, 2019. Interrogatories 1. Identify all of plaintiff's members and rnanaging members. 2. Identify allbookkeepers employed by plaintiff,or who otherwise kept plaintiff's books of account during the period from October 1, 2016 to the present time. 3. Identify all certified public accountants employed by plaintiff during the period from October 1, 2016 to the present time. 4. Identify allpersons having knowledge or information concerning the facts and circumstances constituting the default alleged in paragraphs 11 through 13 of the Complaint. 5. Identify allpersons having knowledge or information concerning payments made to plaintiff by Roxx Alison Ltd., fi·om November 18, 2016 to the present. 6. Identify each and every payment made to plaintiff by Roxx Alison Ltd., from November 18, 2016 by date and amount. 7. Identify each and every payment made to plaintiff by customers of Roxx Alison Ltd., by customer, date, amount, and the invoice(s) of Roxx Alison Ltd. with respect to which the 5 5 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 payment was made by the customer or allocated by plaintiff. 8. Identify each and every piece of jewelry and each and every precious stone received by plaintiff from customers of Roxx Alison Ltd. in lieu of payment of invoices issued by Roxx Alison Ltd., and with respect to each item received, state the identify of the customer from which itwas received, the date on which itwas received, the value assigned to it by plaintiff, and the invoice(s) of Roxx Alison Ltd. with respect to which the value of the item was allocated by plaintiff. 9. Identify each cost, expense and disbursement alleged in paragraph 19 of the Complaint, by date, amount, type and payee. 10. Identify each cost, expense and disbursement alleged in paragraphs 20 and 21 of the Complaint by date, amount, type and payee. 11. State whether plaintiff received or took possession of collateral belonging to Roxx Alison Ltd., consisting of jewelry and loose diamonds (the "Collateral"), in the period from July 1, 2017 to the present time, and if so, then identify each piece of jewelry, and each loose stone, which plaintiff received or took into itspossession, and state the date on which itwas received or taken into plaintiff's possession and the value assigned to it by plaintiff. 12. If plaintiff has received or taken possession of all or part of the Collateral, then identify the person(s) who removed the Collateral from the safe in the office of Roxx Alison Ltd. 13. If plaintiff has received or taken possession of all or part of the Collateral, then Identify the person(s) who removed the Collateral from the office of Roxx Alison Ltd. 14. If plaintiff has received or taken possession of all or part of the Collateral, then identify allother persons having knowledge or information concerning the removal of the 6 6 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 Collateral from the safe and office of Roxx Alison Ltd., and itsdelivery into plaintiff s possession. 15. If plaintiff has received or taken possession of all or part of the Collateral, then identify allplaces where the Collateral has been stored since itcame into plaintiff s possession through the present time. 16. If plaintiff has received or taken possession of all or part of the Collateral, then identify allpersons having knowledge or information concerning the storage of the Collateral from the time that itcame into plaintiff's possession through the present time. 17. If plaintiff has received or taken possession of all or part of the Collateral, then identify all policies of insurance that have covered the loss of and/or damage to the Collateral from the time that itcame into plaintiff's possession through the present time. 18. If plaintiff has received or taken possession of all or part of the Collateral, then state whether the seals on the containers holding the loose diamonds in the Collateral have been broken since they came into plaintiff's possession, and if so,then identify the person(s) who broke them, the date on which they were broken, and the authority, if any, on which such person(s) relied in breaking them. 19. If plaintiff has received or taken possession of all or part of the Collateral, then state whether all or part of the Collateral has been transferred to, or delivered into the possession or control of any third-parties, from the time that itcame into plaintiff's possession through the present time, and if so,then identify each transfer or deliver by date, the third-party to whom the transfer or delivery was made, and particular pieces of the Collateral that were transferred or delivered. 7 7 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 20. If plaintiff has received or taken possession of all or part of the Collateral, then identify all payments received by plaintiff as a result of the transfer or delivery of all or part of the Collateral into the possession or control of third parties by date, amount and payor. 21. If plaintiff has received or taken possession of all or part of the Collateral, then identify each piece of jewelry and each diamond from the Collateral that remains in plaintiff's possession, custody or control at the present time. 22. State whether plaintiff has taken possession, custody or control of any of the jewelry, diamonds, models and molds belonging to Rox.x Alison Inc. that were in the possession of Shutle Inc., Spectrum by Roxx Ltd. or Spectrum Jewelry Mfg., LLC, as of September 7, 2017, and if so, identify each and every such item and the date on which itwas taken into plaintiff's possession, custody or control. 23. Identify each and every piece of the jewelry, diamonds, models and molds belonging to Roxx Alison Inc. that were in the possession of Shutle Inc., Spectrum by Roxx Ltd. or Spectrum Jewelry Mfg., LLC, as of September 7, 2017 that have been transferred or delivered into the possession of third-parties by, or at the direction of, plaintiff or Val Katayev, including the date of the transfer or delivery and the identity of the third-party to whom the pieces was transfe1Ted or delivered. 24. Identify all payments received by plaintiff as a result of the transfer or delivery of all or part of the jewelry, diamonds, models and molds belonging to Roxx Alison Inc. that were in the possession of Shutle Inc., Spectrum by Roxx Ltd. or Spectrum Jewelry Mfg., LLC, as September 7, 2017, into the possession or control of third parties, including the date, amount and payor of each payment. 8 8 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 25. Identify all persons whom plaintiff may call as fact witnesses at the trial of this action. Information Pertaining to Trial Exnerts With respect to each person whom plaintiff expects to call as an expert witness at trial, state: ( a )the subject matter of such person's expected testimony; ( b ) the substance of the facts and opinions as to which such person is expected to testify, and a summary of the grounds for such opinions; and ( c ) such person's qualifications as an expert. Documents Requested 1. In accordance with CPLR § 3101(e), copies of any written statements or admissions made by defendant concerning the subject matter of this action. 2. All invoices and account statements sent by plaintiff to Roxx Alison Ltd. 3. All documents comprising or concerning communications between plaintiff and Roxx. Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning amounts claimed to be owed by Roxx Alison Ltd. to plaintiff, including allcommunications concerning amounts advanced by plaintiff to Roxx Alison Ltd., plaintiff's invoices and account statements, demands by plaintiff for payment of the amounts claimed to be owed, and the status of Roxx Alison Ltd.'s account. 4. All documents conceming amounts advanced by plaintiff to Roxx Alison Ltd., including allcanceled checks, wire or electronic funds transfer confirmations, bank account statements, cash receipts, and communications requesting or confinuing such advances. 5. All account ledgers and other bookkeeping records of plaintiff concerning amounts claimed to be owed by Roxx Alison Ltd. to plaintiff, advances made by plaintiff to Roxx Alison Ltd., payments made to plaintiff by Roxx Alison Ltd., payments made to plaintiff by customers of Roxx Alison Ltd., and moneys received by plaintiff as proceeds of the sale of any of Roxx 9 9 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 Alison Ltd.'s collateral, jewelry, diamonds, molds or models that were in the possession of plaintiff or other companies owned or managed by Val Katayev or Egor Israelov, including Spectrum Jewelry Mfg., LLC, Jocalio Group LLC, Shutle Inc. and Spectrum by Roxx Ltd. 6. All bank account statements reflecting plaintiff's receipt of payments made by Roxx Alison Ltd., the customers of Roxx Alison Ltd., or proceeds of sales of any of Roxx Alison Ltd.'s collateral, jewehy, diamonds, molds or models that were in the possession of plaintiff or other companies owned or managed by Val Katayev or Egor Israelov, including Spectrum Jewelry Mfg., LLC, Jocatio Group LLC, Shutle Inc. and Spectrum by Roxx Ltd. 7. All invoices issued by Roxx Alison Ltd. to its customers against which plaintiff advanced ftmds to Roxx Alison Ltd. 8. All documents comprising or concerning communications between plaintiff and customers of Roxx Alison Ltd., concerning the payment of invoices issued by Roxx Alison Ltd. to those customers, including all such communications concerning demands that the invoices be paid to plaintiff, and communications indicating that payments were made by the customers or received by plaintiff. 9. All documents concerning plaintiff's receipt of jewelry or diamonds from any of Roxx Alison Ltd 's customers, including Griffin Jewehy Designs, Inc., in lieu of payment of any of Roxx Alison Ltd.'s invoices, including all documents coroprising or concerning communications between plaintiff and Roxx Alison Ltd.'s customers, and all documents concerning plaintiff's transfer, sale or other disposition of such jewelry or diamonds and their proceeds. 10. All documents comprising or concerning communications between plaintiff and Roxx Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning invoices issued by Roxx Alison Ltd. 10 10 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 to itscustomers, plaintiff's communications with those customers, and the status of payments made by those customers. 11. All documents concerning any use of any portion of the amounts received by plaintiff from customers of Roxx Alison Ltd., to offset amounts owed by Roxx Alison Ltd. to other companies owned or managed by Val Katayev or Egor Israelov, including Spectrum Jewehy Mfg., LLC, Jocatio Group LLC, Shutle Inc. and Spectrum by Roxx Ltd. 12. All documents comprising or concerning communications between Val Katayev and Egor Israelov concerning Roxx Alison Ltd., Daniel Alibayov or Ronny Alibayof, including all communications concerning amounts claimed to be due from Roxx Alison Ltd. to plaintiff, amounts claimed to be due from Roxx Alison Ltd. to companies owned or managed by Egor Israelov (including Shutle Inc. and Spectrum by Roxx Ltd.), the segregation ofjewelry and diamonds by Roxx Alison Ltd. at its office as collateral, the removal of Roxx Alison Ltd.'s collateral from its office, the sale of disposition of any of Roxx Alison Ltd.'s collateral, and the application or transfer of any of the proceeds thereof. 13. All documents concerning plaintiff's receipt and retention of collateral of Roxx Alison Ltd., consisting of itsjewelry and loose diamonds, including documents identifying all vaults where plaintiff's collateral has been stored since itcame into plaintiff s possession, and all insurance policies covering loss or damage to the collateral. 14. All documents concerning any sale or disposition of any of Roxx Alison Ltd.'s collateral since itcame into plaintiff's possession, custody or control, including allbills of sale, consignment memoranda, documentation of funds received and the disposition thereof, communications between plaintiff and the purchasers, advertisements of the availability of the 11 11 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 collateral for sale, written solicitations sent by plaintiff to potential buyers of the collateral, offers received by plaintiff from potential purchasers of the collateral, and documents relating to the sale of any portion of the collateral at public auction, including allpublished or private notices issued by plaintiff concerning the auction. 15. All documents comprising or concerning communications between plaintiff and Roxx Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning the transfer or sale of any of Roxx Alison Ltd.'s collateral by plaintiff to third parties, including companies owned or managed by Val Katayev or Egor Israelov, after itcame into plaintiff's possession, custody or control. 16. All documents comprising or concerning communications between plaintiff and Roxx Alison Ltd., Daniel Alibayof or Ronny Alibayof concerning the breaking of the seals on the containers holding the loose diamonds that comprised part of Roxx Alison Ltd.'s collateral after itcame into plaintiff's possession, custody or control. 17. All appraisals of Roxx Alison Ltd.'s collateral obtained by plaintiff after itcame into plaintiff's possession, custody or control. 18. All documents concerning the disposition of any funds received by plaintiff as a result of the sale of any of the jewehy, loose diamonds, models and molds belonging to Roxx Alison Ltd. that were in the possession, custody or control of companies owned or managed by Egor Israelov, including Shutle, Inc. and Spectrum by Roxx Ltd. 19. All documents concerning the costs, expenses and disbursements claimed by plaintiff in paragraphs 19 through 21 of the Complaint. 20. The bills issued to plaintiff by its attorneys for the services and disbursements for which plaintiff asserts a right of compensation fiom defendant in this action, and the retainer 12 12 of 13 FILED: NASSAU COUNTY CLERK 12/30/2019 01:55 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/30/2019 agreements between plaintiff and its attorneys relating to those services and disbursements. 21. All other documents that plaintiff may use to prove its claims in this action. Dated: New York, New York December 30, 2019 uart L. anders, És . KAZLOW & KAZLOW Attorneys for Defendants 35th 14th 237 West Street, PlOOr New York, NY 10001 (212) 947-2900 To: Howard B. Kleinberg, Esq. Daniel B. Rinaldi, Esq. MEYER, SUOZZI, ENGLISH & KLEIN, P.C. Attorneys for Plaintiff 990 Stewart Avenue, Suite 300 P.O. Box 9194 Garden City, NY 11530-9194 13 13 of 13