Preview
Ury & Moskow, L.L.C.
883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686
DOCKET NO.: FBT-CV-15-5030913-S : SUPERIOR COURT
DAVID HILL : J.D. OF FAIRFIELD
Vv. : , AT BRIDGEPORT
108 BENNINGTON PLACE, LLC, ET AL. : SEPTEMBER 16, 2015
DEFENDANT’S MOTION FOR PROTECTIVE ORDER AND
OBJECTION TO DISCOVERY
According to the applicable Practice Book Section(s), the Defendants, 108 Bennington Place,
LLC, LTW Builders, Inc. and Lindsay Warren, hereby move that a protective order issue or otherwise
object to the documents requested in three Subpoenas Duces Tecum dated September 11, 2105 and
served by the Plaintiff upon the Defendant. Copies of these subpoenas are attached collectively as
Exhibit A. This matter comes before the Court based upon the Plaintiff's Application for a
Prejudgment Remedy pertaining to a property known as 108 Bennington Place, New Canaan,
Connecticut (the “Property”). The Rules of Practice make it abundantly clear that service of discovery
upon a party is not to be done prior to the passing of the Return Date. See, e.g., P.B.§13-9(a). Yet that
is precisely what the Plaintiff is attempting to do here.
Moreover, a prejudgment remedy hearing is not contemplated to be a full scale trial
on the merits, which necessarily will mean that the evidence presented at the hearing
will not be as well developed as it would be at trial, particularly when, as here, the
parties have not finished the discovery process. TES Franchising, LLC v. Feldman,
286 Conn. 132, 143, 943 A.2d 406 (2008).Ury & Moskow, L.L.C.
883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686
At this preliminary stage, before a signed complaint is served, the Plaintiffs requests should be
severely limited to those documents that are absolutely necessary for a hearing on said Prejudgment
Remedy.
The Defendant will produce redacted copies of the requested bank statements of LTW Builders,
Inc. showing all deposits received by the Defendants from the Plaintiff for the eight month period since
the Plaintiff has been involved with the Property, at or before the hearing occurs, but hereby objects to
the balance of the discovery requests as premature, unduly burdensome and otherwise intended to harass
and annoy the Defendants when there is no good faith basis for the requests. For example, the Plaintiff
is seeking over two years of statements and cancelled checks from the defendants but their involvement
with the Property at issue has only been for the past 8 months. ' These overly broad requests are not
likely to lead to admissible evidence nor are they well-tailored to request relevant and/or admissible
evidence at this early stage of the proceedings. The Plaintiff is on a fishing expedition and this should
not be allowed.
Therefore, for the foregoing reasons, the Defendant hereby moves that a Protective Order issue
to avoid the unnecessary and unjustified burden that responses would place upon these Defendants.
Practice Book section 13-5 provides that it is appropriate for the Court to curtail a party’s access
to the various discovery procedures provided a showing of good cause. “In any civil action where the
judicial authority finds it reasonably probable that evidence outside the record will be required, a party
' Further, producing cancelled checks in this modern age would require the Defendant to request and pay for said copies from
its bank to the extent these documents are not produced with its monthly statements.Ury & Moskow, L.L.C.
883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686
may obtain discovery of information or disclosure, production and inspection of papers, books, etc.
material to the subject matter involved in the pending action. Discovery shall be permitted if the
disclosure sought would be of assistance in the prosecution or defense of the action and if it can be
provided by the disclosing party or person with substantially greater facility than it could otherwise be
obtained by the party seeking disclosure.” (Emphasis added.) Practice Book section 13-2; Mulvey v.
Brennan, 2003 WL 21036810 (Conn. Super.) (Copy Attached) “The party seeking to bar discovery must
make a threshold showing that there is good cause that the protective order issue; the showing must
involve a particular and specific demonstration fact, as distinguished from stereotyped and conclusory
statements.” Id.
WHEREFORE, the Defendant respectfully requests that its Motion for Protective Order be
granted and its objections to said discovery be sustained by order of this Court.
THE DEFENDANT,
By: /s/_ 418113
Anthony J. La Bella
Ury & Moskow, L.L.C.UryY & Moskow, L.L.C.
883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686
ORDER
The foregoing motion having been heard by the court, it is hereby
SUSTAINED/OVERRULED
BY THE COURT,
CERTIFICATION
This is to certify that a copy of the foregoing has been electronically transmitted this 16" day of
September 2015 to the following:
Andrew J. Soltes, Jr., Esq.
The Law Offices of David W. Rubin
600 Summer Street - Suite 201
Stamford, CT 06901
ajsoltes@dwr-law.com
/s/ 418113
Anthony J. La Bella
Commissioner of Superior CourtEXHIBIT ASUBPOENA DUCES TECUM
TO: 108 BENNINGTON PLACE, LLC
LINSAY WARREN, MANAGING MEMBER
1191 SMITH RIDGE ROAD
NEW CANAAN, CT 06840
BY THE AUTHORITY OF THE STATE OF CONNECTICUT, YOU ARE HEREBY
COMMANDED to appear before the Connecticut Superior Court for the Judicial District of
Fairfield at Bridgeport located at 1061 Main Street, Bridgeport, Connecticut on the 17th day of
September, 2015 at 9:30 in the forernoon (9:30 a.m.), or to such day thereafter and within sixty
days hereof, then and there to testify what you know in a certain civil matter pending in the
Connecticut Superior Court, Judicial District of Fairfield at Bridgeport, between DAVID HILL,
as plaintiff/applicant, and 108 BENNINGTON PLACE, LLC; LTW BUILDERS, INC., and
LINDSAY WARREN, as defendants/respondents, bearing Civil Docket No. FBT-CV-15-
5030913-S.
FURTHER, you are ordered to produce at the aforementioned time and place the
documents listed on the attached Exhibit “A”.
Hereof fail not, under penalty of the law.
Dated at Stamford, Connecticut, this 10th day of September, 2015.
To any proper officer or indifferent person to serve and return.
Commissioner of the Superior CourtExhibit A
1, Copies of all bank statements for 108 Bennington Place, LLC from September 1,
2013 to the present date.
2. Copies of all canceled checks written on account of 108 Bennington Place, LLC
from September 1, 2013 through the present date.
3. Copies of all checks made payable to 108 Bennington Place, LLC from LTW
Builders, Inc, from September 1, 2013 through the present date.
4, Copies of all checks made payable to 108 Bennington Place, LLC from Lindsay
Warren (individually) from September 1, 2013 through the present date.
5. A copy of any contract between 108 Bennington Place, LLC and LTW Builders,
Inc. in connection with 108 Bennington Place, New Canaan, Connecticut.
6. Copies of all bank statements and/or documents (including canceled checks)
relating to the receipt and/or disposition of the funds received in connection with the
$1,200,000.00 Note with Knighthead SSRE REIT, Inc., as secured by that certain Open-
End Mortgage Deed and Security Agreement filed on the Town of New Canaan Land
Records,CERTIFICATION
The undersigned certifies that a copy of the foregoing Subpoena was sent via prepaid first
class mail this 11" day of September, 2015 to the following counsel of record, to wit:
Neal L. Moscow, Esq.
Ury & Moscow, LLC
883 Black Rock Turnpike
Fairfield, CT 06825
neal@urymoskow.com
MELE
Andrew J. Soltes, Jr. 7
The Law Offices of David W. Rubin
600 Summer Street — Suite 201
Stamford, CT 06901
Telephone: (203) 353-1404
Facsimile: (203) 357-7208
Juris No. 421191SUBPOENA DUCES TECUM
TO: LTW BUILDERS, INC.
LINDSAY WARREN, PRESIDENT
1191 SMITH RIDGE ROAD
NEW CANAAN, CT 06840
BY THE AUTHORITY OF THE STATE OF CONNECTICUT, YOU ARE HEREBY
COMMANDED to appear before the Connecticut Superior Court for the Judicial District of
Fairfield at Bridgeport located at 1061 Main Street, Bridgeport, Connecticut on the 17th day of
September, 2015 at 9:30 in the forernoon (9:30 a.m.), or to such day thereafter and within sixty
days hereof, then and there to testify what you know in a certain civil matter pending in the
Connecticut Superior Court, Judicial District of Fairfield at Bridgeport, between DAVID HILL,
as plaintiff/applicant, and 108 BENNINGTON PLACE, LLC; LTW BUILDERS, INC.; and
LINDSAY WARREN, as defendants/respondents, bearing Civil Docket No. FBT-CV-15-
5030913-S.
FURTHER, you are ordered to produce at the aforementioned time and place the
documents listed on the attached Exhibit “A”.
Hereof fail not, under penalty of the law.
Dated at Stamford, Connecticut, this 11th day of September, 2015.
To any proper officer or indifferent person to serve and return.
/ eof
‘Onathissioner of the Superior CourtExhibit A
1. Copies of all bank statements for LTW Builders, Inc. (“LTW”) reflecting
transactions (i.e. deposits, withdrawals, debits, checks) relating to 108 Bennington
Place, New Canaan, Connecticut (the “Property”) from January 1, 2013 to the present
date.
2. Copies of all canceled checks written on account of LTW in connection with the
Property from January 1, 2013 through the present date.
3. (To the extent not produced in connection with #2 above) Copies of all canceled
checks written on account of LTW made payable to 108 Bennington Place, LLC from
September 1, 2013 through the present date.
4, (To the extent not produced in connection with #2 above) Copies of all canceled
checks written on account of LTW made payable to Lindsay Warren (individually) from
September 1, 2013 through the present date.
5. Copies of all checks made payable to LTW from 108 Bennington Place, LLC
from September 1, 2013 through the present date.
6. Copies of all checks made payable to LTW from Lindsay Warren (individually)
relating to the Property from September 1, 2013 through the present date.
7. A copy of any contract between 108 Bennington Place, LLC and LTW relating
to the Property.CERTIFICATION
The undersigned certifies that a copy of the foregoing Subpoena was sent via prepaid first
class mail this 11" day of September, 2015 to the following counsel of record, to wit:
Neal L. Moscow, Esq.
Ury & Moscow, LLC
883 Black Rock Turnpike
Fairfield, CT 06825
neal@urymoskow.com
AndréWJ. Soltes, Jr. 7
The Law Offices of David W. Rubin
600 Summer Street — Suite 201
Stamford, CT 06901
Telephone: (203) 353-1404
Facsimile: (203) 357-7208
Juris No. 421191SUBPOENA DUCES TECUM
TO: LINDSAY WARREN
1191 SMITH RIDGE ROAD
NEW CANAAN, CT 06840
BY THE AUTHORITY OF THE STATE OF CONNECTICUT, YOU ARE HEREBY
COMMANDED to appear before the Connecticut Superior Court for the Judicial District of
Fairfield at Bridgeport located at 1061 Main Street, Bridgeport, Connecticut on the 17th day of
September, 2015 at 9:30 in the forernoon (9:30 a.m.), or to such day thereafter and within sixty
days hereof, then and there to testify what you know in a certain civil matter pending in the
Connecticut Superior Court, Judicial District of Fairfield at Bridgeport, between DAVID HILL,
as plaintiff, and 108 BENNINGTON PLACE, LLC; LTW BUILDERS, INC.; and LINDSAY
WARREN, as defendants, bearing Civil Docket No. FBT-CV-15-5030913-S.
FURTHER, you are ordered to produce at the aforementioned time and place the
documents listed on the attached Exhibit “A”.
Hereof fail not, under penalty of the law.
Dated at Stamford, Connecticut, this 10th day of September, 2015,
Commissioner of the Superior CourtExhibit A
1, Copies of all personal bank statements reflecting transactions (i.e, deposits,
withdrawals, debits, checks) relating to:
(i) 108 Bennington Place, New Canaan, Connecticut (the “Property”);
(ii) 108 Bennington Place, LLC; and/or
(iii) LTW Builders, Inc. relating to the Property
from September 1, 2013 through the present date.
2. Copies of all canceled checks written on account of Lindsay Warren made
payable to:
(i) 108 Bennington Place, LLC; and/or
Gi) LTW Builders, Inc. relating to the Property
from September 1, 2013 through the current date.
3. Copies of all checks received by Lindsay Warren from:
(i) 108 Bennington Place, LLC; and
Gi) | LTW Builders, Inc. relating to the Property.
from September 1, 2013 through the current date.CERTIFICATION
The undersigned certifies that a copy of the foregoing Subpoena was sent via prepaid first
class mail this 11" day of September, 2015 to the following counsel of record, to wit:
Neal L. Moscow, Esq.
Ury & Moscow, LLC
883 Black Rock Turnpike
Fairfield, CT 06825
neal@urymoskow.com
Andrew J. Soltes, Jr.
The Law Offices of David W. Rubin
600 Summer Street — Suite 201
Stamford, CT 06901
Telephone: (203) 353-1404
Facsimile: (203) 357-7208
Juris No. 421191
Preview
Ury & Moskow, L.L.C. 883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686 DOCKET NO.: FBT-CV-15-5030913-S : SUPERIOR COURT DAVID HILL : J.D. OF FAIRFIELD Vv. : , AT BRIDGEPORT 108 BENNINGTON PLACE, LLC, ET AL. : SEPTEMBER 16, 2015 DEFENDANT’S MOTION FOR PROTECTIVE ORDER AND OBJECTION TO DISCOVERY According to the applicable Practice Book Section(s), the Defendants, 108 Bennington Place, LLC, LTW Builders, Inc. and Lindsay Warren, hereby move that a protective order issue or otherwise object to the documents requested in three Subpoenas Duces Tecum dated September 11, 2105 and served by the Plaintiff upon the Defendant. Copies of these subpoenas are attached collectively as Exhibit A. This matter comes before the Court based upon the Plaintiff's Application for a Prejudgment Remedy pertaining to a property known as 108 Bennington Place, New Canaan, Connecticut (the “Property”). The Rules of Practice make it abundantly clear that service of discovery upon a party is not to be done prior to the passing of the Return Date. See, e.g., P.B.§13-9(a). Yet that is precisely what the Plaintiff is attempting to do here. Moreover, a prejudgment remedy hearing is not contemplated to be a full scale trial on the merits, which necessarily will mean that the evidence presented at the hearing will not be as well developed as it would be at trial, particularly when, as here, the parties have not finished the discovery process. TES Franchising, LLC v. Feldman, 286 Conn. 132, 143, 943 A.2d 406 (2008).Ury & Moskow, L.L.C. 883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686 At this preliminary stage, before a signed complaint is served, the Plaintiffs requests should be severely limited to those documents that are absolutely necessary for a hearing on said Prejudgment Remedy. The Defendant will produce redacted copies of the requested bank statements of LTW Builders, Inc. showing all deposits received by the Defendants from the Plaintiff for the eight month period since the Plaintiff has been involved with the Property, at or before the hearing occurs, but hereby objects to the balance of the discovery requests as premature, unduly burdensome and otherwise intended to harass and annoy the Defendants when there is no good faith basis for the requests. For example, the Plaintiff is seeking over two years of statements and cancelled checks from the defendants but their involvement with the Property at issue has only been for the past 8 months. ' These overly broad requests are not likely to lead to admissible evidence nor are they well-tailored to request relevant and/or admissible evidence at this early stage of the proceedings. The Plaintiff is on a fishing expedition and this should not be allowed. Therefore, for the foregoing reasons, the Defendant hereby moves that a Protective Order issue to avoid the unnecessary and unjustified burden that responses would place upon these Defendants. Practice Book section 13-5 provides that it is appropriate for the Court to curtail a party’s access to the various discovery procedures provided a showing of good cause. “In any civil action where the judicial authority finds it reasonably probable that evidence outside the record will be required, a party ' Further, producing cancelled checks in this modern age would require the Defendant to request and pay for said copies from its bank to the extent these documents are not produced with its monthly statements.Ury & Moskow, L.L.C. 883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686 may obtain discovery of information or disclosure, production and inspection of papers, books, etc. material to the subject matter involved in the pending action. Discovery shall be permitted if the disclosure sought would be of assistance in the prosecution or defense of the action and if it can be provided by the disclosing party or person with substantially greater facility than it could otherwise be obtained by the party seeking disclosure.” (Emphasis added.) Practice Book section 13-2; Mulvey v. Brennan, 2003 WL 21036810 (Conn. Super.) (Copy Attached) “The party seeking to bar discovery must make a threshold showing that there is good cause that the protective order issue; the showing must involve a particular and specific demonstration fact, as distinguished from stereotyped and conclusory statements.” Id. WHEREFORE, the Defendant respectfully requests that its Motion for Protective Order be granted and its objections to said discovery be sustained by order of this Court. THE DEFENDANT, By: /s/_ 418113 Anthony J. La Bella Ury & Moskow, L.L.C.UryY & Moskow, L.L.C. 883 Black Rock Turnpike, Fairfield, CT 06825 ~ Tel: (203) 610-6393 ~ Fax: (203) 610-6399 ~ Juris No. 410686 ORDER The foregoing motion having been heard by the court, it is hereby SUSTAINED/OVERRULED BY THE COURT, CERTIFICATION This is to certify that a copy of the foregoing has been electronically transmitted this 16" day of September 2015 to the following: Andrew J. Soltes, Jr., Esq. The Law Offices of David W. Rubin 600 Summer Street - Suite 201 Stamford, CT 06901 ajsoltes@dwr-law.com /s/ 418113 Anthony J. La Bella Commissioner of Superior CourtEXHIBIT ASUBPOENA DUCES TECUM TO: 108 BENNINGTON PLACE, LLC LINSAY WARREN, MANAGING MEMBER 1191 SMITH RIDGE ROAD NEW CANAAN, CT 06840 BY THE AUTHORITY OF THE STATE OF CONNECTICUT, YOU ARE HEREBY COMMANDED to appear before the Connecticut Superior Court for the Judicial District of Fairfield at Bridgeport located at 1061 Main Street, Bridgeport, Connecticut on the 17th day of September, 2015 at 9:30 in the forernoon (9:30 a.m.), or to such day thereafter and within sixty days hereof, then and there to testify what you know in a certain civil matter pending in the Connecticut Superior Court, Judicial District of Fairfield at Bridgeport, between DAVID HILL, as plaintiff/applicant, and 108 BENNINGTON PLACE, LLC; LTW BUILDERS, INC., and LINDSAY WARREN, as defendants/respondents, bearing Civil Docket No. FBT-CV-15- 5030913-S. FURTHER, you are ordered to produce at the aforementioned time and place the documents listed on the attached Exhibit “A”. Hereof fail not, under penalty of the law. Dated at Stamford, Connecticut, this 10th day of September, 2015. To any proper officer or indifferent person to serve and return. Commissioner of the Superior CourtExhibit A 1, Copies of all bank statements for 108 Bennington Place, LLC from September 1, 2013 to the present date. 2. Copies of all canceled checks written on account of 108 Bennington Place, LLC from September 1, 2013 through the present date. 3. Copies of all checks made payable to 108 Bennington Place, LLC from LTW Builders, Inc, from September 1, 2013 through the present date. 4, Copies of all checks made payable to 108 Bennington Place, LLC from Lindsay Warren (individually) from September 1, 2013 through the present date. 5. A copy of any contract between 108 Bennington Place, LLC and LTW Builders, Inc. in connection with 108 Bennington Place, New Canaan, Connecticut. 6. Copies of all bank statements and/or documents (including canceled checks) relating to the receipt and/or disposition of the funds received in connection with the $1,200,000.00 Note with Knighthead SSRE REIT, Inc., as secured by that certain Open- End Mortgage Deed and Security Agreement filed on the Town of New Canaan Land Records,CERTIFICATION The undersigned certifies that a copy of the foregoing Subpoena was sent via prepaid first class mail this 11" day of September, 2015 to the following counsel of record, to wit: Neal L. Moscow, Esq. Ury & Moscow, LLC 883 Black Rock Turnpike Fairfield, CT 06825 neal@urymoskow.com MELE Andrew J. Soltes, Jr. 7 The Law Offices of David W. Rubin 600 Summer Street — Suite 201 Stamford, CT 06901 Telephone: (203) 353-1404 Facsimile: (203) 357-7208 Juris No. 421191SUBPOENA DUCES TECUM TO: LTW BUILDERS, INC. LINDSAY WARREN, PRESIDENT 1191 SMITH RIDGE ROAD NEW CANAAN, CT 06840 BY THE AUTHORITY OF THE STATE OF CONNECTICUT, YOU ARE HEREBY COMMANDED to appear before the Connecticut Superior Court for the Judicial District of Fairfield at Bridgeport located at 1061 Main Street, Bridgeport, Connecticut on the 17th day of September, 2015 at 9:30 in the forernoon (9:30 a.m.), or to such day thereafter and within sixty days hereof, then and there to testify what you know in a certain civil matter pending in the Connecticut Superior Court, Judicial District of Fairfield at Bridgeport, between DAVID HILL, as plaintiff/applicant, and 108 BENNINGTON PLACE, LLC; LTW BUILDERS, INC.; and LINDSAY WARREN, as defendants/respondents, bearing Civil Docket No. FBT-CV-15- 5030913-S. FURTHER, you are ordered to produce at the aforementioned time and place the documents listed on the attached Exhibit “A”. Hereof fail not, under penalty of the law. Dated at Stamford, Connecticut, this 11th day of September, 2015. To any proper officer or indifferent person to serve and return. / eof ‘Onathissioner of the Superior CourtExhibit A 1. Copies of all bank statements for LTW Builders, Inc. (“LTW”) reflecting transactions (i.e. deposits, withdrawals, debits, checks) relating to 108 Bennington Place, New Canaan, Connecticut (the “Property”) from January 1, 2013 to the present date. 2. Copies of all canceled checks written on account of LTW in connection with the Property from January 1, 2013 through the present date. 3. (To the extent not produced in connection with #2 above) Copies of all canceled checks written on account of LTW made payable to 108 Bennington Place, LLC from September 1, 2013 through the present date. 4, (To the extent not produced in connection with #2 above) Copies of all canceled checks written on account of LTW made payable to Lindsay Warren (individually) from September 1, 2013 through the present date. 5. Copies of all checks made payable to LTW from 108 Bennington Place, LLC from September 1, 2013 through the present date. 6. Copies of all checks made payable to LTW from Lindsay Warren (individually) relating to the Property from September 1, 2013 through the present date. 7. A copy of any contract between 108 Bennington Place, LLC and LTW relating to the Property.CERTIFICATION The undersigned certifies that a copy of the foregoing Subpoena was sent via prepaid first class mail this 11" day of September, 2015 to the following counsel of record, to wit: Neal L. Moscow, Esq. Ury & Moscow, LLC 883 Black Rock Turnpike Fairfield, CT 06825 neal@urymoskow.com AndréWJ. Soltes, Jr. 7 The Law Offices of David W. Rubin 600 Summer Street — Suite 201 Stamford, CT 06901 Telephone: (203) 353-1404 Facsimile: (203) 357-7208 Juris No. 421191SUBPOENA DUCES TECUM TO: LINDSAY WARREN 1191 SMITH RIDGE ROAD NEW CANAAN, CT 06840 BY THE AUTHORITY OF THE STATE OF CONNECTICUT, YOU ARE HEREBY COMMANDED to appear before the Connecticut Superior Court for the Judicial District of Fairfield at Bridgeport located at 1061 Main Street, Bridgeport, Connecticut on the 17th day of September, 2015 at 9:30 in the forernoon (9:30 a.m.), or to such day thereafter and within sixty days hereof, then and there to testify what you know in a certain civil matter pending in the Connecticut Superior Court, Judicial District of Fairfield at Bridgeport, between DAVID HILL, as plaintiff, and 108 BENNINGTON PLACE, LLC; LTW BUILDERS, INC.; and LINDSAY WARREN, as defendants, bearing Civil Docket No. FBT-CV-15-5030913-S. FURTHER, you are ordered to produce at the aforementioned time and place the documents listed on the attached Exhibit “A”. Hereof fail not, under penalty of the law. Dated at Stamford, Connecticut, this 10th day of September, 2015, Commissioner of the Superior CourtExhibit A 1, Copies of all personal bank statements reflecting transactions (i.e, deposits, withdrawals, debits, checks) relating to: (i) 108 Bennington Place, New Canaan, Connecticut (the “Property”); (ii) 108 Bennington Place, LLC; and/or (iii) LTW Builders, Inc. relating to the Property from September 1, 2013 through the present date. 2. Copies of all canceled checks written on account of Lindsay Warren made payable to: (i) 108 Bennington Place, LLC; and/or Gi) LTW Builders, Inc. relating to the Property from September 1, 2013 through the current date. 3. Copies of all checks received by Lindsay Warren from: (i) 108 Bennington Place, LLC; and Gi) | LTW Builders, Inc. relating to the Property. from September 1, 2013 through the current date.CERTIFICATION The undersigned certifies that a copy of the foregoing Subpoena was sent via prepaid first class mail this 11" day of September, 2015 to the following counsel of record, to wit: Neal L. Moscow, Esq. Ury & Moscow, LLC 883 Black Rock Turnpike Fairfield, CT 06825 neal@urymoskow.com Andrew J. Soltes, Jr. The Law Offices of David W. Rubin 600 Summer Street — Suite 201 Stamford, CT 06901 Telephone: (203) 353-1404 Facsimile: (203) 357-7208 Juris No. 421191