document46

Sheehan & Associates, P.C. Attorneys at Law

10 Middle Neck Road, Ste. 200, Great Neck, NY 11021 Tel: (347) 635-4160/Fax: (516) 234-7800

[email protected] March 11, 2015

Via ECF and First-Class Mail Honorable Arlene R. Lindsay United States District Court Judge Eastern District of New York 100 Federal Plaza Central Islip, NY 11722

Re: BSI Mortgage IV, LLC v. Kaushik et al. Docket No. 14-cv-01640 (LDW)(ARL)

Dear Judge Lindsay: This firm is counsel to defendant Vekrum Kaushik in the above-entitled action. This response is in opposition to the letter-motion filed by counsel for movant Elon Lebouvich a/k/a Allen Lebo (Lebo or movant) seeking to quash the properly noticed subpoena duces tecum (subpoena) upon Lebo. Dckt. No. 38. Counsel for Lebo has made demands that this Court quash the subpoena served by defendant on Sprint Corporate Security for the cellular telephone number of (516) 216-3398, a number used or controlled by Lebo. Mr. Weinreb has either not properly conferred or merely desires to increase the workload of this Court. Had Mr. Weinreb spoken with Lebo, he would have been informed that this [Lebos] number was serviced by T-Mobile during the requested time period. Exhibit A, Letter from Sprint Corporate Security to Sheehan & Associates, P.C., March 2, 2015. Nevertheless, I understand the need to vigorously represent the interest of your client, even when those interests are non-existent, such as Lebos cellular phone records maintained by Sprint Corporate Security. Mr. Weinreb interestingly cites to ADL, LLC v. Tirakian, No. CV2006-5076(SJF)(MDG, 2007 WL 1834517, at *2 (E.D.N.Y. June 26, 2007) for the proposition that a party has standing to challenge a non-party subpoena where the party has a sufficient privacy interest in the confidentiality of the records sought . . . I find that the Auditors have a sufficient privacy interest in the confidentiality of the documents discussed above to have standing to challenge the subpoenas.

At bar, Lebo is not a party to this action. Nor, according to plaintiff, is Lebo a member of

1

Case 2:14-cv-01640-LDW-ARL Document 46 Filed 03/11/15 Page 1 of 3 PageID #: 859

plaintiff. In defendants interrogatories to plaintiff (first set), served on plaintiff on October 8, 2014, Interrogatory No. 20 states: Set forth the relationship between BSI Mortgage IV LLC and Elon Lebouvich a/k/a Elon Lebovitch a/k/a Allen Lebo. Exhibit B, Defendants Interrogatories to Plaintiff (First Set). Plaintiff answered that Elon Lebovich is a broker trying to assist BSI. Exhibit C, Plaintiffs Response to Defendants First Set of Interrogatories, December 1, 2014.

In ADL, LLC v. Tirakian, the Court decided that given the relevance of employment and

personnel files to the underlying claims of plaintiff based on negligent misrepresentation and fraud, the Auditors (defendants). In the present situation, phone records for the time indicated are relevant to defendants claims that plaintiff is not disclosing those persons (members) who possess a beneficial interest in the outcome of this litigation.

The Supreme Court stated that an interest in an LLC is the sort of instrument that requires

case-by-case analysis; into the economic realities of the underlying transaction. Reves v. Ernst & Young, 494 U.S. 56, 62, 110 S.Ct. 945, 108 L.Ed.2d 47 (1990) (In discharging our duty, we are not bound by legal formalisms, but instead take account of the economics of the transaction under investigation.).

Assuming arguendo that Sprint maintained records of Lebos cellular telephone records, the actual production requests were highly limited in scope. First, only one (1) telephone number associated with Lebo was listed in the subpoena. Second, only one (1) date of phone records for the number associated with Lebo was listed in the subpoena. Finally, the subpoena only requested call records for Lebos number between 1:00 PM and 7:30 PM, Eastern Standard Time (EST). Dckt. No. 38-1, Attachment II, Production Requests 1-5.

As is likely evident from the arguments and facts placed before this Court in defendants opposition to the motion to quash a subpoena and subpoena duces tecum served upon Yonel Devico, this case comes down to who is/was in control of plaintiff. On June 9, 2014, your undersigned and defendant Kaushik held a meeting with Lebo and Mr. Weinreb in New York, NY. The goal of this meeting was to reach a settlement between plaintiff and defendant. This meeting took place in the afternoon, from approximately 3:30 PM to 5:30 PM. The records sought in this subpoena from Mr. Lebo, the broker directly assisting plaintiff, would indicate just who in fact he called when transmitting settlement offers conveyed in good faith by defendant Kaushik. Did Mr. Lebo call the Managing Member in Florida? Did Mr. Lebo call Marbella, Spain, Monaco or the Kingdom of Morocco, places where Simy Devico, the second named member of plaintiff resides? These records, while they would not, in themselves, be dispositive, they would identify the person who was instructing, paying or otherwise maneuvering him from behind the scenes against defendant.

2


A partys right to obtain material pursuant to a Rule 45 subpoena to a third party is as broad as otherwise permitted under the discovery rules. See e.g. Charles Wright & Alan Miller, Federal Practice and Procedure 2452 (3d. ed. 2008). Relevance within the meaning of Rule 26(b)(1) is considerably broader than relevance for trial purposes. See Oppenheimer Fund v. Sanders, 437 U.S. 340, 351 (1978) (citation omitted). Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. Rule 26(b)(1); see also Oppenheimer Fund, 437 U.S. at 351. Lebos counsel has no argument as to the subpoena request being overbroad, as the duration of the request was for six and one-half (6.5) hours. Considering a central element of this case is to determine the real parties in interest to this action, the limited and direct subpoena is neither burdensome or encumbers any privacy interest Lebo may have in keeping the Court from learning who in fact he was transmitting defendants offers to at that specific time on that one specific date. Finally, Mr. Weinreb cites to Corbett v. eHome Credit Corp. for the proposition that when assessing whether or not discovery is overbroad or unduly burdensome, the Court should look at the burden placed on non-parties. No. 10-CV-26 (JG)(RLM), 2010 WL 3023870, at *2-3 (E.D.N.Y. Aug. 2, 2010). Continuing, as cited by Lebos counsel, Corbett states that a subpoena that pursues material with little apparent or likely relevance to the subject matter . . . is likely to be quashed as unreasonable even where the burden of compliance would not be onerous. Therefore, even if the within subpoena is not burdensome, Mr. Weinreb states it should be quashed because it pursues material with little apparent or likely relevance to the subject matter.

For the factual considerations provided and the relevancy of the information requested to enable defendant to adequately litigate this action, it is respectfully requested that the within motion on behalf of Lebo seeking to quash the subpoena duces tecum of his non-existent Sprint phone records be denied.

Respectfully submitted, /s/ Spencer Sheehan Spencer Sheehan

Attachments/Exhibits (3) cc: Counsel of Record (first-class mail and CM-ECF)

3


EXHIBIT A

Case 2:14-cv-01640-LDW-ARL Document 46-1 Filed 03/11/15 Page 1 of 2 PageID #: 862

EXHIBIT B


UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK-------------------------------------------------------------------X 14 CV 01640 (LDW) (ARL)BSI MORTGAGE IV LLC,

PlaintiffDEFENDANT VEKRUM

-against- KAUSHIKS INTERROGATORIES TO

VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK PLAINTIFF (FIRST SET)MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CITIBANK, N.A., CITIBANK, N.A. AND JOHN DOE1 through 12, said persons or parties having or claimed to have a right, title or interest in the Mortgaged premises herein, their respective names are presently unknown to the Plaintiff,

Defendants.-------------------------------------------------------------------X

PROPOUNDING PARTY: Defendant Vekrum Kaushik

RESPONDING PARTY: Plaintiff BSI Mortgage IV LLC

DEFENDANT VEKRUM KAUSHIKS

FIRST SET OF INTERROGATORIES TO PLAINTIFF

Defendant Vekrum Kaushik s/h/a Vekram Kaushik (Vekrum Kaushik or defendant

Vekrum Kaushik) by their attorneys, Sheehan & Associates, P.C., hereby requests, pursuant to

Rules 26 and 33 of the Federal Rules of Civil Procedure, Rule 33.3 of the Local Civil Rules of

the United States District Court for the Eastern District of New York and the Scheduling Order

of the Hon. Magistrate Judge Lindsay of August 5, 2014, that Plaintiff BSI Mortgage IV LLC

(BSI or plaintiff), must serve an answer to each interrogatory, separately and fully, in

writing and under oath, within thirty (30) days of the date of service hereof, upon Sheehan &

Associates, P.C., 10 Middle Neck Road, Suite 200, Great Neck, NY 11021.

DEFINITIONS

1. The terms BSI, you, your, or Plaintiff means Plaintiff BSI Mortgage


IV LLC, its past and present members, past and present officers, past and present directors,

past and present employees, past and present partners, past and present corporate parent, past

and present subsidiaries or past and present affiliates and any and all past and present persons

acting for, on behalf of or in concert with BSI Mortgage IV LLC.

2. The term plaintiff or defendant, as well as a partys full or abbreviated

name or a pronoun referring to a party, means the party and, where applicable, (his/her/its)

members, agents, representatives, officers, directors, employees, partners, corporate parent,

subsidiaries, or affiliates.

3. The word person(s) includes not only natural persons, but also firms,

limited liability companies, professional limited liability companies, partnerships,

associations, corporations, subsidiaries, divisions, departments, joint ventures,

proprietorships, syndicates, trusts, groups, and organizations.

4. As used herein, any reference to any person includes the present and former

officers, members, executives, partners, directors, trustees, employees, attorneys, agents,

representatives, and all other persons acting or purporting to act on behalf of the person and

also its subsidiaries, affiliates, divisions, and predecessors and successors in interest.

5. The singular of each word shall be construed to include its plural and vice

versa, and the root word and all derivations (i.e., ing, ed, etc.) shall be construed to

include each other.

6. The following rules of construction apply to these discovery requests:

i. All/Each. The terms "all" and "each" shall be construed as all and each.

ii. Any. The word any shall be construed in either its most or its least inclusive sense as necessary to bring within the scope of the


discovery request all reasons that might otherwise be construed to be outside of its scope.

iii. And/Or. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope.

iv. Number. The use of the singular form of any word includes the plural and vice versa.

v. Gender. The masculine shall be construed to include the feminine and vice versa.

vi. Tense. The present tense shall be construed to include the past tense and vice versa.

7. The words knowledge, information, possession, custody, and

control of a person shall be construed to include such persons agents, representatives, and

attorneys.

8. The word including shall have its ordinary meaning and shall mean

including but not limited to and shall not indicate limitation to the examples or items

mentioned.

9. The phrase reflect, refer, or relate to means reflecting, referring to,

relating to, regarding, describing, evidencing, discussing, concerning, mentioning, pertaining

to, alluding to, or associated with or constituting, directly or indirectly.

10. The words to present mean to the date on which you respond to these

interrogatories and requests.

11. The word document(s) includes all writings, recordings, and

photographs, as those terms are defined in Rule 1001 of the Federal Rules of Evidence,

and should be construed in the broadest sense permissible. Accordingly, document(s)

includes, but is not limited to, all written, printed, recorded or graphic matter, photographic

matter, sound reproductions, or other retrievable data (whether recorded, taped, or coded


electrostatically, electromagnetically, optically or otherwise on hard drive, diskette, compact

disk, primary or backup tape, audio tape or video tape) from whatever source derived and

however and by whomever prepared, produced, reproduced, disseminated or made. Without

limiting the generality of the foregoing, document(s) includes the original and any non-

identical copy and also every draft and proposed draft of all correspondence, internal

memoranda, notes of meetings, telegrams, telexes, facsimiles, electronic mail, reports,

transcripts or notes of telephone conversations, diaries, notebooks, minutes, notes, tests,

reports, analyses, studies, testimony, speeches, worksheets, maps, charts, diagrams,

computer printouts, and any other writings or documentary materials of any nature

whatsoever, whether or not divulged to other parties, together with any attachments thereto

and enclosures therewith. In addition, the word Document(s) encompasses all forms and

manifestations of electronically or optically coded, stored, and/or retrievable information,

including but not limited to email, voice mail, digital images and graphics, digital or

analog audiotapes and files, and digital or analog videotapes and files.

12. The term "identify", with respect to a person, means to give, to the extent

known, the:i. The persons present full name, including:

a. Middle name;b. Married name (family name or surname) adopted by a

person upon marriage;c. Birth, or maiden name;d. Name by which the person is commonly known to the

general public;e. Name by which the person is commonly known to the

social media (define);f. All relevant spellings in English and any other language

used by the person. ii. Present or last known address;

iii. Telephone number, including, if applicable, country code;iv. When referring to a natural person, present or last known place

of employment;


Once a person has been identified in compliance with this paragraph, only the

name of that person needs to be listed in response to later discovery requesting the

identification of that person.

13. The term "identify", with respect to documents, means to give, to the extent

known, the:

i. Type of document; ii. General subject matter of the document;

iii. Date of the document; iv. Author(s), addressee(s), and recipient(s) of the document; v. The location of the document;

vi. The identity of the person who has custody of the document;vii. Whether the document has been destroyed, and if so,

a. The date of its destruction;b. The reason for its destruction; andc. The identity of the person who destroyed it or caused it

to be destroyed.

14. The term immediate family shall include:

i. Spouse; ii. Natural and adoptive parents;

iii. Children and siblings;iv. Half siblings (a person with whom the subject shares only one

biological parent);v. Stepparents, stepchildren and stepsiblings;

vi. In-laws:a. Fathers-in-law;b. Mothers-in-law; c. Brothers-in-law; d. Sisters-in-law; e. Sons-in-law; and f. Daughters-in-law;

vii. Grandparents; viii. Grandchildren.

INSTRUCTIONS

1. These requests for interrogatories are directed toward all information known


or available to Plaintiff BSI Mortgage IV LLC not its attorney, Mr. Alan Weinreb, The

Margolin & Weinreb Law Group, LLP 165 Eileen Way, Ste. 101, Syosset, NY 11791

including information contained in the records and documents in BSI Mortgage IV LLCs

custody or control or available to BSI Mortgage IV LLC upon reasonable inquiry.

2. All information requested herein is to be set forth if it is in the possession or

control of, or is available or accessible to plaintiff or any of its agents, consultants, counsel,

investigators, representatives or any other person or persons acting for it or on its behalf.

3. Each request for interrogatory is to be deemed a continuing one. Defendant

Vekrum Kaushik hereby requests, pursuant to Federal Rule of Civil Procedure 26(e), that

after responding to these interrogatories, plaintiff supplement and/or correct any responses

later learned to be incomplete or incorrect immediately upon learning that a prior response

was incomplete or incorrect.

4. If plaintiff cannot respond to any of the following interrogatories in full after

exercising due diligence to secure the information to do so, then respond to the extent

possible and explain its inability to provide a complete answer. State whatever information

or knowledge plaintiff has about the unanswered portion of any interrogatory.

5. If any information called for by an interrogatory is withheld on the basis of a

claim of privilege set forth the nature of the claimed privilege and the nature of the

information with respect to which it is claimed.

6. Whenever an interrogatory requests the identification of a document, the

answer shall state the name, address, position, and organization of the author and each

recipient of the document, the custodian of the document, the date of the document, and a

brief description of the subject matter of the document.


7. Whenever an interrogatory requests the identity of a person, state his or her

full name, present or last known address, telephone number, and position of employment at

the time in question.

8. Whenever an interrogatory requests the identity of an entity, state its name,

address, telephone number, and the type of business in which the entity engages.

9. Whenever an interrogatory seeks a description of an act, transaction,

occurrence, dealing or instance, state the date when it occurred, the place where it occurred,

the identity of each person participating therein, the person on whose behalf each such person

participated or purported to participate, the nature and substance of all communications

occurring during, or in connection with the act, transaction, occurrence, dealing or instance,

and identity all documents referring thereto or reflecting the act, transaction, occurrence,

dealing or instance.

10. With respect to information or documents as to which you may claim

privilege, attorneys work product or trial preparation materials, you are requested to identify

each such document, in writing, on or before the date of the production set forth herein,

together with the following information: the nature, date, subject matter and author of the

document, as well as the identity of all persons to whom the document was directed,

addressed or received, and the paragraphs of the discovery requests to which the document

corresponds. For each such document, you are further required to state the basis for your

claim of privilege, attorneys work product, or trial preparation materials.

11. Whenever an interrogatory asks for a date, state the exact day, month and

year, if ascertainable or, if not, the best approximation thereof.

12. For each interrogatory or part of an interrogatory that you refuse to answer


on grounds of burdensomeness, explain in as much detail as possible the basis for your

contention.

13. As to every request for interrogatory which a member of BSI Mortgage IV

LLC or BSI Mortgage IV LLC fails to answer in whole or in part, the subject matter of that

request will be deemed confessed and stipulated as fact to the Court.

14. Kindly attach additional sheets as required identifying the Interrogatory being

answered. You have a continuing obligation to update the information in these

Interrogatories as you acquire new information. If no such update is provided in a reasonable

period of time that you acquired such information, it may be excluded at trial or hearing.

INTERROGATORIES

Interrogatory No. 1:

Please identify each person who answers these interrogatories and each person

(attach pages if necessary) who assisted, including attorneys, accountants, employees of third

party entities, or any other person consulted, however briefly, on the content of any answer to

these interrogatories.

Answer No. 1:


For each of the above persons please state whether they have personal knowledge

regarding the formation, creation and/or filing registration of BSI Mortgage IV LLC in the

State of Delaware.

Answer No. 2:


Other than those individuals otherwise mentioned herein, name any other person that


was involved with and/or has personal knowledge regarding the formation, creation and/or

filing registration of BSI Mortgage IV LLC in the State of Delaware.

Answer No. 3:


Identify any past and present member, past and present manager, past and present

managing member, past and present managing director, past and present chief executive

officer, past and present officer, past and present president, past and present partner, past and

present authorized agent, past and present investor or past and present fiduciary that have

been in communication with FCI Lender Services, Inc. and the dates of communication.

Answer No. 4:


Please identify any person(s) who had any contact with any third party regarding the

securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral,

written or otherwise, concerning the transfer, assignment, purchase or assumption of the

subject loan by BSI Mortgage IV LLC.

Answer No. 5:


Please identify any person(s) known or believed by anyone at BSI Mortgage IV LLC

who had received physical possession of the note and allonges, the mortgage, or any document

(including but not limited to assignment, endorsement, allonges, Pooling and Servicing

Agreement, Assignment and Assumption Agreement, Trust Agreement, letters or email or

faxes of transmittals including attachments) that refers to or incorporates terms regarding the

securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral,


written or otherwise, that would affect the funding, or the receipt of money from a third party

in a transaction, and whether such money was allocated to principal, interest or other

obligation related to the subject loan.

Answer No. 6:


Set forth the relationship between BSI Mortgage IV LLC and Rodie Bensimon a/k/a

Rodie Simon Bensimon a/k/a Rodie Ben Simon a/k/a Simon Charles Ben a/k/a Rodie Ben

Bensimon.

Answer No. 7:


Please identify custodian(s) of the records that would show all entries regarding the

flow of funds concerning the transfer, assignment, purchase or assumption of the subject loan

to BSI Mortgage IV LLC subject loan transaction prior to and after closing of the loan. (Flow

of funds, means any record of money received, any record of money paid out and any

bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan

transaction at your company or any affiliate including but not limited to whether the subject

transaction was ever entered into any category on the balance sheet at any time or times,

whether any reserve for default was ever entered on the balance sheet, and whether any entry,

report or calculation was made regarding the effect of this loan transaction on the capital

reserve requirements of your company or any affiliate.)

Answer No. 8:


Please state whether BSI Mortgage IV LLC or any past and present member, past and


present fiduciary, past and present active or passive investor, past and present manager, past

and present managing member, past and present managing director, past and present chief

executive officer, past and present officer, past and present president, past and present partner,

past and present authorized agent, past and present employees, past and present independent

contractors, or other past or present agents, past or present servants of BSI Mortgage IV LLC

or any immediate family member thereof had (i) any direct contact with defendant Vekrum

Kaushik (notwithstanding the within action) at any time since the inception of BSI Mortgage

IV LLC (ii) any previous relationship with defendant Vekrum Kaushik. If yes, please provide

the date, method and natural person that communicated with defendant Vekrum Kaushik.

Answer No. 9:


Set forth the dates for which BSI Mortgage IV LLC operated at its usual place of

business at 2500 East Hallandale Beach Blvd., PH 10, Hallandale Beach, FL 33009.

Answer No. 10:


Set forth the approximate percentage of business activity of BSI Mortgage IV

LLC which is conducted in (i) Florida, (ii) New York, (iii) California, (iv) Delaware and (v)

all other States of the United States and foreign countries.

Answer No. 11:


Set forth whether any past and present member, past and present fiduciary, past and

present active or passive investor, past and present manager, past and present managing

member, past and present managing director, past and present chief executive officer, past


and present officer, past and present president, past and present partner and past and present

authorized agent of BSI Mortgage IV LLC or any immediate family member thereof,

presently and/or previously possesses/possessed keys or other lawful implements of entry to

the dwelling and/or other structures located at 65 Hildreth Avenue, Bridgehampton, NY

11932. If yes, when and how did they come into possession of said keys or other lawful

implements of entry (i.e., modification of door locks and/or deadbolts)?

Answer No. 12:


Please set forth whether past or present members of BSI Mortgage IV LLC as

identified by plaintiff or BSI Mortgage IV LLC have been a party to a foreclosure action

within any State of the United States.

Answer No. 13:


Set forth the full and complete name (including but not limited to middle, maiden

and married names) and alternative spelling thereof for the two listed members of BSI

Mortgage IV LLC as identified by plaintiff in the filing with this honourable Court of August

13, 2014.

Answer No. 14:


Please state the name, address and phone number of each past and present member,

past and present fiduciary, past and present active or passive investor, past and present

manager, past and present managing member, past and present managing director, past and

present chief executive officer, past and present officer, past and present president, past and


present partner and past and present authorized agent of BSI Mortgage IV LLC and identify

all documents that illustrate the date each individual named herein entered into such capacity

with BSI Mortgage IV LLC.

Answer No. 16:


Other than persons identified above, identify any and all persons who have or had

personal knowledge of the subject loan transaction, underwriting of the subject loan

transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan

transaction, or the decision to enforce the note or mortgage in the subject loan transaction.

Answer No. 17:


Please identify any person(s) in custody of any document which refers to any

instruction or authority to enforce the note or mortgage in the subject loan transaction.

Answer No. 18:


Did any investor/certificate holder approve or authorize foreclosure proceedings on

the subject property? If yes, set forth the name address and telephone number of such

individual.

Answer No. 19:


Set forth the relationship between BSI Mortgage IV LLC and Elon Lebouvich a/k/a

Elon Lebovitch a/k/a Allen Lebo.

Answer No. 20:



Set forth the relationship between BSI Mortgage IV LLC and Eli Rouimi a/k/a

Eliyahou Rouimi and any entities which said person owns/operates/controls/is a stakeholder.

Answer No. 21:


Please identify the person(s) or entities that are entitled, directly or indirectly to the

stream of revenue from the foreclosure sale of the subject loan or subject premises.

Answer No. 22:


Please identify any past and present member, past and present fiduciary, past and

present active or passive investor, past and present manager, past and present managing

member, past and present managing director, past and present chief executive officer, past

and present officer, past and present president, past and present partner, past and present

authorized agent, past and present employees, past and present independent contractors, or

other past or present agents, and past or present servants of BSI Mortgage IV LLC or any

immediate family member thereof who might possess or claim rights under the subject loan

or mortgage and/or note.

Answer No. 23:


Please set forth the exact address of every office location utilized by BSI Mortgage

IV LLC in the United States and abroad within the past five (5) years.

Answer No. 24:



Set forth the time spent by past or present members of BSI Mortgage IV LLC at

its usual place of business at 2500 East Hallandale Beach Blvd., PH 10, Hallandale Beach,

FL 33009.

Dated: Great Neck, New YorkOctober 8, 2014

By: _____________________________Spencer Sheehan, Esq.SHEEHAN & ASSOCIATES, P.C.Attorneys for Defendant Vekrum Kaushik10 Middle Neck RoadSuite 200Great Neck, NY 11021Tel: (347) 635-4160Fax: (516) [email protected]

TO: Alan Weinreb, Esq.THE MARGOLIN & WEINREB LAW GROUP, LLPAttorneys for Plaintiff BSI Mortgage IV LLC165 Eileen WaySuite 101Syosset, NY 11791


INDEX NO. 14 CV 01640 (LDW) (ARL)UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK

BSI MORTGAGE IV LLC,

PLAINTIFF,

- AGAINST -

VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CITIBANK, N.A., CITIBANK, N.A. AND JOHN DOE 1 through 12, said persons or parties having or claimed to have a right, title or interest in the Mortgaged premises herein, their respective names are presently unknown to the Plaintiff,

DEFENDANTS.

DEFENDANT VEKRUM KAUSHIKS INTERROGATORIES TO PLAINTIFF (FIRST SET)

Sheehan & Associates, P.C. $WWRUQH\V IRU 3ODLQWLII10 Middle Neck Road

Suite 200 Great Neck, NY 11021

Tel: (347) 635-4160 Fax: (516) 234-7800

[email protected]

Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information, and belief, formed after an inquiry reasonable under the circumstances, the contentions contained in the annexed documents are not frivolous.

Dated: Nassau, New YorkOctober 8, 2014

___________________________SPENCER SHEEHAN, ESQ.


EXHIBIT C


UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------X 14 CV 01640 (LDW) (ARL) BSI MORTGAGE IV, LLC, Plaintiff,

-against- CERTIFICATE OF SERVICE VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CITIBANK, N.A., CITIBANK, N.A. AND JOHN DOE 1 through 12, said persons or parties having or claimed to have a right, title or interest in the Mortgaged premises herein, their respective names are presently unknown to the Plaintiff, Defendants. -------------------------------------------------------------------X

I hereby certify that, on this 11th day of March, 2015, a true and correct copy of the foregoing opposition to movant Elon Lebouvich a/k/a Allen Lebos motion to quash the subpoena duces tecum on Elon Lebouvich a/k/a Allen Lebo, was served upon the following counsel of record for plaintiff and Elon Lebouvich a/k/a Allen Lebo through the Courts CM/ECF system and via first-class mail:

Alan Weinreb, Esq. THE MARGOLIN & WEINREB LAW GROUP, LLP 165 Eileen Way, Ste. 101 Syosset, NY 11791

/s/ Spencer Sheehan Spencer Sheehan


document46

Documents