EFTA00726402.pdf

Financial Industry Regulatory Authority April 6, 2010 Harry P Susman, Esq. y LLP Houston, TX 77002 Subject: FINRA Dispute Resolution Arbitraton Number 09-00979 Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. v. Warren Spector Dear Mr. Susman: This matter has been reassigned to the undersigned, Bola Aguda. Any further questions and/or correspondence conceming this matter, including additional pleadings and/or motions, should be directed to my attention at the contact information below. Very truly yours, 134 Bola Aguda Case Administrator Phone: Fax: idr: RECIPIENTS: Gabrielle Gould, Esq., Bear Stearns & Co Freshfields Bruckhaus Deringer US LLP, NY 10022 Gabrielle Gould, Esq., Freshfields Bruckhaus Deringer US LLP, NY 10022 Bear Stearns Asse New York, New York, Gabrielle Gould, Esq., The Bear Steams Companies Investor protection. Market integrity. Dispute Resolution Northeast Regional Office ma One Libert Plaza New York, NY 10006-1404 f www.linra.org EFTA00726402 Freshfields Bruckhaus Deringer US LLP, ==a New York, NY 10022 Harry P Susman, Esq., Financial Trust Com an , Inc. Susman Godfrey LLP, Houston, TX 77002 Harry P Susman, Esq., The C.O.U.Q. Foundation, Inc. Susman Godfrey LLP, Houston, TX 77002 Meredith L. Turner, Esq., Warren S ector Wachtel, Lipton, Rosen & Katz, New York, NY 10019-6150 Andrew Joseph Donovan David I. Goldblatt John Michael Richardson EFTA00726403 Financial Industry Regulatory Authority April 6, 2010 Harry P Susman, Esq. y LLP Houston, TX 77002 Subject: FINRA Dispute Resolution Arbitration Number 09-00979 Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. v. Warren Spector Dear Mr. Susman: Enclosed is a copy of the Initial Pre-Hearing Conference Scheduling Order for the above referenced matter. The evidentiary hearings are scheduled to be heard on the following dates: March 28, 2011 at 09:30 AM Eastern Time Zone, March 29, 2011 at 09:30 AM Eastern Time Zone, March 30, 2011 at 09:30 AM Eastern Time Zone, March 31, 2011 at 09:30 AM Eastern Time Zone, and April 1, 2011 at 09:30 AM Eastern Time Zone. Enclosed is a Case Information Sheet setting forth the dates, times, and location of the evidentiary hearings. A telephonic pre-hearing conference with the Chairperson and the parties is scheduled for January 28, 2011 at 10:00 AM Eastern Time. The conference center operator will contact all participants at the telephone number currently on file up to 5 minutes prior to each conference call. Bola Aguda is listed as the conference leader. The Chairperson will be designated as the conference host. In the event that you will be participating in a pre-hearing conference from an alternative phone number, or you get disconnected duri - • conference, please be advised that you may be connected to the call by dialing and providing the following passcode to the operator: 09- 00979. If the need arises for a postponement, please review the applicable Code of Arbitration Procedure' to determine how to proceed. 'Customer Code Rule 12601 Industry Code Rule 13601 Old Code Rule 10319 Investor protection. Market integrity. Dispute Resolution One Libert Plaza t Northeast Regional Office www finra urg New York, NY 20006-1404 EFTA00726404 Parties are reminded that the Code of Arbitration Procedure2 requires that all parties shall serve on each other copies of the documents and identify the witnesses they intend to present at the hearing at least 20 calendar days prior to the first scheduled hearing date. The parties should list the business affiliation of each witness, or other descriptive information. The Panel may exclude from the arbitration any documents not exchanged or witnesses not identified. Under the Code of Arbitration Procedure, the parties will only be permitted to use documents not timely provided or call witnesses not timely identified if the Panel finds that good cause exists for the failure to produce the documents or witnesses. Good cause includes the need to use documents or call witnesses for rebuttal or impeachment purposes based on developments during the hearing. Documents and list of witnesses presented in defense of a claim are not considered rebuttal or impeachment information and, therefore, must be exchanged by the parties. Very truly yours, Bola Agud Case Ad ' Phone: BA: nsc: LC21Z idr: 10/29/2009 Enclosures CC: Andrew Joseph Donovan David I. Goldblatt John Michael Richardson RECIPIENTS: Gabrielle Gould, Esq., Bear Stearns & C Freshfields Bruckhaus Deringer US LLP,c1 , New York, NY 10022 Gabrielle Gould, Esq., Bear Stearns Ass Freshfields Bruckhaus Deringer US LLP, , New York, NY 10022 Gabrielle Gould, Esq., The Bear Steams ' Freshfields Bruckhaus Deringer US LLP, , New York, NY 10022 Harry P Susman, Esq., Financial Trust Company, Inc. 2Customer Code Rule 12514 Industry Code Rule 13514 Old Code Rule 10321(c) EFTA00726405 Susman Godfrey LLP,MIIIIMMIM, Houston, TX 77002 Harry P Susman, Esq. • Inc. Susman Godfrey LLP, Houston, TX 77002 Meredith L. Turner, Esq., Warr Wachtel, Lipton, Rosen & Kati...Mt, New York, NY 10019-6150 EFTA00726406 Initial Pre-hearing Conference Scheduling Order FINRA DISPUTE RESOLUTION INITIAL PRE-HEARING CONFERENCE SCHEDULING ORDER IN THE MATTER OF: CLAIMANT: Financial Trusty Company, Inc. and The C.O.U.O. Foundation, Inc. RESPONDENTS: Warren Spector, The Bear Steams Companies, Bear Stearns & Co. and Bear Steams Asset Management Inc. CASE NUMBER: 09-00979 An initial pre-hearing telephonic conference was held in the above-captioned matter on March 25, 2010. Participating in the hearing were: Chairperson: David I. Goldblatt Panelist: Andrew Joseph Donovan Panelist: John Michael Richardson Claimant's Representative: !Larry P. Susman, Susman Godfrey LLP Respondent Spector's Representative: Meredith L. Turner, Wachtel, Lipton, Rosen & Katz Respondents Bear Steams companies Representatives: Gabrielle Gould, Freshfields Bruckhaus Deringer, LLP; Joshua Glick, Kramer, Levin, Naftalis & Frankel LLP The following was agreed upon during the conference and is now entered as the Initial Pre- hearing Conference Scheduling Order. 1. The parties accepted the panel's composition. 2. The first scheduled hearing session in this matter will begin at 9:30 a.m. on March 28, 2011. The following dates have also been reserved for this hearing: March 29, 30 and 31 and April 1, 2011. The hearing will take place at the New York City offices of FINRA. 3. All discovery demands shall be served on or before November 8, 2010. All previously served discovery demands shall be complied with or objected to on or before December 8, 2010. Any motions addressed to discovery matters shall be served on or before December 23, 2010. Answering papers shall be served on or before January 7, 2011, and reply papers on or before January 14, 2011. 4. The Chairperson and parties have tentatively reserved January 28, 2011 at 10:00 a.m. for a Pre-hearing telephonic conference to resolve any discovery matters. 5. Pre-hearing briefs, if any, shall be served on or before March 14, 2011. EFTA00726407 6. Communications between parties and arbitrators. (a) All named parties and all arbitrators have agreed to proceed under the voluntary direct communications provisions of the Codes of Arbitration Procedure. All parties agree that their counsel will alert all other parties, all arbitrators, and the FINRA Dispute Resolution case administrator of any changes in its representation. If counsel no longer represents a party, this paragraph will become inoperative and all parties shall cease direct communication with the arbitrators and direct all communications to the assigned FINRA Dispute Resolution case administrator, with the appropriate number of copies for distribution to the arbitrators. (b) Parties shall send only the following directly to the Chairperson: correspondence, discovery motion papers and briefs. (c) Parties may use email for documents fewer than six (6) pages in length, and overnight courier or U.S. Mail for all other documents. Email transmissions must contain the following or similar paragraph: "This message contains confidential information and is intended for the recipient. If you are not the intended recipient, you are notified that disclosure, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. " (d) The electronic and mailing addresses of the Chairperson and counsel for all named parties and the FINRA case administrator assigned to this matter are as follows: David I New York, N.Y. 10024 SUS Houston, TX 77002-5096 llibnI osen & Katz New York, N.Y. 10019 EFTA00726408 lick Levin & Frankel LLP New York, N.Y. 10036 Gould F hfields Bruckhaus Derenger LLP New York, N.Y. 10022 Nicole C. Ha nes FINRA Dispute Resolution New York, N.Y. 10006-1404 6. The Panel requests that, concurrently with the parties' timely exchange of witness lists pursuant to the Code of Arbitration Procedure, the parties send copies of the witness lists to FINRA for forwarding to the Panel, in order that the arbitrators may determine if the appearance of a witness identified in the witness list may create a potential conflict with an arbitrator or otherwise trigger additional disclosures by an arbitrator. To assist the arbitrators in making these conflict checks, the parties should list the business affiliation of each witness, or other descriptive information. 8. Except as provided in this Order, parties should not communicate with any member of the Panel except in the presence of all parties or representatives. 9. If the parties settle this matter prior to a hearing on the merits, the cost of this and any other conferences in which any member of the Panel participates shall be borne in such manner as the Panel directs. 10. Except as provided in paragraph 6(a) above, this Order will remain in effect unless amended by the arbitration Panel. Dated: New York, N.Y. March 30, 2010 s/ David Goldblatt David I. Goldblatt, Chairperson On behalf of the arbitration panel EFTA00726409 'RIWSW 7,141, Finfa , p Financial Industry Regulatory Authority 1. CASE INFORMATION: A. CASE-NUMBER: 09-00979 B. CASE-NAME: Financial Trust Company, Inc. and The C.O.U.Q. Foundation, Inc. v. Warren Spector C. FINRA Dispute Resolution REPRESENTATIVE: Bola Aguda Case Administrator FINRA Dispute Resolution One, Liberty PI w c rk N 10006 D. PRE-HEARING DATE: January 28, 2011 at 10:00 AM Eastern Time (Telephonic conference with chairperson & parties) E. HEARING DATE: March 28, 2011 at 09:30 AM Eastern Time Zone F. ADDITIONAL HEARING SESSIONS: Additional hearing session(s) are scheduled on: March 29, 2011, March 30, 2011, March 31, 2011, April 1, 2011. G. HEARING LOCATION: Dis ute Resolution One Liberty Plaza New York, NY 10006 Conference Call Number 2. PARTY REPRESENTATIVE INFORMATION: Passcode: REPRESENTATIVE: Gabrielle Goul Es . Freshfields Bruckhaus Deringer US LLP Phone: , Fax: Investor protection. Market integrity. Dispute Resolution One Liberty Plaza t Northeast Regional Office www.finra.org New York. NY 100061404 EFTA00726410 Email PARTY(IES): The Bear Stearns Companies, Respondent Bear Steams & Co, Respondent Bear Steams Asset Management Inc., Respondent REPRESENTATIVE: Harry P ., Sus LP Phone- • Email: PARTY(IES): The C.O.U.Q. Foundation, Inc., Claimant Financial Trust Company, Inc., Claimant REPRESENTATIVE: Phone: Mered sq., W Rosen & Katz . • • Email: PARTY(IES): Warren Spector, Respondent 3. ARBITRATION PANEL: David I. Goldblatt Public Arbitrator Chairperson Andrew Joseph Donovan Non-Public Arbitrator Panelist John Michael Richardson Public Arbitrator Panelist Arbitrator classification is reported in accordance with the Codes of Arbitration Procedure for Customer and Industry Disputes, Rules 12100(p) and (u) and 13100(p) and (u), respectively. For more information, please see Regulatory Notice 08-22. LC20B idr: 10/05/2009 CC: Andrew Joseph Donovan David I. Goldblatt John Michael Richardson RECIPIENTS: Gabrielle Gould, Esq., Bear Stearns & C Freshfields Bruckhaus Deringer US LLIDIMIEMMIMIE, New York, NY 10022 EFTA00726411 Gabrielle Gould, Esq., Bear Stearns Ass Freshfields Bruckhaus Deringer US LLP, , New York, NY 10022 Gabrielle Gould, Esq., The Bear Stearns • Freshfields Bruckhaus Deringer US LLP, , New York, NY 10022 Harry P Susman, Esq. • • Inc. Susman Godfrey LIP„ Houston, TX 77002 Harry P Susman, Esq. • Inc. Susman Godfrey LIP„ Houston, TX 77002 Meredith L. Turner, Esq., Warr Wachtel, Lipton, Rosen & Katze,IIISME, New York, NY 10019-6150 EFTA00726412