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  • AFFIDAVIT of Mark Schoen Filed - P 107

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    Christopher Langone
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    Cathy Bennett, a non-attorney, certifies and states under oath that she caused a copy 0 f the attached Affidavits Regarding Defendant's Discovery Efforts to be served upon the foregoing parties, via facsimile on or before 5:00 p.m., on August 7, 2000.

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    AFFIDAVIT of Mark Schoen Filed - p 107

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    Cathy Bennett, a non-attorney, certifies and states under oath that she caused a copy 0 f the attached Affidavits Regarding Defendant's Discovery Efforts to be served upon the foregoing parties, via facsimile on or before 5:00 p.m., on August 7, 2000.

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    102 Ansichten10 Seiten

    AFFIDAVIT of Mark Schoen Filed - P 107

    Hochgeladen von

    Christopher Langone
    Cathy Bennett, a non-attorney, certifies and states under oath that she caused a copy 0 f the attached Affidavits Regarding Defendant's Discovery Efforts to be served upon the foregoing parties, via facsimile on or before 5:00 p.m., on August 7, 2000.

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    IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION SUSAN MILLER, DR. TASSOS P. NASSOS individually and as Trustee of the ving trust of Tassos Nassos and the inevocible trust of Mary Nassos, MARY NASSOS as Trustec for the irrevocable ) trust of Tassos Nassos and JAMES MILLER, ) as Trusiee for the irrevocable trust of Dr. Michael Marchi, and all other similarly situated, ) ) ) ) Plaintiffs, ) ) v. } No. 97 CH 04324 ) ROYA‘, MACCABEES LIFE ) INSURANCE COMPANY, ) ) Defendant. ) NOTICE OF FILING TO: See Attached Service List PLEASE TAKE NOTICE that on the 7th day of August, 2000, there was filed with the Clerk cf the Circuit Court of Cook County, Affidavits Regarding Defendant’s Discovery Efforts, a copy of which is attached hereto. SCHOENBERG, FISHER, NEWMAN & ROSENBERG, LTD. ‘Schoer berg, Fisher, Newman & Rosenberg, Ltd. 222 South Riverside Plaza, Suite 2100 Chicago, Illinois 60606-6101 Phone: (312) 648-2300 Firm No. 90659 200 Nas ZTZT Sho ZTE XVM CO:TT NOK 907, oe ee eee ee ee ee er ae Peer FiawenMHANPLEADINGWKS\ROVALIMILLER oat ae CERTIFICATE OF SERVICE. Cathy Bennett, a non-attomey, certifies and states under oath that she caused a copy of the attached Affidavits Regarding Defendant's Discovery Efforts to be served upon the foregoing parties, via facsimile on or before 5:00 p.m., on August 7, 2000. Lawrence Schad David Phillips Beeler, Schad & Diamond 332 South Michigan Avenue Suite 1000 Chicago, Illinois 60604-4398 Facsimile: (312) 939-4661 Christopher V. Langone 25 Bast Washington, Suite 1805 Chicago, Iinois 60602 Facsimile: 312- 782-2022 ‘Anthony J. Madonia Anthony J. Madonia & Associates 150 North Wacker Drive Suite 900 Chicago, Illinois 60606-1605 Facsimile: (312) 578-9303 Michael Childress Childress & Zdeb, Ltd. 6 West Hubbard Street Fifth Floor Chicago, Illinois 60610 Facsimile: (312) 494-0202 yy Bennett SUBSCRIBED and SWORN to before ime this 7% day of August, 2000, $y Commission Ex PAMELA J. GANTZER Notary Pubic; Sue of lines!" oozes $ SE eee eee eee Peer Luddwil IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT CHANCERY DIVISION SUSAN MILLER, Dr. TASSOS P. NASSOS individually and as Trustee of the living trust of Tassos Nassos and the irrevocable trust of Mary Nassos, MARY NASSOS as Trustee for the irrevocable trust of Tassos Nassos and JAMES MILLER, as Trustee for the irrevocable trust of ) ) ) ) ) ) ) Dr. Michael Marchi, ) and all others similarly situated, ) ) Plaintiffs, ) ) ) ) ) ) ) ) v. No. 97 CH 04324 ROYAL MACCABEES LIFE INSURANCE COMPANY, Judge Michael Getty Defendant. AFFIDAVIT OF MARK K. SCHOENFIELD REGARDING DISCOVERY RESPONSE EFFORTS, 1, Mark K. Schoenfield, having been duly sworn, on oath state as follows: 1. Tamlead defense counsel for this case, and am familiar with the presently outstaning interrogatories and document requests of the plaintiffs. 2. During June July, 2000, Las well as other lawyers and the chief litigation paraligal of my firm have expended at Ieast 160.9 hours responding to discovery requests by plain iffs primarily seeking information to answer plaintiffs’ interrogatories and producedocuments requested by plaintiffs with reviewing documents, and conferring with various persons believed to have relevant knowledge to complete discovery responses, including a present officer of the defendant, a present consultant to the defendant, a consulting expert for this litigation, and former employees of the defendant, 3. I believe that it is necessary and reasonable to allow the defendant until the enil of September to complete its response to plaintiffs’ present discovery because: A. Defendants’ documents for the period before the 1999 sale of its stock row are in storage in several locations in different states including Michigan, Texas, Connecticut and North Carolina. Since there were numerous documents (approximately 16 tractor trailers of boxes arc stored in one SS Eee Eee ee eee are PEEeH location in Texas alone] and boxes were categorized for general company purposes, it is difficult to review a list of the boxes and be certain of their content. B. _ Defendants" documents for the period since the 1999 sale of its stock now are located in either Michigan, Texas, Connecticut or being imaged in North Carolina. c Defendant currently performs the administration ofits life insurance bus ness through a third-party administrator which is an independent contracto. Its former employees with nowledge regarding responding to the discovery are located in various states D. Defendant has authorized its counsel to agree with any former employc:s as necessary to pay one hundred dollars per hour to them to assist with tesponding to plaintiffs’ discovery. E. Neither the old nor the new computer systems have much of the informiition requested by plaintiffs which can be accossed through the prescat computer programs. Thus, to extract some of the information sought by the plaic tiffs ‘will require hiring consultant programers to devise computer progranis to extract information from various computer databases FE, Defendants’ computerized information for the period before the 1999 sale of its stock can only be accessed through former employees of the defendant. G. _ Defendants’ computer system for the period since the 1999 sale of its stock now is located in Dallas, Texas and controlled by Mynd, the third-rarty administrator that administrates the defendants life insurance policy. 4, Defendant's discovery efforts during this period also have been slowed to a dezrce by the vacation and current employment schedules of its former employees, over which defendant hhas no control. 5. Discovery efforts also take additional time because documents have to be located and/or ordered from storage and then received and reviewed, including being transmitted from one state to another. 6. — Wewere prepared to expend any additional time needed to review information which could be located. Peery See eee eee eee Noes Mit k Ltd) Mark K. Schoenfield SUBSCRIBED znd SWORN TO before me this 7/4 day of v 2000 “OFFICIAL SEAL" NOTARY PUBLI CAROL A. NUZZO otary Publ, Stato of tla ent ALEC UESBOYAI Ik $y Commision Expron 09072 et eee ee oe eee ee ee aia 8/03/QU AMu 10:01 FAS 3iZ cao ache orhn IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT CHANCERY DIVISION ‘SUSAN MILLER, Dr. TASSOS P. ‘NASSOS individually and as Trustee of the living trust of Tassos Nassos and the irrevocable trust of Mary Nassos, MARY NASSOS as Trusteo for the ‘revocable trust of Tassos Nassos and JAMES MILLER, as Trustee for the irrevocable trust of Dr. Michael Marchi, and all others similarly situated, Plaintiff No. 97 CH 04324 Judge Michael Getty v. ROYAL MACCABEES LIFE INSURANCE COMPANY, Defendant. AFFIDAVIT OF MICHAEL McGRATH. REGARDING DISCOVERY RESPONSE EFFORTS I, Michael McGrath, having been duly sworn, on oath state as follows: 1. Yam presently 2 part-time consultant to the defendant while I hold a full-time positioa with management consulting firm. Iam the former Scnior Vice President, Secretary and General Counsel of the defendant, and am familiar with the presently outstanding interrogatories and document requests of the plaintifis 2. Since June 1, 2000, I have expended approximately 40 hows secking information to tnswer plaintiffs’ interrogatories and produce documents requested by plaintiffs. These hows have been expended confering with defense counsel for the preseat case, reviewing documents, amd conferring with various persons believed to have relevant knowledge to complete discovery responses, including a present off cer of the defendant; a present consultant to the defendant, and three former employees of the defendant. 3. believe that itis necessary and reasonable to allow the defendant until the eud of September to complete its response to plaintiffs” present discovery because: A. Defendants’ documents for the period before the 1999 sale of its stock now ae in storage in several locations in different states including Michigan, Texas, Connvcticut and North Carolina. Since there were numerous documents [approximately 16 ractor trailers of boxes are stored in one location in Texas alone] and boxes were categorized for general company purposes, itis difficult to review alist ofthe boxes and bevertain of their contents. OOF Cee eee eee eee eee eet ‘Defendant's documents for the period since the 1999 sale of its stock now are located in cither Michigan, Texas, Connecticut. Defendant has authorized its counsel to pay any of its former employees as necessary ‘one hundred dollars per hour to assist with responding to plaintifis’ discovery. ‘Neither of the defendant's life insurancepolicy administration systemspriorto«e after the 1999 sale ofits stock contained the information requested by plaiatifis in th: form that has been requested. Therefore, specialists will need to be hited to extrac! come of the information requested by the plaintiffs from the defendants policy administration systems. Defendants’ computerized information for the period before the 1999 sale of tt stock can only be accessed through former employees of the defendant. Defendants’ computer system for the period since the 1999 sale of its stock row is located in Dallas, Texas and controtled by Mynd, the third-party administrate r that administrates the defendants life insurance policies. Defendant's discovery efforts during this period also have been and willbe slowed to adegrec by the vacation and current employment schedules of is former employees, over which defeadane her ag control, Discovery efforts also take additional time because boxes haveto be ordered from storage and then received, including boxes trom outside Michigan, SUBSCRIBED a b C Ma heah ‘NOTARY PUBLIC Petneansooverar SNDREA G. MOGRATH eatezy Pubic, Lingston County, MI My Comisscn Exes Doo 25, 2001 ‘ato in Oeidend County, Md Veh met . ‘Michael McGrah ~ SWORN TO See day of 2000 G08 ee eee eee ee eee sddine eee IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT CHANCERY DIVISION SUSAN MILLER, Dr. TASSOS P. ‘NASSOS individually and as Trustee of the living trust of Tassos Nassos and the irrevocable trust of Mary Nassos, ‘MARY NASSOS as Trustee for the irrevocable trust of Tassos Nassos and JAMES MILLER, as Trustee for the irrevocable trust of Dr. Michael Marchi, andall others similarly situated, Plaintiffs, v. No. 97 CH 04324 ROYAL MACCABEES LIFE Judge Michael Getty INSURANCE COMPANY, Defendant. AFFIDAVIT OF PETER DURAND REGARDING DISCOVERY RESRONSE EFFORTS. I, Peter Durand, having been duly swom, on oath state as follows: 1. Lam an officer of the defendant as well as a Vice-President and National Trial Counsel for litigation for the parent company of the defendant, and am familiar with the pres>ntly outstanding interrogatories and document requests of the plaintiffs. 7 2. Since June 1, 2000, my staff and I have expended at least 36.8 hours secking information to answer plaintiffs’ interrogatories and produce documents requested by plairtiffs. ‘These hours have been expended conferring with defense counsel in the pending case, reviewing documents; and conferring with various persons believed to have relevant knowledge to complete discovery responses, including a present consultant to the defendant, employees of defendant's parent companies, employees of the third-party administrator which is an independent contnictor, and former employees of the defendant. 3, Thelieve that it is necessary and reasonable to allow the defendant until the ead of September to complete its response to plaintiffs” present discovery because: A. Defendants’ documents for the period before the 1999 sale of its stock. now are in storage in several locations in different states including Mict igan, ‘Texas, Connecticut and North Carolina. Since there were numsrous EEE EEE eErrer Peet documents [approximately 16 tractor trailers of boxes are stored in ne location in Texas alone] and boxes were categorized for general company purposes, it is difficult to review a list of the boxes and be certain of their contents. B. _ Defendants’ documents for the period since the 1999 sale of its stock now are located in either Michigan, Texas, Connecticut or being imaged in Scuth Carolina. C. Neither the old nor the new computer systems have much of the informa ion requested by plaintiffs which can be accessed through the present comp xfer programs. Thus, to extract some of the information sought by the plain iffs will require hiring consultant programers to devise computer programs to extract information from various computer databases D. _Defendant’s computerized information for the period before the 1999 sale of its stock can only be accessed through former employees of the defendant, E. Defendants’ computer system for the period since the 1999 sale of its s'ock now is located in Dallas, Texas and controlled by Mynd, the third-party administrator that administrates the defendants life insurance policies. F. Defendant currently performs the administration ofits life insurance busi ress through Mynd, a third-party administrator which is an independent contractor. The defendant’s former employees with knowledge regarding responding to the discovery are located in various states G. Defendant has authorized its counsel to agree with any former employers as necessary to pay one hundred dollars per hour to them to assist with responding to plaints’ discovery 4. Defendant’s discovery efforts dusing this period also have been slowed to a degree by the vacation and current employment schedules of its former employees, over Which defendant has no control. 5. Discovery efforts also take additional time because boxes have to be located at d/or ordered from storage and then received and reviewed, including being transmitted from one ststeto another. 6. Any and all “accounting statements” that are readily available are included in the annual statement which is statutorily filed with the state and has already been produced ty the plaintiffs Pee Pre eee eee eee ee eet aoe _. 08/01/00 TUE 13:49 FAX 312 648 1212 SFMR ions Peter Di SUBSCRIBED and SWORN TO before me this_|

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