FILED: NEW YORK COUNTY CLERK 04/15/2015 03:59 PM

NYSCEF DOC. NO. 136

INDEX NO. 652721/2014

RECEIVED NYSCEF: 04/15/2015

EXHIBIT E

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
X
Index No: 652721/2014
FCRC MODULAR, LLC,
Plaintiff,

Hon. Judge Saliann Scarpulla

-against-

SUBPOENA DUCES TECUM

SKANSKA MODULAR LLC and

RICHARD A. KENNEDY,
Defendants.

SKANSKA MODULAR LLC and

RICHARD A. KENNEDY,
Third-Party Plaintiffs
-against
FOREST CITY RATNER COMPANIES,
LLC, FOREST CITY ENTERPRISES, INC.,
JOHN DOES 1-10 AND JANE DOE,
Third-Party Defendants
X
THE PEOPLE OF THE STATE OF NEW YORK:
To:

Greenland US Holding, Inc.

a/k/a Greenland Group Co., Greenland Company USA,
Greenland US
c/o Corporation Service Company
80 State Street
Albany, New York 12207-2543

WE COMMAND YOU, that all other business and excuses being laid aside, to
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produce, at the offices of Peckar & Abramson, PC, at 41 Madison Ave., 20t1, Floor, New

Peckar &
Abramson

York, NY 10010, on the 20th day of November, 2014 at 9:30 o'clock a.m. the records set

A Professional Corporation

forth in the Schedule of Documents attached hereto.

FAILURE TO COMPLY WITH THIS SUBPOENA is punishable as a contempt of

Court and shall make you liable to the person on whose behalf this subpoena was issued for a
penalty not to exceed fifty dollars, plus costs of up to fifty dollars and all damages sustained
by reason of your failure to comply.
PLEASE TAKE FURTHER NOTICE, that production of these records is required
because matters in dispute in this action include the contractual rights existing pursuant to the
Limited Liability Company Agreement of FC+Skanska LLC ("FC+S") and capital
contributions made by FCRC Modular LLC ("FCRC Modular") to FC+S, including the rights
to a contract for the performance of work with respect to buildings formerly titled B3 and B4
at Brooklyn Atlantic Yards, now known as The Pacific Park Project, and Greenland US
Holdings, Inc. also identified as Greenland Group Co., Greenland US, and Greenland USA
("Greenland") by Forest City Enterprises, Inc. in documents it filed with the Securities and
Exchange Commission, acquired rights with respect to these buildings from the plaintiffs
affiliate(s), and Greenland has information in its possession which relates to the buildings
formerly titled B3 and B4.
Dated: October 22, 2014
New York, New York

ectfully submitted,

Bruce D. Meller
PECKAR & ABRAMSON, P.C.
41 Madison Avenue, 20th Floor
New York, NY 10010
Telephone: (212) 382-0909
Co-Counsel for Skanska Modular LLC
And Counsel for Richard A. Kennedy
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Peckar &
Abramson
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K&L GATES LLP

599 Lexington Avenue
New York, NY 10022-6030
Telephone: (212) 536-3900
Co-Counsel for Skanska Modular LLC

DEFINITIONS
These definitions apply throughout these document requests and internally within the
text of these definitions:
1.

"Skanska" as used herein shall mean Skanska Modular LLC and/or Skanska

USA Building Inc. and any of theirs members, officers, former officers, directors, former
directors, agents, former agents, employees, former employees, partners, former partners,
assignees, successors, parent organizations, affiliates, or subsidiaries, or any of its divisions,
branches, or departments and all other persons or entities acting on its behalf.
2.

"FCRC Modular " as used herein shall mean FCRC Modular, LLC

3.

Forest City shall mean Forest City Ratner Companies, LLC, Forest City

Enterprises, Inc., Atlantic Yards B2 Owner, LLC and any of their members, officers, former
officers, directors, former directors, agents, former agents, employees, former employees,
partners, former partners, assignees, successors, parent organizations, affiliates, or
subsidiaries, or any of its divisions, branches, or departments and all other persons or entities
acting on its behalf.
4.

"FC+S" as used herein shall mean FC+Skanska LLC and any of its members,

officers, former officers, directors, former directors, agents, former agents, employees, former
employees, partners, former partners, assignees, successors, parent organizations, affiliates, or
subsidiaries, or any of its divisions, branches, or departments and all other persons or entities
acting on its behalf.
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5.

"Greenland", as used herein shall collectively mean Greenland US Holdings,

Inc., Greenland US, and Greenland USA, a subsidiary of Greenland Group Co., and any of
their members, officers, former officers, directors, former directors, agents, former agents,

employees, former employees, partners, former partners, assignees, successors, parent

organizations, affiliates, or subsidiaries, or any of its divisions, branches, or departments and
all other persons or entities acting on its behalf.
6.

The term "documents" used herein shall mean all writings of any kind,

including the originals, all copies, and all non-identical copies, whether different from the
original by reason of any notation made on such copies, or otherwise, and includes, without
limitation, all drafts, alterations, modifications, changes and amendments or any document
and any graphic or aural records of representations of any kind (including without limitation,
photographs, charts, graphs, microfilm, video tape, recordings, motion pictures) and
electronic, mechanical or electric records or representations of any kind (including, without
limitation, tapes, cassettes, discs, recordings, E-mail discs and printouts, voice mail
recordings).
7.

The "Project" shall mean the project previously known as Brooklyn Atlantic

Yards, located in Brooklyn, New York and know commonly known as Pacific Park Brooklyn.
8.

The "B3 and/or B4 Project(s)" shall mean the building(s) to be constructed at

the Project previously titled B3 and/or B4.

9.
at the Project.

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The B2 Project shall mean the building previously titled B2 to be constructed

SCHEDULE A
DOCUMENTS TO BE PRODUCED PURSUANT
TO SUBPOENA DUCES TECUM
The October 2013 non-binding Memorandum of Understanding between
1.
Forest City and Greenland.
The agreement entered into by and between Greenland and Forest City, on or
2.
about December 16, 2013 to create a joint venture.
3.
Greenland.

The June 30, 2014 Joint Venture Agreement between Forest City and

4.
Agreement.

All documents concerning the closing of the transaction for the Joint Venture

5.

All documents concerning FC+S.

All hold harmless agreements or documents whereby FCRC Modular and/or

6.
Forest City agree to indemnify and/or hold Greenland harmless from any claims made by
Skanska or FC+S.
All documents referring or relating to any rights of FC+S to construct the B3
7.
and/or B4 Project.
All documents referring or relating to the decision to build the B3 Project by
8.
conventional methods and not by modular construction methods.
All documents referring or relating to the decision to build the B4 Project by
9.
conventional methods and not by modular construction methods.
All documents referring or relating to communications concerning the
10.
selection of architects for the next three buildings to be constructed at Pacific Park Brooklyn.
(commencing with the first building which is to be constructed after the B2 Project).
11.

All documents referring or relating to Skanska.

12.

All documents referring or relating to the B2 Project.

13.

All documents referring or relating to the B3 Project.

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14.

All documents referring or relating to the B4 Project.

Peckar &
Abramson

15.

All documents referring or relating to communications regarding FC+S.

A Professional Corporation

All documents referring or relating to any existing agreement between Skanska

16.
and Forest City and/or FCRC Modular.
5

All documents referring or relating to retaining the design firm(s) selected for
17.
the B3 Project.
All documents referring or relating to retaining the design firm(s) selected for
18.
the B4 Project.

#411034v3-

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