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FILED: KINGS COUNTY CLERK 01/24/2017 07:50 AM

NYSCEF DOC. NO. 101

INDEX NO. 514736/2015


RECEIVED NYSCEF: 01/24/2017

Exhibit 1

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS

A.J. RICHARD & SONS, INC.,

Index No. 5 14736/2015


Plaintiff,

-against
SUBPOENA FOR
DEPOSITION/DOCUMENTS

FOREST CITY RATNER COMPANIES, LLC,


Defendant.

THE PEOPLE OF THE STATE OF NEW YORK


To:

New York State Urban Development Corporation d!b/a Empire State Development, 633 3rd Avenue, New York, NY 10017
WE COMMAND YOU, That all business and excuses being laid aside, you:

Deposition with Documents returnable prior thereto


appear and attend before a person authorized to administer oaths within the State of New York at Cravath, Swaine & Moore LLP on
February 15, 2017 at 9:00 am., and at any recessed or adjourned date, to give testimony in this action on the part of the plaintiff, and
that you produce at Cravath, Swaine & Moore LLP on February 6, 2017 at 9:00 am. certain documents described in the annexed
Schedule A.

The circumstances or reasons such discovery is sought or required are as follows (see CPLR 3101 (a)(4)): You have been identified
by defendant Forest City Rather Companies, LLC as a person having information relevant to claims and defenses in the abovecaptioned action.
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 and all damages sustained by reason of your failure to comply.
January 23, 2017

CRAVATH, SWAINE & MOORE LLP,

SO ORDERED:

by
Rt H. Baron
Rory A. Leraris
Members of the firm

SYLVIA G. ASH, J.S.C.

Worldwide Plaza
$25 Eighth Avenue
New York, NY 10019
(212) 474-1000
Attorneys for PlaintiffA.i Richard & Sons, Inc.
Unless the subpoena duces tecum directs the production of original documents for inspection and copying at the place where such
items are usually maintained, it shall be sufficient to deliver complete and accurate copies of the items to be produced. The reasonable
production expenses of a non-party witness shall be defrayed by the party seeking discovery, CPLR 3 122(d).
Business records produced pursuant to this Subpoena shall be accompanied by a certification in the form attached to this subpoena,
CPLR 3122-a.

SCHEDULE A
Definitions
1.

The term Atlantic Yards Project shall mean the Atlantic Yards

Land Use and Improvement and Civic Project, including any portions thereof now
referred to as Pacific Park.
2.

The term A.J. Richard shall mean A.J. Richard & Sons, Inc., and

any of its present or former parents, subsidiaries, affiliates, divisions, joint ventures or
other related entities, including P.C. Richard & Son, and any of its present and former
officers, directors, employees, attorneys, representatives and agents.
3.

The term Communication shall mean any transmittal of

information (in the form of facts, ideas, inquiries, photographs, drawings or otherwise),
and a document request for communications includes correspondence, telexes,
facsimile transmissions, telecopies, electronic mail (e-mail), all attachments and
enclosures thereto, recordings in any medium or oral communications, telephone logs,
message logs, and notes and memoranda concerning written or oral communications, and
any translations thereof. For the avoidance of doubt, Communication shall include any
such transmittal of information, whether sent by You, addressed to You, received by You
or otherwise within Your possession or control.
4.

The term Concerning shall mean relating to, referring to,

describing, evidencing, memorializing, or constituting any subject matter, including


documents relating to, referring to, describing, evidencing, memorializing or constituting
communications regarding that subject matter.
5.

The term Condemnation shall mean the potential condemnation

or taking of the Property (as defined below).

6.

The term Document is defined to include, by way of example

and not by way of limitation, all of the following: communications (as defined herein),
correspondence, letter, envelope, memoranda, telegram, cable, note, message, e-mail,
voice mail message, report, study, press release, comparison, book, account, check, audio
and video recording, motion picture film, pleading, testimony, article, bulletin, pamphlet,
brochure, magazine, questionnaire, survey, chart, newspaper, calendar, desk calendar,
pocket calendar, list, log, publication, notice, diagram, instruction, diary, minutes of
meetings, corporate minutes, order, resolution, agenda, memorials or notes of oral
communications, whether by telephone or face-to-face, contract, agreement, drafts of
proposed contract or agreement, memoranda of understanding, letter of intent, deal
memoranda, transcriptions of audio or video recording, electronic device memory,
computer files, distributed databases, unclassified digital objects, photographs, charts,
graphs, microfiche or any other tangible thing on which any handwriting, typing,
printing, photostatic, digital form of communication or information is recorded, stored, or
reproduced, together with all notations or meta-data on, or of, any of the foregoing, all
originals, file copies, or other unique copies or duplications of the foregoing and all
versions of drafts thereof, whether used or not and including deleted files on or in a
computer or computer storage device or media whether located on-site or off-site. The
term Document includes each copy that is not identical to the original or to any other
copy and any draft of any document or any working paper or draft concerning any
document.
7.

The term Forest City shall mean Forest City Ratner Companies,

LLC, and any of its present or former parents, subsidiaries, affiliates, divisions, joint

ventures or other related entities, and any of its present and former officers, directors,
employees, attorneys, representatives and agents. For the avoidance of doubt, the term
Forest City shall include Greenland Forest City Partners and any related entities.
8.

The term Property shall mean the land within Site 5 (defined

below) of the Atlantic Yards Project, located at 590 Atlantic Avenue, Brooklyn, New
York, where A.J. Richard presently owns and operates a P.C. Richard & Son store.
9.

The term Site 5 shall mean the parcel located west of the primary

Atlantic Yards Project site consisting of two lots, one of which is the Property, and
which, pursuant to the Atlantic Yards Project, is to be redeveloped to include mixed
commercial, retail and residential uses. For the avoidance of any doubt, Site 5 also
refers to any land, building, development or other subpart of the parcel.
10.

The term You shall mean the New York State Urban

Development Corporation d/b/a Empire State Development, and any of its divisions,
affiliates or related entities, including Empire State Development Corporation and
Atlantic Yards Community Development Corporation, and present and former officers,
directors, managers, principals, employees, agents, representatives, or any other persons
authorized to or purporting to act on behalf of the foregoing.
11.

To bring within the scope of this subpoena (the Subpoena) and

its document requests (the Requests) all information that might otherwise be construed
to be outside of its scope, the following rules of construction apply: (a) the masculine,
feminine or neuter pronoun shall not exclude other genders; (b) the word including
shall be read to mean including without limitation; (c) the present tense shall be construed
to include the past tense and vice versa; (d) references to employees, officers, directors or

agents shall include both current and former employees, officers, directors and agents;
(e) the use of the singular form of any word includes the plural and vice versa; (f) the
terms any, all and each shall be read to mean any, all, each and every; and (g) the
connectives and and or shall be construed either disjunctively or conjunctively as
necessary to bring within the scope of these Requests any information that might
otherwise be construed to be outside their scope.
Instructions
The following instructions apply to each of the Requests and are deemed
to be incorporated in each of them:
1.

For purposes of these Requests, terms not specifically defined shall

be given their ordinary meaning.


2.

In responding to the Requests, You shall produce all responsive

documents in Your possession, custody or control or in the possession, custody, or


control of Your agents, employees, or other representatives.
3.

If any portion of any document is responsive to any Request, the

entire document must be produced.


4.

For the purpose of reading, interpreting, or construing the scope of

these Requests, the terms used shall be given their most expansive and inclusive
interpretation.
5.

Unless instructed otherwise, each Request shall be construed

independently and not by reference to any other Request for the purpose of limitation or
exclusion.
6.

Each requested document shall be produced in its entirety, without

abbreviation or redaction, including all attachments, appendices, exhibits, lists, schedules


4

or other matters at any time affixed thereto. Absent unusual circumstances, documents
shall be Bates-numbered.
7.

If any portion of a document is responsive to any Request, the

entire document shall be produced.


8.

You must answer each Request separately and fully, unless it is

objected to, in which event the reasons for the objections should be specifically and
separately stated.
9.

You must produce responsive documents as they have been kept in

the ordinary course of business except that you shall organize or label them to correspond
to the enumerated Requests of this demand. If you cannot locate any documents
responsive to any enumerated Request or any portion of a Request, please so state in
writing.
10.

For any responsive documents or communications stored in

electronic format, including e-mail, you will produce those documents or


communications in searchable electronic format (e.g., single-page .tiff format with
corresponding OCR or full-text fields) on CD-ROMs, DVD-ROMS, portable or external
hard drives or other widely used electronic or optical storage media. All Microsoft Excel
and PowerPoint documents will be produced in native format, and A.J. Richard reserves
the right, as needed, to seek production of additional documents, communications, or
categories of documents in native format. All responsive documents and
communications will be produced with sufficient metadata to convey where these items
begin and end (including attachments), the original file name, and the original timestamps
and attributes, including the following metadata fields: BEGBATES, ENDBATES,

BEGATTACH, ENDATTACH, to, from, cc, bcc, subject, custodian,


creation date, last modified, date sent, time sent and MD5HASH.
11.

If you withhold any document, or any portion of any document,

under a claim of privilege, immunity or protection, including the attorney-client privilege


or work product doctrine, you shall provide a written privilege log that sets forth (i) the
nature of the privilege, immunity or other protection claimed; (ii) the type of document,
(iii) the subject matter of the document; (iv) the date of the document; and (v) such other
information as is sufficient to identify the document for a subpoena duces tecum,
including, where appropriate, the author of the document, the addressee or addressees of
the document and, where not apparent, the relationship of the author and addressee or
addressees to each other.
12.

If you redact information from a document produced in response to

a Request, you shall identify the redaction by stamping the word Redacted on the
document at each place where information has been redacted and separately log each
redaction on a written privilege log.
13.

You shall produce all documents that cannot be legibly copied in

their original form.


14.

If any document requested was, but is no longer, in your

possession, custody, or control, state the subject matter of the document, what disposition
was made of it, and the date or dates on which such disposition was made. Additionally,
produce all documents concerning the disposition of such document or documents.
15.

If you are unable to locate any document or category of documents

requested, state all efforts that have been made to locate it and identify any individual

whom you believe is likely to possess any information regarding the documents
whereabouts.
16.

These Requests shall be deemed continuing to the fullest extent

permitted under the law, and to the extent that any documents requested herein are not
available at the time you respond, you shall promptly supplement your response when
such documents become available.
Relevant Time Period
Unless otherwise stated, the relevant time period for this Subpoena shall
be from January 1, 2005 to the present. This Subpoena seeks the production of all
documents, whenever prepared, which concern that period. This Subpoena shall be
deemed continuing so as to require the ongoing production of documents prepared after
the date of this Subpoena which concern the Relevant Time Period.
Requested Documents
1.

All documents concerning agreements between You and Forest

City, creating obligations on the part of You or Forest City in connection with Site 5,
including, but not limited to the Land Acquisition Funding, Property Management and
Relocation Agreement.
2.

All documents concerning any actual or potential reimbursement,

payment or advancement by Forest City to You of costs, fees, compensation or any other
expenditures related to Site 5.
3.

All documents concerning Site 5.

4.

All documents concerning the Property, including any actual or

potential valuation of the Property.


5.

All documents concerning A.J. Richard.


7

6.

All documents concerning the P.C. Richard & Son store located at

7.

All documents concerning any efforts to acquire title or possession

the Property.

of property within Site 5 of the Atlantic Yards Project, including the Property, through
condemnation, taking or other means.
8.

All documents concerning communications between You and

Forest City concerning A.J. Richard, Site 5 or the Property.


9.

All documents concerning the October 27, 2005 Comments on

Draft Scope of Analysis for an Environmental Impact Statement for proposed Atlantic
Yards Arena and Redevelopment Project and November 27, 2006 Comments on Final
Environmental Impact Statement (FEIS) for proposed Atlantic Yards Arena and
Redevelopment Project submitted to ESDC by Rivkin Radler LLP and Freudenthal &
Elkowitz Consulting Group, Inc. on behalf of A.J. Richard.