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Matthew D. Francis
Nevada Bar No. 6978
mfrancis@bhfs.com
Arthur A. Zorio
Nevada Bar No. 6547
azorio@bhfs.com
BROWNSTEIN HYATT FARBER SCHRECK, LLP
5371 Kietzke Lane
Reno, NV 89511
Telephone: 775.324.4100
Facsimile: 775.333.8171
Attorneys for JED MARGOLIN
IN THE UNITED STATES
BANKRUPTCY COURT
FOR THE DISTRICT OF NEVADA
Case No. BK-N- I 6-50644-BTB
Adversary No. 17-05016-BTB
In Re JAZI GHOLAMREZA ZANDIAN, Debtor.
FRED SADRI, AS TRUSTEE FOR THE STAR LIVING TRUST, DATED APRIL 14, 1997; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR KOROGHLI MANAGEMENT TRUST,
Plaintiffs,
V.
JED MARGOLIN; JAZI GHOLAMREZA ZANDIAN; and all other parties claiming an interest in real properties described in this action,
Defendants.
PATRICK CANET,
Counterclaimant,
V.
FRED SADRI, INDIVIDUALLY AND AS TRUSTEE FOR THE STAR LIVING TRUST; RAY KOROGHLI, INDIVIDUALLY; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR KOROGHLI MANAGEMENT TRUST,
Counter-Defendants.
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PATRICK CANET,
Cross-Claimant,
V.
JED MARGOLIN,
Cross-Defendant.
DEFENDANT JED MARGOLIN'S FIRST SET OF INTERROGATORIES TO PATRICK CANET
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Defendant Jed Margolin ("MARGOLIN") hereby requests that Counterclaimaint/Cross-Claimant Patrick Canet ("CANET") serve responses to the following Interrogatories within thirty (30) days of service hereof. These Interrogatories are considered continuing and therefore CANET is required to supplement his answers whenever he obtains different or additional knowledge, information or belief relative to the Interrogatories.
I. DEFINITIONS
The following definitions and instructions apply to each of the Interrogatories hereinafter set forth:
A. When used herein, the name "ZANDIAN" refers to "JAZI GHOLAMREZA ZANDIAN" and any and all of the other names and aliases he has used, including but not limited to: REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONOREZA ZANDIAN JAZI.
B. When used herein, the name "SADRI" includes the names "FRED SADRI," "FARIBORZ SADRI, and "FRED SADRI, AS TRUSTEE FOR THE STAR LIVING TRUST," and any other name(s) he uses or entities that he controls.
C. When used herein, the name "RAY KOROGHLI" includes the names "RAY
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KOROGHLI" and "RAY KOROGHLI AS MANAGING TRUSTEE FOR KOROGHLI MANAGEMENT TRUST" and any other entities that he controls.
D. When used herein, the name "SATHSOWI T. KOROGHLI" includes "SATHSOWI T. KOROGHLI" and "SATHSOWI T. KOROGHLI AS MANAGING TRUSTEE FOR KOROGHLI MANAGEMENT TRUST."
E. When used herein, the name "KMT" refers to "KOROGHLI MANAGEMENT TRUST."
F. When used herein, the word "COMPLAINT" refers to the COMPLAINT FOR QUIET TITLE AND DECLARATORY RELIEF filed in this Case 17-05016-btb on May 25, 2017.
G. When used herein, the name "CANET" refers to Counterclaimant and Cross-Claimant "PATRICK CANET."
H. The term "FRENCH ACTION" refers to the French Bankruptcy proceeding dated April 3, 1998 that is the basis for the CANET Chapter 15 Petition.
I. When used herein, the term "You" and/or "Your" their plural or any synonym thereof, is intended to and shall refer to CANET and any member of his law firm.
J. When used herein, the terms "Communicate," "Communicated," "Communications" or "Communications" refer to all conversations, messages, Writings, correspondence, or contacts between any Persons (with the exception of Your attorneys), whether in person, in Writing, electronically, by telephone, or by any other means.
K. When used herein, the term "Person" its plural or any synonym thereof, is intended to and shall embrace and include any individual, partnership, corporation, trust, estate, company, association, government agency (federal, state, local or foreign), or any other entity.
L. When used herein, the terms "Relate," "Related To" or "Relating To" mean constituting, comprising, consisting, containing, setting forth, showing, disclosing, describing, explaining, mentioning, evidencing, reflecting, embodying, summarizing, concerning, or referring to, directly or indirectly.
M. When used herein, the terms "Document" and "Writing," and the plural forms
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thereof, shall mean all written, typewritten, printed, recorded, or graphic matters, however produced or reproduced, of every kind and description, including Electronically-Stored Information pertaining in any way to the subject matter of this action and within the meaning of Rule 34 of the Federal Rules of Civil Procedure. The terms "Document" and "Writing" shall include, but are not limited to, any emails, books, pamphlets, periodicals, memoranda, letters, correspondence, telegrams, applications, leases, memoranda of understanding, agreements, contracts, permits, articles, bylaws, financial records, security instruments, checks, bank statements, receipts, invoices, bids, proposals, offers, counteroffers, time records, accounting records, minutes, records of meetings, reports, notes, diaries, logs, tapes, transcripts, recordings, records of phone calls, work papers, charts, drawings, photographs, or any other written, recorded or graphic matter, however produced or reproduced, including all non-identical copies containing notations not contained on the original thereof, and including all disks, diskettes, flash drives, thumb drives, portable drives, compact disks, tapes or other recordings used in data and/or word processing, together with the programming instructions and other materials necessary to understand such media, capable of being retrieved from a computer, in Your possession, custody or control. Documents shall also include original or non-identical copies of such items, in both final and draft form, of every kind and nature whatsoever, that are within Your possession, custody or control, or that are known by You to exist. Writing shall also include handwriting, typewriting, printing, photo stating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
N. As used in these Requests, the term "Electronically-Stored Information" refers to all information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software.
II. GUIDELINES
A. Whenever the phrase "State in Detail" or "Describe in Detail" is used in these
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Interrogatories, You are required to set forth every fact, consideration, factor, circumstance, act, omission, event, transaction, occurrence, or statement which supports, refutes, concerns, relates to, or refers to the matter about which information is sought.
B. Whenever the term "Identify" or "Identification" is used in these Interrogatories with respect to an individual person, You are required to state: the full name of each such person; his or her last known residential address; his or her last known business address; and his or her present or last known job title, job description, and the dates during which the job position was held. Once a person has been identified in an answer to an interrogatory, it shall be sufficient thereafter when identifying that person merely to state his or her name.
C. Whenever the term "Identify" or "Identification" is used in these Interrogatories with respect to any corporation, limited liability company, partnership, or business entity, You are required to state: its present or last known full name; all of its previous registered and/or operating business names, if any; its present or last known business address; and the nature of its business. Once a corporation, limited liability, partnership, or business entity has been identified in an answer to an interrogatory, it shall be sufficient thereafter when identifying such entity merely to state its name.
D. Whenever the terms "Identify," "Identity" or "Identification" are used in these Interrogatories with respect to a Document or Documents, You are required to:
(1) Describe the type of Document, e.g., letter, memorandum, report, diary, chart, etc.;
(2) Provide the date, if any, of the Document;
(3) Identify the author(s) of the Document;
(4) Identify each addressee appearing on the Document;
(5) Identify each recipient of the Document or any copies of the Document; Describe the contents of the Document;
(6) Describe the present location of the Document; and
(7) Identify the Person(s) having possession, control, or custody of the Document. If any such Document was, but is no longer in Your possession, custody or control,
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(8) state what disposition was made of it; and if such Document was destroyed, or alleged to have been destroyed, state the date of and reason for its destruction, the Identity of each person having knowledge of its destruction, and each person responsible for its destruction. For each interrogatory that requests the identification of Document(s), You may produce for inspection and copying, true and correct copies of the Document(s) as kept in the usual course of business, organized and labeled to correspond with the categories in this request, all in accordance with Rule 33(c) of the Federal Rules of Civil Procedure, and such production of copies will be accepted as complying with such request.
E. Whenever the terms "Identify," "Identity," or "Identification" is used in these Interrogatories with respect to an oral communication, You are required to:
(1) State the date and place of such communication;
(2) Identify the Person(s) who initiated said communication;
(3) Identify each Person who participated in or was present at any part of or all of said communication, or who became privy to the substance of said communication;
(4) Describe in Detail the purpose, content and substance of said communication; and
(5) State whether said communication occurred in person or by telephone, or if both, the method by which each individual participated.
F. Should You deem any information requested by any of the following Interrogatories to be privileged, You shall specify that a claim of privilege is being made, briefly state the grounds on which the claim of privilege rests, and Identify who is making the claim of privilege.
G. All Documents and Writings are to be produced which are in Your possession, custody or control, or can be ascertained upon reasonable investigation within Your control, The knowledge of Your attorneys is deemed to be Your knowledge, so that, apart from privileged matters, if Your attorneys have knowledge of Documents or Writings sought to be elicited herein, said Documents and Writings must be incorporated into Your answers, even if such information is unknown to You.
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H. If You do not know or have the information requested in any or all of the following discovery, please be prepared to identify the Person who, to the best of Your knowledge, would know or have the answer or information requested.
III. INTERROGATORIES
INTERROGATORY NO. 1:
Identify and Describe in Detail all Documents, Writings, and Communications between You and ZANDIAN Relating To this adversary proceeding, the subject matter of this adversary proceeding, and/or the FRENCH ACTION.
INTERROGATORY NO. 2:
Identify and Describe in Detail all Documents, Writings, and Communications between You and SADRI Relating To this adversary proceeding, the subject matter of this adversary proceeding, and/or the FRENCH ACTION.
INTERROGATORY NO. 3:
Identify and Describe in Detail all Documents, Writings, and Communications between You and RAY KOROGHLI Relating To this adversary proceeding, the subject matter of this adversary proceeding, and/or the FRENCH ACTION.
INTERROGATORY NO. 4:
Identify and Describe in Detail all Documents, Writings, and Communications between You and SATHSOWI T. KOROGHLI Relating To this adversary proceeding, the subject matter of this adversary proceeding, and/or the FRENCH ACTION.
INTERROGATORY NO. 5:
Identify and Describe in Detail all Documents, Writings, and Communications between You and KMT Relating To this adversary proceeding, the subject matter of this adversary proceeding, and/or the FRENCH ACTION.
INTERROGATORY NO. 6:
Identify and Describe in Detail any and all contracts or agreements You have with any Person(s) Relating To the FRENCH ACTION, Your Chapter 15 Petition, Your Counterclaim, and/or Your Cross-Claim.
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INTERROGATORY NO. 7:
Identify and Describe in Detail any and all contracts or agreements You have with ZANDIAN Relating To the FRENCH ACTION, Your Chapter 15 Petition, Your Counterclaim, and/or Your Cross-Claim.
INTERROGATORY NO. 8:
Identify and Describe in Detail any and all contracts or agreements You have with SADRI Relating To the FRENCH ACTION, Your Chapter 15 Petition, Your Counterclaim, and/or Your Cross-Claim.
INTERROGATORY NO. 9:
Identify and Describe in Detail any and all contracts or agreements You have with RAY KOROGHLI Relating To the FRENCH ACTION, Your Chapter 15 Petition, Your Counterclaim, and/or Your Cross-Claim.
INTERROGATORY NO. 10:
Identify and Describe in Detail any and all contracts or agreements You have with SATHSOWI T. KOROGHLI Relating To the FRENCH ACTION, Your Chapter 15 Petition, Your Counterclaim, and/or Your Cross-Claim.
INTERROGATORY NO. 11:
Identify and Describe in Detail any and all contracts or agreements You have with KNIT Relating To the FRENCH ACTION, Your Chapter 15 Petition, Your Counterclaim, and/or Your Cross-Claim.
INTERROGATORY NO. 12:
Identify and Describe in Detail all actions You have taken anywhere in the world to collect the judgment against ZANDIAN that resulted from the FRENCH ACTION.
INTERROGATORY NO. 13:
Identify and Describe in Detail all Documents, Writings, and Communications that You received from, or sent to, Bank Melli in the FRENCH ACTION.
INTERROGATORY NO. 14:
Identify and Describe in Detail why You waited approximately 18 years after You
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obtained Your Judgment against ZANDIAN in the FRENCH ACTION to attempt to satisfy Your Judgment against ZANDIAN in Nevada.
INTERROGATORY NO. 15:
Identify and Describe in Detail any and all agreements and contracts You have with ZANDIAN relating to the recovery or acquisition of any real property that is the subject of this adversary proceeding.
INTERROGATORY NO. 16:
Identify and Describe in Detail all facts and non-privileged Documents, Writings, and Communications that support Your FIRST CROSS CLAIM.
INTERROGATORY NO. 17:
Identify and Describe in Detail all facts and non-privileged Documents, Writings, and Communications that support paragraph 67 of Your FIRST CROSS CLAIM.
INTERROGATORY NO. 18:
Identify and Describe in Detail all facts and non-privileged Documents, Writings, and Communications that support paragraph 68 of Your FIRST CROSS CLAIM.
INTERROGATORY NO. 19:
Identify and Describe in Detail all facts and non-privileged Documents, Writings, and Communications that support paragraph 69 of Your FIRST CROSS CLAIM.
INTERROGATORY NO. 20:
Identify and Describe in Detail all facts and non-privileged Documents, Writings, and Communications that support Your SECOND CROSS CLAIM.
INTERROGATORY NO. 21:
Identify and Describe in Detail all facts and non-privileged Documents, Writings, and
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Communications that support paragraph 71 of Your FIRST CROSS CLAIM.
DATED: This 19th day of January, 2018.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
__________________
Matthew D. Francis
Arthur A. Zorio
5371 Kietzke Lane
Reno, NV 89511
Telephone: 775-324-4100
Attorneys for JED MARGOLIN
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CERTIFICATE OF SERVICE
Pursuant to Fed. R. Civ. P. 5(b), I certify that I am an employee of BROWNSTEIN HYATT FARBER SCHRECK, LLP, and on this 19th day of January, 2018, I served the document entitled DEFENDANT JED MARGOLIN'S FIRST SET OF INTERROGATORIES TO PATRICK CANET on the parties listed below via the following:
[X] VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada, addressed as follows:
Dana Jonathon Nitz, Esq.
Yanxiong Li, Esq.
Wright, Finlay & Zak, LLP
7785 W. Sahara Avenue., Suite 200
Las Vegas, NV 89117
yli@wrightlegal.net
Jeffrey L. Harman, Esq.
HARMAN & HARTMAN
510 West Plumb Lane, Suite B
Reno, NV 89509
notices@)bankruptcyreno.com
[ ] BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. A receipt of copy signed and dated by such an individual confirming delivery of the document will be maintained with the document and is attached.
[ ] VIA COURIER: by delivering a copy of the document to a courier service for over-night delivery to the foregoing parties.
[ ] VIA ELECTRONIC SERVICE: by electronically filing the document with the Clerk of the Court using the ECF system which served the following parties electronically:
[Nancy Lindsley]
Employee of Brownstein Hyatt Farber Schreck LLP
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