Sheehan & Associates, P.C.: Via ECF and First-Class Mail

Case 2:14-cv-01640-LDW-ARL Document 46 Filed 03/11/15 Page 1 of 3 PageID #: 859
Sheehan & Associates, P.C.
Attorneys at Law
10 Middle Neck Road, Ste. 200, Great Neck, NY 11021

Tel: (347) 635-4160/Fax: (516) 234-7800
spencer@spencersheehan.com
March 11, 2015
Via ECF and First-Class Mail

Honorable Arlene R. Lindsay
United States District Court Judge
Eastern District of New York
100 Federal Plaza
Central Islip, NY 11722
Re:
Dear Judge Lindsay:
BSI Mortgage IV, LLC v. Kaushik et al.

Docket No. 14-cv-01640 (LDW)(ARL)
This firm is counsel to defendant Vekrum Kaushik in the above-entitled action. This
response is in opposition to the letter-motion filed by counsel for movant Elon Lebouvich a/k/a
Allen Lebo (Lebo or movant) seeking to quash the properly noticed subpoena duces tecum
(subpoena) upon Lebo. Dckt. No. 38.
Counsel for Lebo has made demands that this Court quash the subpoena served by
defendant on Sprint Corporate Security for the cellular telephone number of (516) 216-3398, a
number used or controlled by Lebo. Mr. Weinreb has either not properly conferred or merely
desires to increase the workload of this Court. Had Mr. Weinreb spoken with Lebo, he would have
been informed that this [Lebos] number was serviced by T-Mobile during the requested time
period. Exhibit A, Letter from Sprint Corporate Security to Sheehan & Associates, P.C., March
2, 2015.
Nevertheless, I understand the need to vigorously represent the interest of your client, even
when those interests are non-existent, such as Lebos cellular phone records maintained by Sprint
Corporate Security.
Mr. Weinreb interestingly cites to ADL, LLC v. Tirakian, No. CV2006-5076(SJF)(MDG,
2007 WL 1834517, at *2 (E.D.N.Y. June 26, 2007) for the proposition that a party has standing to
challenge a non-party subpoena where the party has a sufficient privacy interest in the confidentiality
of the records sought . . . I find that the Auditors have a sufficient privacy interest in the
confidentiality of the documents discussed above to have standing to challenge the subpoenas.
At bar, Lebo is not a party to this action. Nor, according to plaintiff, is Lebo a member of
1
plaintiff. In defendants interrogatories to plaintiff (first set), served on plaintiff on October 8, 2014,
Interrogatory No. 20 states: Set forth the relationship between BSI Mortgage IV LLC and Elon
Lebouvich a/k/a Elon Lebovitch a/k/a Allen Lebo. Exhibit B, Defendants Interrogatories to
Plaintiff (First Set). Plaintiff answered that Elon Lebovich is a broker trying to assist BSI. Exhibit
C, Plaintiffs Response to Defendants First Set of Interrogatories, December 1, 2014.
In ADL, LLC v. Tirakian, the Court decided that given the relevance of employment and
personnel files to the underlying claims of plaintiff based on negligent misrepresentation and fraud,
the Auditors (defendants). In the present situation, phone records for the time indicated are relevant
to defendants claims that plaintiff is not disclosing those persons (members) who possess a
beneficial interest in the outcome of this litigation.
The Supreme Court stated that an interest in an LLC is the sort of instrument that requires
case-by-case analysis; into the economic realities of the underlying transaction. Reves v. Ernst &
Young, 494 U.S. 56, 62, 110 S.Ct. 945, 108 L.Ed.2d 47 (1990) (In discharging our duty, we are
not bound by legal formalisms, but instead take account of the economics of the transaction under
investigation.).
Assuming arguendo that Sprint maintained records of Lebos cellular telephone records, the
actual production requests were highly limited in scope. First, only one (1) telephone number
associated with Lebo was listed in the subpoena. Second, only one (1) date of phone records for the
number associated with Lebo was listed in the subpoena. Finally, the subpoena only requested call
records for Lebos number between 1:00 PM and 7:30 PM, Eastern Standard Time (EST). Dckt.
No. 38-1, Attachment II, Production Requests 1-5.
As is likely evident from the arguments and facts placed before this Court in defendants
opposition to the motion to quash a subpoena and subpoena duces tecum served upon Yonel Devico,
this case comes down to who is/was in control of plaintiff.
On June 9, 2014, your undersigned and defendant Kaushik held a meeting with Lebo and
Mr. Weinreb in New York, NY. The goal of this meeting was to reach a settlement between
plaintiff and defendant. This meeting took place in the afternoon, from approximately 3:30 PM to
5:30 PM.
The records sought in this subpoena from Mr. Lebo, the broker directly assisting plaintiff,
would indicate just who in fact he called when transmitting settlement offers conveyed in good faith
by defendant Kaushik. Did Mr. Lebo call the Managing Member in Florida? Did Mr. Lebo call
Marbella, Spain, Monaco or the Kingdom of Morocco, places where Simy Devico, the second
named member of plaintiff resides? These records, while they would not, in themselves, be
dispositive, they would identify the person who was instructing, paying or otherwise maneuvering
him from behind the scenes against defendant.
A partys right to obtain material pursuant to a Rule 45 subpoena to a third party is as broad
as otherwise permitted under the discovery rules. See e.g. Charles Wright & Alan Miller, Federal
Practice and Procedure 2452 (3d. ed. 2008). Relevance within the meaning of Rule 26(b)(1) is
considerably broader than relevance for trial purposes. See Oppenheimer Fund v. Sanders, 437 U.S.
340, 351 (1978) (citation omitted). Relevant information need not be admissible at the trial if the
discovery appears reasonably calculated to lead to the discovery of admissible evidence. Rule
26(b)(1); see also Oppenheimer Fund, 437 U.S. at 351.
Lebos counsel has no argument as to the subpoena request being overbroad, as the duration
of the request was for six and one-half (6.5) hours. Considering a central element of this case is to
determine the real parties in interest to this action, the limited and direct subpoena is neither
burdensome or encumbers any privacy interest Lebo may have in keeping the Court from learning
who in fact he was transmitting defendants offers to at that specific time on that one specific date.
Finally, Mr. Weinreb cites to Corbett v. eHome Credit Corp. for the proposition that when
assessing whether or not discovery is overbroad or unduly burdensome, the Court should look at the
burden placed on non-parties. No. 10-CV-26 (JG)(RLM), 2010 WL 3023870, at *2-3 (E.D.N.Y.
Aug. 2, 2010). Continuing, as cited by Lebos counsel, Corbett states that a subpoena that pursues
material with little apparent or likely relevance to the subject matter . . . is likely to be quashed as
unreasonable even where the burden of compliance would not be onerous. Therefore, even if the
within subpoena is not burdensome, Mr. Weinreb states it should be quashed because it pursues
material with little apparent or likely relevance to the subject matter.
For the factual considerations provided and the relevancy of the information requested to
enable defendant to adequately litigate this action, it is respectfully requested that the within motion
on behalf of Lebo seeking to quash the subpoena duces tecum of his non-existent Sprint phone
records be denied.
Respectfully submitted,
/s/ Spencer Sheehan
Spencer Sheehan
Attachments/Exhibits (3)
cc:
Counsel of Record (first-class mail and CM-ECF)
Case 2:14-cv-01640-LDW-ARL Document 46-1 Filed 03/11/15 Page 1 of 2 PageID #: 862
EXHIBIT A
EXHIBIT B
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------------X 14 CV 01640 (LDW) (ARL)
BSI MORTGAGE IV LLC,
Plaintiff
-againstVEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR CITIBANK,
N.A., CITIBANK, N.A. AND JOHN DOE
1 through 12, said persons or parties having or
claimed to have a right, title or interest in the
Mortgaged premises herein, their respective names
are presently unknown to the Plaintiff,
DEFENDANT VEKRUM
KAUSHIKS
INTERROGATORIES TO
PLAINTIFF (FIRST SET)
Defendants.
-------------------------------------------------------------------X
PROPOUNDING PARTY: Defendant Vekrum Kaushik
RESPONDING PARTY:
Plaintiff BSI Mortgage IV LLC
DEFENDANT VEKRUM KAUSHIKS

FIRST SET OF INTERROGATORIES TO PLAINTIFF
Defendant Vekrum Kaushik s/h/a Vekram Kaushik (Vekrum Kaushik or defendant
Vekrum Kaushik) by their attorneys, Sheehan & Associates, P.C., hereby requests, pursuant to
Rules 26 and 33 of the Federal Rules of Civil Procedure, Rule 33.3 of the Local Civil Rules of
the United States District Court for the Eastern District of New York and the Scheduling Order
of the Hon. Magistrate Judge Lindsay of August 5, 2014, that Plaintiff BSI Mortgage IV LLC
(BSI or plaintiff), must serve an answer to each interrogatory, separately and fully, in
writing and under oath, within thirty (30) days of the date of service hereof, upon Sheehan &
Associates, P.C., 10 Middle Neck Road, Suite 200, Great Neck, NY 11021.
DEFINITIONS
1.
The terms BSI, you, your, or Plaintiff means Plaintiff BSI Mortgage
IV LLC, its past and present members, past and present officers, past and present directors,
past and present employees, past and present partners, past and present corporate parent, past
and present subsidiaries or past and present affiliates and any and all past and present persons
acting for, on behalf of or in concert with BSI Mortgage IV LLC.
2.
The term plaintiff or defendant, as well as a partys full or abbreviated
name or a pronoun referring to a party, means the party and, where applicable, (his/her/its)
members, agents, representatives, officers, directors, employees, partners, corporate parent,
subsidiaries, or affiliates.
3.
The word person(s) includes not only natural persons, but also firms,
limited liability companies, professional limited liability companies, partnerships,

associations,
corporations,
subsidiaries,
divisions,
departments,
joint
ventures,
proprietorships, syndicates, trusts, groups, and organizations.

4.
As used herein, any reference to any person includes the present and former
officers, members, executives, partners, directors, trustees, employees, attorneys, agents,

representatives, and all other persons acting or purporting to act on behalf of the person and
also its subsidiaries, affiliates, divisions, and predecessors and successors in interest.
5.
The singular of each word shall be construed to include its plural and vice
versa, and the root word and all derivations (i.e., ing, ed, etc.) shall be construed to
include each other.
6.
The following rules of construction apply to these discovery requests:

i.
ii.
All/Each. The terms "all" and "each" shall be construed as all

and each.
Any. The word any shall be construed in either its most or its
least inclusive sense as necessary to bring within the scope of the
iii.
iv.
v.
vi.
7.
discovery request all reasons that might otherwise be construed to

be outside of its scope.
And/Or. The connectives "and" and "or" shall be construed either
disjunctively or conjunctively as necessary to bring within the
scope of the discovery request all responses that might otherwise be
construed to be outside of its scope.
Number. The use of the singular form of any word includes the
plural and vice versa.
Gender. The masculine shall be construed to include the feminine
and vice versa.
Tense. The present tense shall be construed to include the past
tense and vice versa.
The words knowledge, information, possession, custody, and
control of a person shall be construed to include such persons agents, representatives, and
attorneys.
8.
The word including shall have its ordinary meaning and shall mean
including but not limited to and shall not indicate limitation to the examples or items
mentioned.
9.
The phrase reflect, refer, or relate to means reflecting, referring to,
relating to, regarding, describing, evidencing, discussing, concerning, mentioning, pertaining

to, alluding to, or associated with or constituting, directly or indirectly.
10.
The words to present mean to the date on which you respond to these
interrogatories and requests.

11.
The word document(s) includes all writings, recordings, and
photographs, as those terms are defined in Rule 1001 of the Federal Rules of Evidence,
and should be construed in the broadest sense permissible. Accordingly, document(s)
includes, but is not limited to, all written, printed, recorded or graphic matter, photographic
matter, sound reproductions, or other retrievable data (whether recorded, taped, or coded
electrostatically, electromagnetically, optically or otherwise on hard drive, diskette, compact

disk, primary or backup tape, audio tape or video tape) from whatever source derived and
however and by whomever prepared, produced, reproduced, disseminated or made. Without
limiting the generality of the foregoing, document(s) includes the original and any nonidentical copy and also every draft and proposed draft of all correspondence, internal
memoranda, notes of meetings, telegrams, telexes, facsimiles, electronic mail, reports,
transcripts or notes of telephone conversations, diaries, notebooks, minutes, notes, tests,
reports, analyses, studies, testimony, speeches, worksheets, maps, charts, diagrams,
computer printouts, and any other writings or documentary materials of any nature
whatsoever, whether or not divulged to other parties, together with any attachments thereto
and enclosures therewith. In addition, the word Document(s) encompasses all forms and
manifestations of electronically or optically coded, stored, and/or retrievable information,
including but not limited to email, voice mail, digital images and graphics, digital or
analog audiotapes and files, and digital or analog videotapes and files.
12.
The term "identify", with respect to a person, means to give, to the extent
known, the:
i.
ii.
iii.
iv.
The persons present full name, including:

a.
Middle name;
b.
Married name (family name or surname) adopted by a
person upon marriage;
c.
Birth, or maiden name;
d.
Name by which the person is commonly known to the
general public;
e.
Name by which the person is commonly known to the
social media (define);
f.
All relevant spellings in English and any other language
used by the person.
Present or last known address;
Telephone number, including, if applicable, country code;
When referring to a natural person, present or last known place
of employment;
Once a person has been identified in compliance with this paragraph, only the
name of that person needs to be listed in response to later discovery requesting the
identification of that person.
13.
The term "identify", with respect to documents, means to give, to the extent
known, the:
i.
ii.
iii.
iv.
v.
vi.
vii.
14.
Type of document;
General subject matter of the document;
Date of the document;
Author(s), addressee(s), and recipient(s) of the document;
The location of the document;
The identity of the person who has custody of the document;
Whether the document has been destroyed, and if so,
a.
The date of its destruction;
b.
The reason for its destruction; and
c.
The identity of the person who destroyed it or caused it
to be destroyed.
The term immediate family shall include:

i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Spouse;
Natural and adoptive parents;
Children and siblings;
Half siblings (a person with whom the subject shares only one
biological parent);
Stepparents, stepchildren and stepsiblings;
In-laws:
a.
Fathers-in-law;
b.
Mothers-in-law;
c.
Brothers-in-law;
d.
Sisters-in-law;
e.
Sons-in-law; and
f.
Daughters-in-law;
Grandparents;
Grandchildren.
INSTRUCTIONS
1.
These requests for interrogatories are directed toward all information known
or available to Plaintiff BSI Mortgage IV LLC not its attorney, Mr. Alan Weinreb, The
Margolin & Weinreb Law Group, LLP 165 Eileen Way, Ste. 101, Syosset, NY 11791
including information contained in the records and documents in BSI Mortgage IV LLCs
custody or control or available to BSI Mortgage IV LLC upon reasonable inquiry.
2.
All information requested herein is to be set forth if it is in the possession or
control of, or is available or accessible to plaintiff or any of its agents, consultants, counsel,
investigators, representatives or any other person or persons acting for it or on its behalf.
3.
Each request for interrogatory is to be deemed a continuing one. Defendant
Vekrum Kaushik hereby requests, pursuant to Federal Rule of Civil Procedure 26(e), that
after responding to these interrogatories, plaintiff supplement and/or correct any responses
later learned to be incomplete or incorrect immediately upon learning that a prior response
was incomplete or incorrect.
4.
If plaintiff cannot respond to any of the following interrogatories in full after
exercising due diligence to secure the information to do so, then respond to the extent
possible and explain its inability to provide a complete answer. State whatever information
or knowledge plaintiff has about the unanswered portion of any interrogatory.
5.
If any information called for by an interrogatory is withheld on the basis of a
claim of privilege set forth the nature of the claimed privilege and the nature of the
information with respect to which it is claimed.
6.
Whenever an interrogatory requests the identification of a document, the
answer shall state the name, address, position, and organization of the author and each
recipient of the document, the custodian of the document, the date of the document, and a
brief description of the subject matter of the document.
7.
Whenever an interrogatory requests the identity of a person, state his or her
full name, present or last known address, telephone number, and position of employment at
the time in question.
8.
Whenever an interrogatory requests the identity of an entity, state its name,
address, telephone number, and the type of business in which the entity engages.
9.
Whenever an interrogatory seeks a description of an act, transaction,
occurrence, dealing or instance, state the date when it occurred, the place where it occurred,
the identity of each person participating therein, the person on whose behalf each such person
participated or purported to participate, the nature and substance of all communications
occurring during, or in connection with the act, transaction, occurrence, dealing or instance,
and identity all documents referring thereto or reflecting the act, transaction, occurrence,
dealing or instance.
10.
With respect to information or documents as to which you may claim
privilege, attorneys work product or trial preparation materials, you are requested to identify
each such document, in writing, on or before the date of the production set forth herein,
together with the following information: the nature, date, subject matter and author of the
document, as well as the identity of all persons to whom the document was directed,
addressed or received, and the paragraphs of the discovery requests to which the document
corresponds. For each such document, you are further required to state the basis for your
claim of privilege, attorneys work product, or trial preparation materials.
11.
Whenever an interrogatory asks for a date, state the exact day, month and
year, if ascertainable or, if not, the best approximation thereof.

12.
For each interrogatory or part of an interrogatory that you refuse to answer
on grounds of burdensomeness, explain in as much detail as possible the basis for your
contention.
13.
As to every request for interrogatory which a member of BSI Mortgage IV
LLC or BSI Mortgage IV LLC fails to answer in whole or in part, the subject matter of that
request will be deemed confessed and stipulated as fact to the Court.
14.
Kindly attach additional sheets as required identifying the Interrogatory being
answered.
You have a continuing obligation to update the information in these
Interrogatories as you acquire new information. If no such update is provided in a reasonable

period of time that you acquired such information, it may be excluded at trial or hearing.
INTERROGATORIES
Interrogatory No. 1:
Please identify each person who answers these interrogatories and each person
(attach pages if necessary) who assisted, including attorneys, accountants, employees of third
party entities, or any other person consulted, however briefly, on the content of any answer to
these interrogatories.
Answer No. 1:
For each of the above persons please state whether they have personal knowledge
regarding the formation, creation and/or filing registration of BSI Mortgage IV LLC in the
State of Delaware.
Answer No. 2:
Other than those individuals otherwise mentioned herein, name any other person that
was involved with and/or has personal knowledge regarding the formation, creation and/or
filing registration of BSI Mortgage IV LLC in the State of Delaware.
Answer No. 3:
Identify any past and present member, past and present manager, past and present
managing member, past and present managing director, past and present chief executive
officer, past and present officer, past and present president, past and present partner, past and
present authorized agent, past and present investor or past and present fiduciary that have
been in communication with FCI Lender Services, Inc. and the dates of communication.
Answer No. 4:
Please identify any person(s) who had any contact with any third party regarding the
securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral,
written or otherwise, concerning the transfer, assignment, purchase or assumption of the
subject loan by BSI Mortgage IV LLC.
Answer No. 5:
Please identify any person(s) known or believed by anyone at BSI Mortgage IV LLC
who had received physical possession of the note and allonges, the mortgage, or any document
(including but not limited to assignment, endorsement, allonges, Pooling and Servicing
Agreement, Assignment and Assumption Agreement, Trust Agreement, letters or email or
faxes of transmittals including attachments) that refers to or incorporates terms regarding the
securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral,
written or otherwise, that would affect the funding, or the receipt of money from a third party
in a transaction, and whether such money was allocated to principal, interest or other
obligation related to the subject loan.
Answer No. 6:
Set forth the relationship between BSI Mortgage IV LLC and Rodie Bensimon a/k/a
Rodie Simon Bensimon a/k/a Rodie Ben Simon a/k/a Simon Charles Ben a/k/a Rodie Ben
Bensimon.
Answer No. 7:
Please identify custodian(s) of the records that would show all entries regarding the
flow of funds concerning the transfer, assignment, purchase or assumption of the subject loan
to BSI Mortgage IV LLC subject loan transaction prior to and after closing of the loan. (Flow
of funds, means any record of money received, any record of money paid out and any
bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan
transaction at your company or any affiliate including but not limited to whether the subject
transaction was ever entered into any category on the balance sheet at any time or times,
whether any reserve for default was ever entered on the balance sheet, and whether any entry,
report or calculation was made regarding the effect of this loan transaction on the capital
reserve requirements of your company or any affiliate.)
Answer No. 8:
Please state whether BSI Mortgage IV LLC or any past and present member, past and
present fiduciary, past and present active or passive investor, past and present manager, past
and present managing member, past and present managing director, past and present chief
executive officer, past and present officer, past and present president, past and present partner,
past and present authorized agent, past and present employees, past and present independent
contractors, or other past or present agents, past or present servants of BSI Mortgage IV LLC
or any immediate family member thereof had (i) any direct contact with defendant Vekrum
Kaushik (notwithstanding the within action) at any time since the inception of BSI Mortgage
IV LLC (ii) any previous relationship with defendant Vekrum Kaushik. If yes, please provide
the date, method and natural person that communicated with defendant Vekrum Kaushik.
Answer No. 9:
Set forth the dates for which BSI Mortgage IV LLC operated at its usual place of
business at 2500 East Hallandale Beach Blvd., PH 10, Hallandale Beach, FL 33009.
Answer No. 10:
Set forth the approximate percentage of business activity of BSI Mortgage IV
LLC which is conducted in (i) Florida, (ii) New York, (iii) California, (iv) Delaware and (v)
all other States of the United States and foreign countries.
Answer No. 11:
Set forth whether any past and present member, past and present fiduciary, past and
present active or passive investor, past and present manager, past and present managing
member, past and present managing director, past and present chief executive officer, past
and present officer, past and present president, past and present partner and past and present
authorized agent of BSI Mortgage IV LLC or any immediate family member thereof,
presently and/or previously possesses/possessed keys or other lawful implements of entry to
the dwelling and/or other structures located at 65 Hildreth Avenue, Bridgehampton, NY
11932. If yes, when and how did they come into possession of said keys or other lawful
implements of entry (i.e., modification of door locks and/or deadbolts)?
Answer No. 12:
Please set forth whether past or present members of BSI Mortgage IV LLC as
identified by plaintiff or BSI Mortgage IV LLC have been a party to a foreclosure action
within any State of the United States.
Answer No. 13:
Set forth the full and complete name (including but not limited to middle, maiden
and married names) and alternative spelling thereof for the two listed members of BSI
Mortgage IV LLC as identified by plaintiff in the filing with this honourable Court of August
13, 2014.
Answer No. 14:
Please state the name, address and phone number of each past and present member,
past and present fiduciary, past and present active or passive investor, past and present
manager, past and present managing member, past and present managing director, past and
present chief executive officer, past and present officer, past and present president, past and
present partner and past and present authorized agent of BSI Mortgage IV LLC and identify
all documents that illustrate the date each individual named herein entered into such capacity
with BSI Mortgage IV LLC.
Answer No. 16:
Other than persons identified above, identify any and all persons who have or had
personal knowledge of the subject loan transaction, underwriting of the subject loan
transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan
transaction, or the decision to enforce the note or mortgage in the subject loan transaction.
Answer No. 17:
Please identify any person(s) in custody of any document which refers to any
instruction or authority to enforce the note or mortgage in the subject loan transaction.
Answer No. 18:
Did any investor/certificate holder approve or authorize foreclosure proceedings on
the subject property? If yes, set forth the name address and telephone number of such
individual.
Answer No. 19:
Set forth the relationship between BSI Mortgage IV LLC and Elon Lebouvich a/k/a
Elon Lebovitch a/k/a Allen Lebo.
Answer No. 20:

Set forth the relationship between BSI Mortgage IV LLC and Eli Rouimi a/k/a
Eliyahou Rouimi and any entities which said person owns/operates/controls/is a stakeholder.
Answer No. 21:
Please identify the person(s) or entities that are entitled, directly or indirectly to the
stream of revenue from the foreclosure sale of the subject loan or subject premises.
Answer No. 22:
Please identify any past and present member, past and present fiduciary, past and
present active or passive investor, past and present manager, past and present managing
member, past and present managing director, past and present chief executive officer, past
and present officer, past and present president, past and present partner, past and present
authorized agent, past and present employees, past and present independent contractors, or
other past or present agents, and past or present servants of BSI Mortgage IV LLC or any
immediate family member thereof who might possess or claim rights under the subject loan
or mortgage and/or note.
Answer No. 23:
Please set forth the exact address of every office location utilized by BSI Mortgage
IV LLC in the United States and abroad within the past five (5) years.
Answer No. 24:
Set forth the time spent by past or present members of BSI Mortgage IV LLC at
its usual place of business at 2500 East Hallandale Beach Blvd., PH 10, Hallandale Beach,
FL 33009.
Dated:
Great Neck, New York

October 8, 2014
By:
TO:
_____________________________
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
Attorneys for Defendant Vekrum Kaushik
10 Middle Neck Road
Suite 200
Great Neck, NY 11021
Tel: (347) 635-4160
Fax: (516) 234-7800
Alan Weinreb, Esq.

THE MARGOLIN &
WEINREB LAW GROUP, LLP
Attorneys for Plaintiff BSI Mortgage IV LLC
165 Eileen Way
Suite 101
Syosset, NY 11791
INDEX NO. 14 CV 01640 (LDW) (ARL)

BSI MORTGAGE IV LLC,
PLAINTIFF,
- AGAINST VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CITIBANK, N.A.,
CITIBANK, N.A. AND JOHN DOE 1 through 12, said persons or parties having
or claimed to have a right, title or interest in the Mortgaged premises herein, their
respective names are presently unknown to the Plaintiff,
DEFENDANTS.
DEFENDANT VEKRUM KAUSHIKS

INTERROGATORIES TO PLAINTIFF (FIRST SET)
Sheehan & Associates, P.C.
$WWRUQH\V IRU 3ODLQWLII
10 Middle Neck Road

Suite 200
Great Neck, NY 11021
Tel: (347) 635-4160
Fax: (516) 234-7800
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of
New York State, certifies that, upon information, and belief, formed after an inquiry reasonable
under the circumstances, the contentions contained in the annexed documents are not frivolous.
Dated: Nassau, New York
October 8, 2014
___________________________
SPENCER SHEEHAN, ESQ.
EXHIBIT C

-------------------------------------------------------------------X 14 CV 01640 (LDW) (ARL)
BSI MORTGAGE IV, LLC,
Plaintiff,
-against-
CERTIFICATE OF SERVICE
VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK

Defendants.
-------------------------------------------------------------------X
I hereby certify that, on this 11th day of March, 2015, a true and correct copy of the
foregoing opposition to movant Elon Lebouvich a/k/a Allen Lebos motion to quash the
subpoena duces tecum on Elon Lebouvich a/k/a Allen Lebo, was served upon the following
counsel of record for plaintiff and Elon Lebouvich a/k/a Allen Lebo through the Courts
CM/ECF system and via first-class mail:
Alan Weinreb, Esq.

THE MARGOLIN & WEINREB
LAW GROUP, LLP
165 Eileen Way, Ste. 101
Syosset, NY 11791
/s/ Spencer Sheehan

Spencer Sheehan

-------------------------------------------------------------------X 14 CV 01640 (LDW) (ARL)
BSI MORTGAGE IV, LLC,
Plaintiff,
-against-
CERTIFICATE OF SERVICE
VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK

Defendants.
-------------------------------------------------------------------X
I hereby certify that, on this 11th day of March, 2015, a true and correct copy of the
foregoing opposition to movant Elon Lebouvich a/k/a Allen Lebos motion to quash the
subpoena duces tecum on Elon Lebouvich a/k/a Allen Lebo, was served upon the following
counsel of record for plaintiff and Elon Lebouvich a/k/a Allen Lebo through the Courts
CM/ECF system and via first-class mail:
Alan Weinreb, Esq.

THE MARGOLIN & WEINREB
LAW GROUP, LLP
165 Eileen Way, Ste. 101
Syosset, NY 11791
/s/ Spencer Sheehan

Spencer Sheehan

Sheehan & Associates, P.C.: Via ECF and First-Class Mail

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Case 2:14-cv-01640-LDW-ARL Document 46 Filed 03/11/15 Page 1 of 3 PageID #: 859

Sheehan & Associates, P.C.

10 Middle Neck Road, Ste. 200, Great Neck, NY 11021

Via ECF and First-Class Mail

Dear Judge Lindsay:

BSI Mortgage IV, LLC v. Kaushik et al.

Case 2:14-cv-01640-LDW-ARL Document 46 Filed 03/11/15 Page 2 of 3 PageID #: 860

Case 2:14-cv-01640-LDW-ARL Document 46 Filed 03/11/15 Page 3 of 3 PageID #: 861

Counsel of Record (first-class mail and CM-ECF)

Case 2:14-cv-01640-LDW-ARL Document 46-1 Filed 03/11/15 Page 1 of 2 PageID #: 862

Case 2:14-cv-01640-LDW-ARL Document 46-1 Filed 03/11/15 Page 2 of 2 PageID #: 863

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 1 of 20 PageID #: 864

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 2 of 20 PageID #: 865

UNITED STATES DISTRICT COURT

Plaintiff BSI Mortgage IV LLC

DEFENDANT VEKRUM KAUSHIKS

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 3 of 20 PageID #: 866

The term plaintiff or defendant, as well as a partys full or abbreviated

limited liability companies, professional limited liability companies, partnerships,

proprietorships, syndicates, trusts, groups, and organizations.

officers, members, executives, partners, directors, trustees, employees, attorneys, agents,

The following rules of construction apply to these discovery requests:

All/Each. The terms "all" and "each" shall be construed as all

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 4 of 20 PageID #: 867

discovery request all reasons that might otherwise be construed to

The words knowledge, information, possession, custody, and

The phrase reflect, refer, or relate to means reflecting, referring to,

relating to, regarding, describing, evidencing, discussing, concerning, mentioning, pertaining

interrogatories and requests.

The word document(s) includes all writings, recordings, and

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 5 of 20 PageID #: 868

electrostatically, electromagnetically, optically or otherwise on hard drive, diskette, compact

The persons present full name, including:

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 6 of 20 PageID #: 869

The term immediate family shall include:

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 7 of 20 PageID #: 870

All information requested herein is to be set forth if it is in the possession or

Each request for interrogatory is to be deemed a continuing one. Defendant

If plaintiff cannot respond to any of the following interrogatories in full after

If any information called for by an interrogatory is withheld on the basis of a

Whenever an interrogatory requests the identification of a document, the

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 8 of 20 PageID #: 871

Whenever an interrogatory requests the identity of a person, state his or her

Whenever an interrogatory requests the identity of an entity, state its name,

Whenever an interrogatory seeks a description of an act, transaction,

With respect to information or documents as to which you may claim

year, if ascertainable or, if not, the best approximation thereof.

For each interrogatory or part of an interrogatory that you refuse to answer

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 9 of 20 PageID #: 872

As to every request for interrogatory which a member of BSI Mortgage IV

Kindly attach additional sheets as required identifying the Interrogatory being

You have a continuing obligation to update the information in these

Interrogatories as you acquire new information. If no such update is provided in a reasonable

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 10 of 20 PageID #: 873

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 11 of 20 PageID #: 874

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 12 of 20 PageID #: 875

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 13 of 20 PageID #: 876

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 14 of 20 PageID #: 877

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 15 of 20 PageID #: 878

Interrogatory No. 21:

Case 2:14-cv-01640-LDW-ARL Document 46-2 Filed 03/11/15 Page 16 of 20 PageID #: 879

Great Neck, New York