Free Motion to Quash - District Court of Arizona - Arizona

thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telqphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the give the expected
testimony.

REQUEST FOR ADMISSION NO. 29
A.

Admit
from

that

of the total purchase

price

defendant

number

BNP Swiss Swis

one

approximately

of approximately $6 million paid to BA for $2800000 of the payment which originated
controlled

account accounts which were

Ross by Ros and

not

Abed.

Admit

Deny _______

If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer

29A

with

29A

anything other

than an

State 10

thi every fact you rely upon in making this response. every

11

12

thi document you rely upon in making this denial and as to each such document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document as it relates to this response. relate thi
Identify

document

the

13

14

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.

and

15

16

B.

Admit

that

of the total purchase

price

of approximately

$6 million paid to

BA

for

defendant
17

Abed Abeds
Admit
If you

thi number one approximately $2800000 of this payment did not come income from TAESA held in accounts in the name of Calezar Ltd. account

from

18

Deny ______
responded
for

19

to Request answer the unqualified admission

Admission Admissions

29B

with anything other than an

following Interrogatory
in

29B

20
State 21 Identify

every fact you rely upon every document

thi making this response.

you
the

rely

upon

in

thi making this

denial

and as to each

such

22
23

document
custodian
the

identify

of the

document by documents document describe
the

title author and subject in the

date state the current or last known matter addressed in the document and state

substance

of the information contained

document

as

it

relate relates to this response. thi and

24 give the
25

number
expected

witnes thi every witness who can provide testimony in support of this response busines addres witnesss witness personal addres and telephone number business address and telephone address witness matter on which the witnes is expected to testify and substance of the subject
Identify testimony.

26
C. 27

Admit that $892000 of the total purchase price of the Agusta is traced to finds find removed from the Romero accounts and not from any accounts controlled by Abed. account account Admit

28

Deny _______
37

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Admission 29C with anything you responded to Request for Admissions answer the following Interrogatory admission unqualified
If

other

than an

29C

State

every

fact

you

rely

upon

in

thi making this

response.

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

the

witnes thi Identify every witness who can provide testimony in support of this response and witness busines addres addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.

REOUEST FOR ADMISSION NO. 30
Admit
10 the

Abed never supplied personal financial statement in support of of any of the aircraft including the defendant Lear Jet specifically purchase of including the submission personal statement to Wilmington Trust Company.
that

Alberto

11

Admit

________

Deny _______
for Admission Admissions

12

If you responded to Request unqualified admission answer the

30

with anything other

following Interrogatory
in

30

than an

13 State 14 Identify 15

every

fact

you

rely

upon you

thi making this
in

response.

every

document

rely

upon

thi making this

denial

and as to each

such

document
custodian
the

identify the document by title author and date state the current or last of the documents describe document the subject matter addressed in the document

known
and state

16

17

relate relates to this response. thi Attach copy of the personal financial statement supplied by Abed to Wilmington Trust thi Company and every other company involved in this action.
as
it

substance

of the information contained

in the

document

18 give 19

Identify the witness witnesss subject

number
expected

witnes thi every witness who can provide testimony in support of this response and address addres and telephone number business address and telephone busines addres personal witness matter on which the witnes is expected to testify and substance of the

testimony.

20

21

REQUEST FOR ADMISSION NO. 31
A.

22

Admit

that

Abed own owns

control or controls
financial

majority interest in Holding statement
in his

Aeronautica

Turistica 23

identified

in the as part

Wilmington Trust Admit
If

of the transactions transaction

presented to BCI and regarding the Lear Jet 31A.

name

24
25

Deny _______
with anything other than an

Admission 31 you responded to Request for Admissions answer the following Interrogatory unqualified admission
State

1A

26 every
fact

you

rely

upon

in

thi making this

response.

27
Identify

every

28

document

identify

the

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known

Case 2:04-cv-00363-JWS

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Page 2 of 15

custodian
the

of the

document documents

describe

the

subject in the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
B. testimony.

Admit

that

Holding

Aeronautica

Turistica

is

owned

and controlled

by Franmil

Holdings.

Admit

Deny _______
with

If you responded to Request for Admission 31 Admissions the following Interrogatory unqualified admission answer

31B

anything other than an

State

thi every fact you rely upon in making this response. every

10

11

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

document

the

12

13

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
C. testimony.

14

15

Admit Admit
If

that

Abed own owns

control or controls

majority interest of Franmil

Holdings.

16

Deny ______

17

Admissions 1C with you responded to Request for Admission the following Interrogatory unqualified admission answer
State fact

31C

anything other than an

18

every

you

rely

upon

in

thi making this response.

19

20

21

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

the

22

23

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected testimony.

24
25

REQUEST FOR ADMISSION NO. 32
At paragraph
of the answer
the

26 291 27
28 that

all

fund funds

used

cash

from Mr.

Abed Abeds

to purchase legitimate

Claimant appears thi appear this assertion Claimants state their belief Defendant aircraft came from the Calezar Ltd. account

or

assets.

Case 2:04-cv-00363-JWS

Document 137-5

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Page 3 of 15

A.

Admit
belief

that that

Claimant Claimants have no evidence with which
all

Ltd.

account

to support the statement of such ftind ftinds used to purchase the Defendant aircraft came from the Calezar assets. or cash from Mr. Abeds legitimate

Abed

Admit

Deny _______

If you responded to Request for Admission Admissions unqualified admission answer the following Interrogatory

32A

with anything other than an

32A

State

every

fact

thi you rely upon in making this response. you
the rely

Identify

every document

upon

in

thi making this

denial

and as to each

such

document
custodian
the

identify

of the

document by documents document describe
the

title author and subject in the

date state the current or last matter addressed in the document

known
and state

substance

of the information contained

document

as

it

relate relates to this response. thi

10

thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance of the
the

expected
11

testimony.

12

B.

Admit
to

that

financial

account

in the

name

make

contract

13

controlled

payment payments by Abed nor did

for the
it

aircraft received

of Calezar Ltd. at BNP in Switzerland flind no flinds from any entity

used

receive

cash from Mr.

Abed Abeds

legitimate

assets.

14

Admit
If

Deny _______
other

15

Admission 32B with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

than an

32B

16 State 17 Identify 18

every

fact you

rely

upon you

in

thi making this response.

every document

rely

upon

in

thi making this

denial

and as to each

such

document
custodian
the

document by identify of the document describe documents
the

title author and date state the current or last known the subject matter addressed in the document and state in the

19

substance

of the information contained

document

as

it

relate relates to this response. thi

20
21

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the

expected 22

testimony.

23

C.

Admit

that

claimant claimants cannot demonstrate Casa de Cambio

legitimate

million dollar source for the millions of dollars

in aircraft progres payment in the progress payments

form of cash

24

Mexico
Cambio.

specifically

Intercontinental

House through Exchange Houses in and Consultoria Casa de

25

Admit
26

Deny _______

27 28

If you responded to Request for Admission Admissions unqualified admission answer the following Interrogatory

32C with

32BC
response.

anything other

than

an

State

every

fact you

rely

upon

in

thi making this

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Page 4 of 15

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each the document author and date state the current or last known identify by title of the document describe documents
the subject in the

such

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

REQUEST FOR ADMISSION NO. 33
At paragraphs 299 and 300 of paragraph
the

claimant answer claimants
from

assert that Ross

Abed 5950000 in cash from legitimate funds fund that Abed required Ross to sign Ros receipt.
A.

Abed Abeds

earning earnings

at

Ros received from TAESA and denied

that 10

Claimant Claimants have no evidence or financial records which support or establish record in cash from TAESA were ever presented to Ross as Ros $950000 payment for the LearJet3lA.
that

Admit

11

Admit

Deny _______

12

If Admissions you responded to Request for Admission unqualified admission answer the following Interrogatory

33A

with anything other than an

33A

13 State 14

every fact you rely upon

in

thi making this

response.

15

document
custodian
the

identify

thi Identify every document you rely upon in making this denial and as to each the document by title author and date state the current or last known

such

of the

document documents

describe

the

subject in the

matter addressed

in the

document

and state

16

substance

of the

information contained

document

as

it

relate relates to this response. thi

17

18

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance of the
the

expected
19

testimony.

20
21

B.

generated from TAESA was required to be used first to pay and secondly to repay the loans to financial institution which loan institutions expense expenses defaulted were subsequently on as the result of non payment by TAESA.

Admit

that revenue

operating

22
23

Admit

Deny _______

If you responded to Request for Admission Admissions the following Interrogatory unqualified admission answer

33B

with

33B

anything other

than an

24
State 25

every

fact

you

rely

upon

in

thi making this

response.

26

27 28

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

the

Case 2:04-cv-00363-JWS

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Page 5 of 15

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

C.

Admit
the

that the

generated

by

TAESA
of these

alleged

financial

transaction

was required

to be conducted

in cash from revenue involving $950000 in cash to prevent the discovery of insecure

diversion

fund funds

from the financially

company.

Admit

Deny _______

If you responded for Admissions Admission to Request unqualified admission answer the following Interrogatory

33C with

33C

anything other than

an

State

every

fact

you

rely

upon

in

thi making this

response.

10

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each the document author and date state the current or last known identify by title of the document describe documents
the subject in the

such

matter addressed

in the

document

and state

11

substance

of the information contained

document

as

it

relate relates to this response. thi

12

13

thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the give the expected
testimony.

14

15

REQUEST FOR ADMISSION NO. 34
At paragraph
conducted on their behalf
that

16

305 of the answer claimants deny the details of financial claimant detail the basis of lack of knowledge and information. basi on

transaction transactions

17

Admit
18

claimant claimants have Answer

no evidence
responds.

or financial

record records which contradicts contradict
of the most recent

or to

disproves disprove the

information set out

in paragraph

305

Complaint

which claimants claimant
19

Admit
20

Deny _______

21

If you responded for Admissions Admission with anything other to Request the following Interrogatory unqualified admission answer

34

34

than an

22

State

every

fact

you

rely

upon

in

thi making this

response.

23

document
24
25

custodian
the

thi Identify every document you rely upon in making this denial and as to each such identify the document by title author and date state the current or last known of the documents describe document the subject matter addressed in the document and state of the information contained
in the

substance

document

as

it

relate relates to this response. thi

26 27

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

28

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Page 6 of 15

REQUEST FOR ADMISSION NO. 35
aircraft as

At paragraph 311 of the answer claimants deny the Defendant Cessna and Agusta claimant fund Ros were paid for in part with stolen Romero funds from the Ross Credit Suisse account shown below. Admit
that

claimants have claimant

no evidence

or financial

record records which contradicts contradict
of the most recent

or to

information set out in paragraph which claimant Answer responds. claimants disproves disprove the

311

Complaint

Admit

Deny _______
for

If you responded to Request unqualified admission answer the

Admission Admissions

35

with

following Interrogatory
in

35

anything other

than an

State

every fact you rely upon every document

thi making this
in

response. denial

Identify 10

you

rely

upon

thi making this

and as to each

such

document
custodian
the

identify the. document by title author and date state the current or last of the documents describe document the subject matter addressed in the document

known
and state

11

substance

of the

information contained

in the

document

as

it

relate relates to this response. thi

12

13

thi witnes Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the give the expected
testimony.

14

15

REQUEST FOR ADMISSION NO. 36
claimant claimants deny the details of financial transactions detail transaction of knowledge and information. The complaint Cessna was paid for in part by two large wires that originated wire at allege alleges that the Defendant Consultoria Casa de Cambio in the name of Flota Mexicana de Aviacion.
312 of the answer conducted

16

At paragraph

basi on their behalf on the basis of lack

17

18

Admit
19

that

claimant claimants have no evidence

or financial

record which contradicts records contradict

or to

disproves disprove the

which
20

information set out in paragraph claimants claimant Answer responds.

312 of the most recent

Complaint

Admit
21 If

Deny _______
responded
to Request the for Admission Admissions

you

36

with

22

unqualified

admission answer
State

following Interrogatory

36

anything other than an

23

every

fact

you

rely

upon

in

thi making this

response.

24
25

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

identify

the

26 27

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

28

43

Case 2:04-cv-00363-JWS

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Page 7 of 15

REQUEST FOR ADMISSION NO. 37
denied that TAESA was operating capital of TAESA disappeared Ros strawman or front of Mexico denied that Abed used Ross as supported by the Republic find man to conceal his ownership interest of the aircraft and/or control over the finds admitted .. that TAESA pertained to and was operated by Abed and in 1995 TAESA fell into accident denied
that the

At paragraph

314 of

the

claimant answer claimants

alleged

that

TAESA

failed because

of an

grave financial A.

crisi crisis from

which

it

could

never recover. because
the

Admit
capital

that

TAESA

to continue

filed bankruptcy to function.

company

lacked

sufficient

operating

Admit

Deny _______

If you responded to Request for Admission Admissions unqualified admission answer the following Interrogatory

37A

with anything other

than an

37A

State 10

every

fact

you

rely

upon

in

thi making this

response.

11

document
custodian
the

identify

thi Identify every document you rely upon in making this denial and as to each the document by title author and date state the current or last known
the subject in the

such

of the document describe documents

matter addressed in the document

and state

12

substance

of the information contained

document

as

it

thi relate relates to this response. and

13

Identify give

witnesss the witness
subject

14

number
expected

witnes thi every witness who can provide testimony in support of this response address addres and telephone number business address and telphone busines addres personal matter on which the witnes is expected to testify and substance of the witness

testimony.

15

16

B.

Admit
bills.

that

the

grave

financial to the

crisi crisis from fact
it

which

it

could

never recover revenue

faced by
to pay
its

TAESA
17

in 1995

related

failed to generate

sufficient

18

Admit

Deny _______
for Admission Admissions

19

If you responded to Request unqualified admission answer the

37B

with anything other

than an

following Interrogatory

37B

20
State 21 Identify

every

fact

you

rely

upon you

in

thi making this
in

response.

every document

rely

upon

thi making this

denial

and as to each

such

22
23

document
custodian
the

document by identify of the document describe documents
the

title author and date state the current or last the subject matter addressed in the document in the

known
and state

substance

of the information contained

document

as

it

relate relates to this response. thi and

24

25

thi witnes Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the expected testimony.

26

27 28

C.

Admit that the funds removed from TAESA by Abed as outlined in the complaint and fund answer in thi action and used to acquire the identified aircraft did not assist the this crisi grave financial crisis from which TAESA could never recover.

44

Case 2:04-cv-00363-JWS

Document 137-5

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Page 8 of 15

Admit
If

Deny _______
other

Admission 37C with anything you responded to Request for Admissions answer the following Interrogatory unqualified admission

than an

37C

State

every

fact

you

rely

upon
you
the

in

thi making this
in

response.

Identify

every document

rely

upon

thi making this
state the

denial current

and as to each
or last

such

document
custodian
the

identify

of the

document by documents document describe
the

title author and date subject in the

known
and state

matter addressed

in the

document

substance

of the information contained

document

as

it

relate relates to this response. thi

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the

expected

testimony.

10

D.

Admit

that

the

Government of Mexico provided

institution institutions 11

to assist

TARSA

in obtaining

loan guarantees to financial guarantee financing to continue to operate.

Admit
12

Deny _______
for Admission Admissions

13

If you responded to Request unqualified admission answer the

37D

with

following Interrogatory
in

37D

anything other than an

14

State

every

fact

you

rely

upon

thi making this response. such

15

document
16

in making this denial and as to each thi Identify every document you rely upon the document author and date state the current or last known identify by title

custodian
the

of the

document documents

describe

the

subject in the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

17

18

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance ofthe
give the expected
E.

19

testimony.
for the benefit

20
21

Admit that by providing loan guarantees guarantee Mexico provided support to TAESA. Admit

of

TAESA

the

government of

Deny _______
other

22
23

Admission 37E with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer
If

37E

than an

24 25

State

every

fact

you

rely

upon you
the

in

thi making this

response. denial current in the

Identify

every document

rely

upon

in

thi making this
state the

and as to each
or last

such

document
26 27 custodian
the

document by identify of the document describe documents
the

title author and subject in the

date

known
and state

matter addressed

document

substance

of the information contained

document

as

it

relate relates to this thi response.

28

give

the

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres

Case 2:04-cv-00363-JWS

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Page 9 of 15

number
expected

subject

matter on which the witness witnes

is

expected

to testify

and substance

of the

testimony.

F.

Admit that the funds removed from TAESA by Abed as outlined in the complaint and fund fund answer in thi action and used to acquire the identified aircraft were funds which were this loan required to be paid to repay the loans from the financial institutions. Admit
If

Deny _______
other

Admission you responded to Request for Admissions 37F with anything the following Interrogatory 37F unqualified admission answer
State

than an

every

fact

you

rely

upon you
the

in

thi making this
in

response.

Identify

every document

rely

upon

thi making this

denial

and as to each

such

document
custodian
10 the

document by identify of the document describe documents
the

title author and subject in the

date state the current or last matter addressed in the document

known
and state

substance

of the information contained

document

as

it

relate relates to this response. thi

11

12

thi witnes Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telephone witness number subject matter on which the witnes is expected to testify and substance of the expected
testimony.

13

14

G.

Admit
outlined

that

neither

Bankruptcy
15 aircraft. 16

TAESA nor Abed has reported to the Republic of Mexico and the Court the details about the fund removed from TAESA by Abed as detail funds
complaint and answer
in this action thi

in the

and used

to acquire the

identified

Admit
17

Deny _______
for

18

If you responded to Request unqualified admission answer the

Admission Admissions

37G

with anything other

than

an

following Interrogatory

37G

19

State

every

fact you

rely

upon
you
the

in

thi making this response.

20

Identify

every document

rely

upon

in

thi making this
state the

denial current

and as to each
or last

such

document
21

identify

custodian
the

of the

document by documents document describe
the

title author and subject in the

date

known
and state

matter addressed

in the

document

substance

of the

information contained

document

as

it

relate relates to this response. thi

22
23

witnes thi Identi every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telphone busines addres addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected H. testimony.
that if the

24
25

Admit

fund funds removed
26 27
aircraft that the

of Mexico and the Bankruptcy Republic from TAESA by Abed were used to fund creditor creditors
in the bankruptcy action

Court became
the

aware

that

could

purchase of additional make claim to the assets.

Admit

Deny _______

28

46

Case 2:04-cv-00363-JWS

Document 137-5

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Page 10 of 15

Admission you responded to Request for Admissions 37H with anything answer the following Interrogatory unqualified admission
If

other

than an

37H

State

every fact you

rely

upon

in

thi making this

response.

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each such identif the document by title author and date state the current or last known identifS of the documents describe document the subject matter addressed in the document and state of the information contained
in the

substance

document

as

it

relate relates to this response. thi

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telqphone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.

I.

Admit

that the

Abed

used

Ros Ross

to conduct

10

prevent Republic funds fund removed from
aircraft.

of Mexico

and

the

TAESA

by Abed

in an attempt to from becoming aware that bankruptcy were used to fund the purchase of additional the financial

transaction transactions
court

11

Admit
12

Deny _______
than an

13

If you responded to Request for Admissions 371 with anything other Admission 371 unqualified admission answer the following Interrogatory

14

State

every fact you

rely

upon

in

thi making this

response.

15

document
16

identify

thi Identify every document you rely upon in making this denial and as to each such the document by title author and date state the current or last known
the subject in the

custodian
the

of the document describe documents

matter addressed in the document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

18

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

19

20
21

REQUEST FOR ADMISSION NO. 38
At paragraph 315 of the answer claimants alleged that TAESA was formed by Rohn claimant 1967 and that TAESA was formed during the term of President Salina Salinas but denied airline was supported by Salinas and denied it was used by his cabinet Salina
in

22

23

A.

Admit Admit
If

that

TAESA

was formed during

the

Salina term of President Salinas

in 1987.

24
25

Deny _______
other

for Admissions 38A with anything Admission you responded to Request answer the following Interrogatory unqualified admission

than an

38A

26
State

every

fact

you

rely

upon

in

thi making this

response.

27
Identify 28

every document

document

identify

the

document

by

thi you rely upon in making this denial and as to each title author and date state the current or last known

such

Case 2:04-cv-00363-JWS

Document 137-5

47

Filed 11/21/2005

Page 11 of 15

custodian
the

of the document describe documents

the

subject in the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

thi witnes Identify every witness who can provide testimony in support of this response and busines addres witness witnesss personal address and telephone number business address and telqphone addres witnes number subject matter on which the witness is expected to testify and substance ot the give the expected
B. testimony.

Admit

that

President

aircraft during

members Salina and member of his cabinet Salinas regularly flew Salina period of time during the six year term of Salinas with periods

in

TAESA

or without

payment Admit

to

TAESA.
Deny _______

If you responded to Request for Admissions Admission the following Interrogatory unqualified admission answer

38B

with anything other than an

38B

State 10

thi every fact you rely upon in making this response. such

11

document
custodian
the

thi Identify every document you rely upon in making this denial and as to each the document author and date state the current or last known identify by title of the document describe documents
the subject in the

matter addressed

in the

document

and state

12

substance

of the information contained

document

as

it

thi relate relates to this response. and

13

14

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.

15

16

C.

Admit

that
at the

without
direction

the

made
17

law of airlines airline changes change in the Mexican laws regarding operation of the PRI and without the approval of President Salina and his Salinas
could never have been

administration operation
at

TAESA

formed and grown

to the

size

of

its

the

end of the term of Salinas.

18

Admit
19 If

Deny _______
other

20
21

for Admissions 38C with anything Admission you responded to Request SC admission answer the following Interrogatory unqualified

than an

State

every

fact

you

rely

upon

in

thi making this

response.

22

23

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document as it relates to this response. relate thi
Identify

every

document

identify

the

24

25

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

26 27

28

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48

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Page 12 of 15

D.

Admit

that

Abed had

close

relationship

with President

Salina Salinas

party up to and including the date of the PRIE aboard.

of the seizure

of the Lear Jet

31A

and the PRI political with the President

Admit

________

Deny _______
for

If you responded to Request the unqualified admission answer

Admission Admissions

8D

with

following Interrogatory

38D

anything other than an

State

every

fact

you

rely

upon you
the

in

thi making this
in

response.

Identify

every document

rely

upon

thi making this

denial

and as to each

such

document
custodian
the

identify

of the

document by documents document describe
the

title author and subject in the

date state the current or last matter addressed in the document

known
and state

substance

of the information contained

document

as

it

relate relates to this response. thi

10

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

11

12

REQUEST FOR ADMISSION NO. 39
At paragraph of the answer claimants alleged claimant that It is illogical association with President Salinas would have occurred Salina in that manner
never
that

13

that

TAESA
of

would

14

have had

financial

problem problems during
then
it

the

war

tariff of tariffs in the

90s period

President
15

Carlo Salinas because Carlos Salina

had they say he Cabinet of the Mexican was not

Abed

received

and Government.

he Abed would have received that support that would have been the official airline of the That is why the facts demonstrate that Salinas fact Salina treatment of the

16

Government
17

and TAESA partner of Mexico.

did not receive support or preferential

18

A.

Admit

that

the

war of

tariff tariffs occurred

in 1995

afler the

expiration

of the

term of

President Salinas.
19

Admit
20
21

________

Deny _______
for

If you responded to Request unqualified admission answer the

Admission Admissions

39A

with anything other

than an

following Interrogatory

39A

22
23

State

every

fact

you

rely

upon you
the

in

thi making this

response.

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
24 custodian
the 25

identify

of the

document by documents document describe
the

title author and subject in the

date state the current or last matter addressed in the document

known
and state

substance

of the information contained

document

as

it

relate relates

thi to this response.

26 27

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected testimony.

28

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Page 13 of 15

B.

Admit

that

the

grave

financial

crise crises

facing

TAESA

occurred

only after the

expiration

of the term of President

Salinas.

Admit
If

Deny _______
to Request the for Admission Admissions

you responded

39B

with anything other than an

unqualified admission answer
State fact

following
in

Interrogatory

39B

every

you

rely

upon you

thi making this response.

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
custodian
the

document by identify of the document describe documents
the

title author and date state the current or last known the subject matter addressed in the document and state in the

substance

of the information contained

document

as

it

relate relates to this response. thi

witnes thi Identify every witness who can provide testimony in support of this response and witness addres busines addres give the witnesss personal address and telephone number business address and telphone witnes number subject matter on which the witness is expected to testify and substance of the
10

expected

testimony.

11

REQUEST FOR ADMISSION NO. 40
At paragraphs 327 and 328 of the answer claimants admitted that the TAESA claimant paragraph cnse cnses continued into 1997 when TAESA offered 49% of the company share shares to its creditor in exchange for the debts which were in default or about to become unpayable. creditors debt The debt debts amounted the banks to approximately Pursuant to the reorganization bank 150000000. which acquired shares of stock in TAESA included Banco Union which acquired share share $100000000 in shares of stock Banco del Centro acquired $15000000 Bancrecer $6500000 Multiva $6000000 Bancomer $5400000 Banco Santander-Mexicano $5200000 Banco Intemacional $2300000 and Arrendadora Bancomer $2000000. Claimant Claimants allege that it is possible that shares of TAESA were deposited with Banco Union share to secure the loan. However the bank never acquired the shares. The other banks were not bank
financial addressed.

12

13

14

15

16

17

18

Claimant Claimants
asset assets
or

19

working capital. TAESA demonstrated in its agreement of its financial statements statement that it had operative and demonstrating that it was viable business busines profits. It kept operating and that it had the possibility to restructure itself that is why no judge authorized the
insolvency judgment A.
at

also alleged

that in 1997

TAESA

did

not attempt to operate

with no liquid

20
21

that time.

Admit

that

cancellation 22 identified

of ownership of shares of stock for the share proposed an exchange of debt in the approximate amount and to the Financial Institution Institutions above and in paragraphs 327 and 328 of the most recent complaint. paragraph

TAESA

23

Admit

Deny _______
for Admission Admissions

24

If you responded to Request unqualified admission answer the

40A

with

following Interrogatory

40A

anything other than an

25 State

every

fact

you

rely

upon you
the

in

thi making this
in

response.

Identify

every

document

rely

upon

thi making this
state the

denial current

and as to each
or last

such

27

document
custodian
the

identify

of the

document by documents document describe
the

title author and subject in the

date

known
and state

matter addressed

in the

document

28

substance

of the

information contained

document

as

it

relate relates to this response. thi

50

Case 2:04-cv-00363-JWS

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Page 14 of 15

witnes thi Identify every witness who can provide testimony in support of this response witness addres busines addres give the witnesss personal address and telephone number business address and telephone witnes number subject matter on which the witness is expected to testify and substance of the
expected
testimony.

and

B.

Admit

that

each

of the above

financial

institution institutions

instrument instruments or stocks for the cancellation stock above and in paragraphs 327 and 328 of the most recent paragraph

of equity the exchange accepted debt as TAESA proposed and outlined of complaint.

Admit

Deny _______

If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory

40B

with anything other than an

40B

State

every

fact

you

rely

upon

in

thi making this

response.

10

11

thi document you rely upon in making this denial and as to each such document by title author and date state the current or last known custodian of the document describe documents the subject matter addressed in the document and state the substance of the information contained in the document relate thi as it relates to this response.
Identify

every

document

identify

the

12

13

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telephone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected
testimony.

14

15

C.

Admit
as the

that this exchange thi

of an equity

interest for

debt interest in 1997

is

referred

to

reorganization

of

TAESA.

16

Admit
17

Deny _______

18

If you responded to Request for Admissions Admission unqualified admission answer the following Interrogatory

40C with

40C

anything other than an

19

State

thi every fact you rely upon in making this response. every

20

21

document you rely upon in making this denial and as to each such thi document by title author and date state the current or last known identify custodian of the document describe documents the subject matter addressed in the document and state in the document thi the substance of the information contained as it relates to this response. relate
Identify

document

the

22

23

witnes thi Identify every witness who can provide testimony in support of this response and witness witnesss personal address and telephone number business address and telqphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the expected D. testimony.
that after this reorganization thi Banc Union owned shares at $100000000 in share of stock. substantial interest of

24

25

Admit

TAESA
26

valued

Admit
27 28
If

Deny _______
other

Admission 40D with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

40D

than an

51

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