Free Motion to Stay - District Court of Arizona - Arizona

REQUEST FOR ADMISSION NO. 13
state Ros provided investigators states Ross investigator copy above transactions. Ross confirmed Ros that he then sent three $300000 wires on June 25 27 and 29 2001 from his Turismo wire por Nation Computadora account to an account at Nations Bank now Bank of America in Dallas Dalla in the name of Lear Jet Inc. In Answer you state Claimant believe the three wire Claimants your transfer came from funds provided transfers fund from legitimate earning earnings of Mr. Abed.
Paragraph 82 of the most recent of the

$1000000

BNP

complaint

wire transfer

reflecting

the

TX

Admit

that

claimant claimants have
in the wire

no evidence

upon which

to base

thi this belief that the fund funds
other

contained

transfer transfers

representation representations

allegedly

came from earning of earnings provided by Ross.

Abed

than oral

Admit

Deny _______

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

13

13

10

State

every

fact

you

rely

upon you

in

thi making this

response. denial

11

Identify

every

document

rely

upon

in

thi making this

and as to each such

document
12

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

substance

of the information contained

in the

document

as

it

relate relates to this response. thi

13

14

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.

15

16

REQUEST FOR ADMISSION NO. 14
17

Paragraph
18

including paragraph to the Lear Jet funds fund

92 of the complaint refers to refer stipulation executed by Ross specifically which admit that allegations admits fund les traced allegation of funds of not less that $900000 of not less than les
traced to the

Ros

$892000 You

traced

to the

Austa

funds helicopter and fund of

19

les not less than 260-262

$250000
308

Cessna

aircraft also

as alleged that

in paragraph paragraphs

265

and 309 are correct.

deny

Ros Ross
upon

received

20
21

$5000000
provision.

in cash

from

Abed

and give notice

of reliance

80 82-83 90 les no less than Mexican Criminal Code

A. 22
23

Admit that claimants have no evidence upon which to contradict the admission of claimant Ross Ros that not less than $900000 of Romeros funds can be traced to the Lear Jet les Romero fund Romero funds of not less than $892000 can be traced to the Agusta helicopter and fund les Romero funds of not less than $250000 can be traced to the Cessna aircraft as fund les
alleged in paragraphs paragraph

80 82-83 90 260-262 Deny _______
for

265

308

and 309.

24

Admit
25

26

If you responded to Request unqualified admission answer the

Admission Admissions

14A

with anything other than an

following Interrogatory

l4A

27 28

State

every

fact you

rely

upon

in

thi making this

response.

Case 2:04-cv-00363-JWS

Document 132-8 15 Filed 11/11/2005

Page 1 of 18

document
custodian
the

identify

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

such

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

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 busines addres addres witnes number subject matter on which the witness is expected to testify and substance of the
give the

expected
B.

testimony.

Admit

that

Abed

provided

les not less than

$5000000

in cash

to Ross

Ros

for the

purchase

of

aircraft.

Admit

Deny _______

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

14B

with anything other than an

14B

10

State

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

11

document
12

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

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

13

14

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

15

expected
C.

testimony.

16

Admit

that

allegations allegation

Ross of Ros contained

in the

stipulation

do not accuse

Abed

of any

cnme
17

in Mexico.

Admit
18

Deny _______

19

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

l4C with

l4C

anything other than an

20
21

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 telephone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance ofthe
the

expected D.

testimony.
that provisions provision in

26 27

Admit
United

admissibility

of the stipulation

Mexican Federal Penal Code Ross thi provided by Ros in this

are not determinative
civil

of the
in the

forfeiture

action

States.

28

Admit

Deny _______
16

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 2 of 18

If you

responded

to Request the

for

Admission Admissions

14D

with anything other than an

unqualified admission answer
State fact

following

Interrogatory

14D

every

you

rely

upon

in

thi making this

response.

Identify

every document

document
custodian
the

identify

of the

document by documents document describe
the

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

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. 15
10

Paragraph Paragraphs

93 to 107 of the

Ros Ross Romero
11

and Inverlat

bank

transaction and involvement with complaint relate to transactions and financial transactions transaction related to his account and do not

mention

Abed
Admit

or his fellow claimants.

12

that claimant do not contest claimants

that these

event events

and including 107 happened
13

and that claimants have claimant complaint
specifically

allegation allegations

containecf specific

in the

in the paragraphs alleged paragraph 93 no reason to dispute the that claimants do not contest claimant

to

Romero
14

lost

sum which was Deny _______

repaid by Inverlat.

Admit
15 If

16

Admission you responded to Request for Admissions 15 with anything the following Interrogatory answer unqualified admission

other

15

than an

17

State

every

fact

you

rely

upon you
the

in

thi making this

response.

18

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
19

identify

custodian
the

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

thi relate relates to this response.

20
21

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 telerhone witnes number subject matter on which the witness is expected to testify and substance of the
expected testimony.

22

23 24

REQUEST FOR ADMISSION NO. 16
mentioned as owning an interest in Vuelamex in paragraph number 119 an allegation by Abed. The paragraphs of the complaint numbered 108 to 122 other paragraph with Ross Serdio victims generally victim than 119 relate to transactions transaction and involvement Ros described as the family of Em-ique Giraud Mijares Giraud and Inverlat Mijare bank and financial transaction transactions related to accounts of the victims and do not mention Abed or his fellow account victim
is

Abed

denied

25 26

claimants.

27 28

17

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 3 of 18

in the paragraph 108 to that claimants do not contest claimant that these events alleged event paragraphs the 118 and from 120 to 122 happened and that you have no reason to dispute in the complaint that you do not contest the victims victim allegation contained allegations specifically

Admit

lost

specific

sum which was

repaid by Inverlat.

Admit
If

Deny _______
other

Admission you responded to Request for Admissions 16 with anything the following Interrogatory unqualified admission answer

than an

16

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

10

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
expected
testimony.

11

12

REOUESTFORADMISSIONNO.

17

13

14

admission The paragraph of the complaint numbered 123 to 138 relate to admissions made by paragraphs Serdio in an interview on or about March 22 2002 regarding victims victim generally described as the family of Enrique action of Ross and his co-conspirators Ros Giraud Mijares Giraud actions and Mijare co-conspirator
other

than mentioning

fear of

Abed

at

paragraph

136

do not mention

Abed

or his fellow

15

claimants.

16

A.

Admit

that

138 happened
17

complaint

that these events event alleged in the paragraph 123 to contest paragraphs and that you have no reason to dispute the allegations allegation contained in the that claimant do not contest claimants Serdio made these statements. specifically

claimant claimants do not

18

Admit

Deny _______

19

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

17A

with

17A

anything other

than an

20
State 21 Identify

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

22

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

23 24

substance

of the information contained

document

as

it

relate relates to this response. thi

25 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.

B.

Admit
fear

that

claimant claimants do not have any evidence
as alleged in the

with which to deny that Serdio has

of

Abed

paragraph

136.

28

18

Case 2:04-cv-00363-JWS

Document 132-8

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Page 4 of 18

Admit
If you

Deny _______
responded
to Request the for Admission Admissions

l7B with

unqualified admission answer
State

following Interrogatory

l7B

anything other than an

every

fact

you

rely

upon you

in

thi making this
in

response.

Identify

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

substance

of the information contained

in the

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 telphone busines addres addres witnes number subject matter on which the witness is expected to testify and substance of the
give the

expected

testimony.

10

REQUEST FOR ADMISSION NO. 18
The paragraph of the complaint numbered 139 to 154 relate to admissions made by admission paragraphs Serdio in an interview on or about April 10 2002 regarding victims generally described as victim the family of Enrique action Ros and Giraud Mijares Giraud actions of Ross and his co-conspirators Mijare co-conspirator
do not mention

11

12

Abed

or his fellow claimants.

13

14

Admit
in the

154 happened
15 statements. 16

claimant claimants do not contest that these events alleged in the paragraphs event paragraph 139 to and that claimants have no reason to dispute claimant the allegations allegation contained that claimants do not contest claimant Serdio made these complaint specifically
that

Admit
17 If

Deny _______

18

Admission you responded to Request for Admissions 18 with anything the following Interrogatory answer unqualified admission

18

other

than an

19

State

every

fact

you

rely

upon

in

thi making this

response.

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 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 as it relates to this response. thi
Identify

every

document

identify

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 subj ect matter on which the witness is expected to testify and substance of the
expected testimony.

24

25

REQUEST FOR ADMISSION NO. 19
The paragraphs of the complaint numbered 155 to 178 the first 177 paragraph 178 relate to admission made by Serdio in an interview on or about April 11 2002 regarding victims admissions victim described Giraud Mijares Giraud actions as the family of Enrique action of Ross and his Ros generally Mijare financial transactions transaction conducted co-conspirator co-conspirators by Serdio and do not regarding specific
mention

26 27

28

Abed

or his fellow

claimants.

19

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 5 of 18

Admit

that

claimant claimants do not
and that you

contest

that these

event events
Serdio
did

alleged the

in the

paragraph paragraphs 155
contained

to

178 happened

have

no reason

to dispute

allegation allegations
these in the table

in the

complaint
the

specifically that you do not contest financial transaction transactions alleged specifically in the
first

made

statement statements

and that

as set out occur.

of financial

transaction transactions

paragraph

number

178

Admit
If

Deny _______
other

Admission you responded to Request for Admissions 19 with anything the following Interrogatory answer unqualified admission

19

than an

State

every

fact

you

rely

upon you

in

thi making this response.

Identify

every document

rely

upon

in

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

substance

of the information contained

in the

document

as

it

relate relates to this response. thi

10

11

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.

12

REQUEST FOR ADMISSION NO. 20
13 14

Aerospace

Abed
15

numbered paragraph 177 of the complaint alleges that Bombardier allege the Defendant Lear Jet and sold it to Jaime Ross and Alberto Ros Inc. manufactured sale office in Tucson Arizona. through the Lear Jet regional aircraft sales and maintenance you
filed denied the

The second

The Answer
Calezar

Lear

1A was

sold to

Ros Ross

and claimed

that

Abed

through

Ltd

purchased

Lear with

Abed

family money.

16

17

A.

Admit Admit
If

that

Ros Ross

executed

the purchase

contract

for defendant

Lear

Jet.

18

Deny ______
other

19

Admission 20A with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

than an

20A

20
State 21

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 identify custodian of the document describe documents the subj ect 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

24

Identify

witness give the witnesss
25

number
expected

subject

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

testimony.

26
B.

27 28

Admit that not all of the purchase price other than the amount financed by BCI was find fund from paid from finds contained in the Calezar Ltd. account from funds provided

Abed

and his family.

20

Case 2:04-cv-00363-JWS

Document 132-8

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Page 6 of 18

Admit

________

Deny _______

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

20B

with

20B

anything other

than an

State

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

Identify

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 known 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 give witnes number subject matter on which the witness is expected to testify and substance of the
the

expected

testimony.

10

C.

Admit

that

11

Ross by Ros which were unrelated included receipt of funds from Abed and fund
controlled

portion

of the purchase

price

of the Lear Jet came
to the

from accounts account

Calezar

Ltd.

account

which

did

not

his family.

12

Admit
If

Deny _______

13

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

20C

with anything other

than

an

20C

14

every fact you rely upon in making every document you
the rely

thi this response. thi making this
state the denial current in the

15 Identify 16

upon

in

and as to each
or last

such

document
custodian
the

document by identify of the document describe documents
the

title author and subject
in

date matter addressed

known
and state

document

17

substance

of the information contained

the

document

as

it

relate relates to this response. thi

18

Identify

witness give the witnesss
19

number
expected

subject

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

testimony.

20

21

REQUESTFORADMISSIONNO.
Paragraph

21
state states

22

number

179 of the complaint

23

Contract negotiations Lear between BA in Tucson to purchase the Defendant negotiation and Ross and Alberto Abed commenced in approximately April 2001. Ros Arizona

24

The answer claimants claimant
25

filed denied

Ros Ross

was purchaser

under

limited

power of attorney

under

Irish law.

However

and claimed Ross acted only Ros claimant claimants admit Ros was Ross

guarantor of the financing. 26 A. 27 28

Admit
Lear

that

Ros Ross

Jet if he

would not have personally guaranteed the financing of the defendant for the purchase of the defendant Lear Jet. were not party to contract

Admit

Deny _______
21

Case 2:04-cv-00363-JWS

Document 132-8

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Page 7 of 18

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

2lA

with anything other than an

2lA

State

thi every fact you rely upon in making this response.

document
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

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 testifj and substance of the
give the expected
B. testimony.

Admit
contract

that

Ros Ross

representative representatives
10

was the primary contact person or contract negotiator with the of Lear Jet for the purchase of the defendant Lear Jet executing
regarding
the sale contract.

all

document documents

Admit
11

Deny _______
for Admission Admissions to Request answer the following Interrogatory

If 12

you responded

21B

with

unqualified admission
State

2lB

anything other

than an

13

every fact you

rely

upon you

in

thi making this response.

14

Identify

every document

rely

upon

in

thi making this

denial

and as to each

such

document
15

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

thi relate relates to this response.

16

17

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.

18

19

REOUEST FOR ADMISSION NO. 22
20 Paragraph
21

number

182 of the complaint

state states

The
22

N224LJ

23 24
25

United States registration State was registered just prior to export with Delaware corporation called Wilmington Trust Company as Owner Trustee effectively concealing the ownership interest of Ros and Abed Ross and their nominee foreign corporations.
aircraft to

The answer claimants claimant
rezistered to

filed denied

the

of

Abed

Wilmington Trust and claims that Abed has been cooperating and providing claim
years.

denied

that this registration thi

Lear Jet was exported admitted the jet was was used to conceal ownership

record records to the

govemment

for several

26 A. 27

Admit

that

the to

contract

executed

Ross by Ros

for the

exportation

Mexico

of the Lear Jet after

purchase cash sale.

of the Lear Jet called

for the

28

Admit

Deny _______
22

Case 2:04-cv-00363-JWS

Document 132-8

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Page 8 of 18

If you

responded

to Request the

for

Admission Admissions

22A

with

unqualified admission answer
State

following

Interrogatory

22A

anything other

than an

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

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

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.

B.

be performed
10

Ros by Ross for the purchase of the Lear Jet could not due to an inability to pay the balance due on the contract by purchasers purchaser leading to the need to obtain financing of the balance due.
Admit
that the contract as executed

11

Admit

Deny _______

12

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

22B

with

22B

anything other than an

State 14

every

fact

you

rely

upon

in

thi making this

response.

15

16

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

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 of the
give the expected
testimony.

19

20
21

C.

the interest of Abed in the defendant Lear Jet could not be identified by an of the registration document available to the public associated documents with both inspection Wilmington Trust Company as Owner Trustee and Calezar Ltd. as the alleged source

Admit

that

22
23

the

of the purchase funds because no beneficial fund records public record of either entity.

ownership

interest of

Abed

appeared

in

Admit
If

Deny _______
other

24

Admission 22C with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

22C

than an

25 State

every

fact

you

rely

upon you
the

in

thi making this

response.

26
Identify

every document

rely

upon

in

thi making this
state the

denial current

and

as to each

such

27
28

document
custodian
the

document by identify of the document describe documents
the

title author and subject in the

date

or last

known
and state

matter addressed

in the

document

substance

of the information contained

document

as

it

relate relates to this thi response.

23

Case 2:04-cv-00363-JWS

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Page 9 of 18

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 number subject matter on which the witnes is expected to testify and substance of the witness
expected D.
testimony. the cooperation of Abed regarding the defendant defendant Lear Jet was seized when the interest of

Admit

that

Lear Jet

commenced
already

only

after the

Abed had

been

discovered.

Admit

Deny _______
for

If you responded to Request unqualified admission answer the

Admission Admissions

22D

with anything other

than an

following Interrogatory

22D

State

every

fact you

rely

upon

in

thi making this response. such

document
10

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

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

11

12

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.

13

14

REQUEST FOR ADMISSION NO. 23
15

Paragraph
16

number

183 of the complaint

state states

17

Abed also contracted with BA to purchase or lease/purchase four Lear Jets and one BD-100 Corporate jet in the names of Uptongrove Jet name three Lears and Casafin Ltd Lear 40 and BD-100 respectively. Lear
and
other

Ros Ross

Ltd.

18

Your answer denied
19 the

that

name names

of Uptongrove
that

Ros Ross contracted Lear Lears and Casafin
additional in the

with

BA

to purchase

additional

aircraft in

Lear and

BD-lOO.

20
21

Admit

Ros Ross
by

executed

contract contracts

manufactured

BA

names name of Uptongrove

for the purchase of the aircraft Ltd. and Casafin Ltd.

Admit
22

Deny _______
for

23

If you responded to Request unqualified admission answer the

Admission Admissions

23

with anything other

following Interrogatory

23

than an

24
25

State

every

fact

you

rely

upon

in

thi making this

response.

26
27

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 relates to this response. thi as
Identify

every

document

identify

the

it

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

24

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 10 of 18

number
expected

subject

matter on which the witness witnes

is

expected

to testify

and substance

of the

testimony.

REQUEST FOR ADMISSION NO. 24
Paragraph

number

184 of the complaint

state states
to be

Ros Ross

and

Abed
Lear.

caused

numerou progres payment numerous progress payments
but the only completed

made

into

all

of the
the

proposed Defendant

aircraft transactions transaction

transaction

involved

be

proposed denied on the basis that you did not basi A.

Claimant Claimants made into all of

answer
the

denied that Ros and Ross

Abed

caused

aircraft transactions.

know
of

to

what completed

numerous progres payment numerou progress payments The balance of the paragraph was
transaction
referred.

to

Admit

that

contract contracts
10

with

Ros Ross at BA

the

direction

for the

delivery

Abed made progres payments pursuant progress payment of aircraft descnbed in the complaint.

to

Admit
If

Deny ______
other

11

Admission 24A with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

24A

than an

12 State 13 Identify 14

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 the subject matter addressed in the document in the

known
and state

15

substance

of the information contained

document

as

it

relate relates to this response. thi

16

17

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.
at

and

18 B. 19

Admit that
transaction the direction

the

time of the

seizure

of the defendant

aircraft

the

or completed

contract

of

Abed

was

for the purchase of an aircraft executed with the defendant Lear Jet. that associated

only completed Ross by Ros

at

20

Admit
21 If

Deny _______
other

22

for Admissions Admission 24B with anything you responded to Request answer the following Interrogatory unqualified admission

than an

24B

23

State

every

fact

you

rely

upon
you
the

in

thi making this response.

24

Identify

every document

rely

upon

in

thi making this
state the

denial current

and as to each
or last

such

document
25

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 and

26

27

give

the

number
28

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

expected

Case 2:04-cv-00363-JWS

Document 132-8

25

Filed 11/11/2005

Page 11 of 18

REQUEST FOR ADMISSION NO. 25
number statement Paragraph numbers 186 to 199 of the complaint relate to statements Intemational Contract Administrator Daniel Louis in Tucson Contracts Arizona. Loui Claimant answer Claimants answers
knowledge. A.
to these

made by

BA

paragraph paragraphs

generally

are

denial denials based

on lack

of

Admit Louis Loui

dealt with

Ros Ross

and

Abed

Lear Jet but on purchase andlor lease and one BD-100 corporate jet.

not only on the purchase of the Defendant for four other Lear models model contract purchase contracts

Admit

Deny _______

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

25A

with

25A

anything other

than an

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

relate relates to this response. thi

13

14

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
15 B. 16

testimony.
that

Admit

Alberto

Abed

contract contracts

for the

purchase

represented that he was of the aircraft.

partner

with Ros regarding the Ross

17

Admit

Deny _______

18

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

25B

with

25B

anything other than an

19 State

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

20
21

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

22

substance

of the information contained

document

as

it

relate relates to this response. thi

23

24
25

witnes who can provide testimony in support of this response and thi Identify every witness 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 testifiy and substance of the
give the expected testimony.

26

C.

Admit

that

Alberto Ltd.

Abed

Uptongrove
27

as indicated

of represented Jaime Ross was CEO and/or President on numerous contract numerou related official documents.

Ros

Admit
28

Deny _______

26

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 12 of 18

If

you responded

unqualified admission
State

to Request answer the

for

Admission Admissions

25C

with anything other than an

following

Interrogatory

25C

every

fact you

rely

upon

in

thi making this

response.

Identify

every document

document
custodian
the

document by identify of the document describe documents
the

thi you rely upon in making this denial and as to each title author and date state the current or last known
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 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 ot the
expected D. testimony.
that Alberto

and

Admit

Abed

received

contract contracts

related

to the

acquisition

of aircraft which

represented Jaime
10

Ros Ross

was

CEO andlor

President of Uptongrove

Ltd.

Admit

Deny _______
for

11

If you responded to Request unqualified admission answer the

Admission Admissions

25D

with anything other than an

following Interrogatory

25D

12 State 13

every

fact you

rely

upon

in

thi making this

response.

14

document
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

15

substance

document

as

it

relate relates to this response. thi

16

17

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.

18

19

E.

Admit

that Alberto

Abed was

aware

that Ltd.

Jaime

Ros Ross

represented to

BA

that he

was

CEO
20

andlor President

of Uptongrove

Admit
21

Deny _______

22
23

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

25E with

25E

anything other than an

State

every

fact

you

rely

upon

in

thi making this

response.

24

document
25

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

custodian
the

matter addressed

in the

document

and state

substance

of the information contained

document

as

it

relate relates to this response. thi

26

27 28

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.

27

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 13 of 18

F.

Admit

that Jaime

Ros Ross
in the

was an agent

for Alberto Ltd.

Abed

aircraft for

Abed

name

oflJptongrove

regarding the acquisition and Casafin Ltd.

of

Admit

________

Deny _______

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

25F

25F

anything other

than an

State

every

fact

you

rely

upon

in

thi making this

response.

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 as it relates to this response. relate thi
Identify

every

document

identify

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 telqphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the
give the
10

expected G.

testimony.

11

Admit
for the the

that

Jaime Ros signed almost Ross Agusta.

all

of the

contracts contract

as the

six aircraft contract but also contracts

on the contract

for the

buyer not just Defendant Cessna

at

BA

and for

12

Defendant

13

Admit
If

Deny _______

14

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

25G

with

25G

anything other

than an

15

every

fact you

rely

upon

in

thi making this

response.

16

17

18

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 thi as it relates to this response relate
Identify

every

document

the

19

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 telqphone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance of the
the

expected

testimony.

22

H.

Admit
contract

that

for the

Jaime Ros was specifically authorized to act for Abed with respect Ross Defendant Cessna and for the Defendant Agusta.

to the

23

Admit
24
25 If

Deny _______
other

Admission 25H with anything you responded to Request for Admissions the following Interrogatory answer unqualified admission

than an

25H

26

State

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

27

Identify

document
28

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

Document 132-8

28

Filed 11/11/2005

Page 14 of 18

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

witness thi Identify every witnes who can provide testimony in support of this response 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 expected
testimony.

and

I.

Admit

that the contract for the financing of defendant Lear Jet included as additional loan security for insurance which would pay the balance of the debt due to provision BCI in the event the purchaser failed to continue to make the required payments.

Admit

Deny _______
for Admission Admissions

If you responded to Request unqualified admission answer the

251

with anything other than an

following Interrogatory

251
response.

State 10

every

fact

you

rely

upon

in

thi making this

11

12

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

13

14

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 telphone addres busines addres witnes number subject matter on which the witness is expected to testify and substance of the give the expected
testimony.

15

REQUEST FOR ADMISSION NO. 26
16

17

Representative

number statements Paragraph numbers 200 to 219 of the complaint relate to statement Alberto Castaneda in Tucson Anzona.

made by

BA

Sale Sales

18

A.
19

on several occasion occasions regarding directions direction spoke with Castaneda Ros sale contract given to Ross to make progress payments on several of the sales contracts progres payment including the Lear 31A.
that

Admit

Abed

Abed

have

20

Admit
21 If

Deny _______
other

22

for Admissions Admission 26A with anything you responded to Request answer the following Interrogatory unqualified admission

than an

26A

23

State

every

fact

you

rely

upon

in

thi making this

response.

24

document
25

custodian
the

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 identify of the documents describe the subject document matter addressed in the document and state of the information contained
in the

substance

document

as

it

relate relates to this response. thi and

26
Identify

27

witnesss give the witness

number
28

subject

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

expected

testimony.

29

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 15 of 18

B.

Admit

that

Abed

did

associated

with these

not provide funds to Ross to make these progress payments fund Ros progres payment sale contract for aircraft including the Lear 31A. sales contracts

Admit
If

Deny _______
other

Admission 26B with anything you responded to Request for Admissions admission answer the following Interrogatory unqualified

than an

26B

State

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

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

of the document describe documents of the

matter addressed

in the

document

and state

substance

information contained

the

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
10

expected
C.

testimony.

11

Admit that pursuant Arizona. in Tucson Admit

to the

contract

executed

Ross by Ros

the

Lear Jet

1A was

delivered

12

Deny _______

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

26C with

anything other

than an

14

26C

15

State

every

fact

you

rely

upon

in

thi making this response. such

16

document
17

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

custodian
the

matter addressed

in the

document

and state

substance

information contained

document

as

it

relate relates to this response. thi

18

19

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 D.
testimony.

20

21

Admit that Abed was very
Institucional including the

22

close to the leadership of the PRI Partido Revolucional and performed chatter aircraft services service for high level PRI members member former Mexican president Carlos Salinas de Gortari. Carlo Salina

23

Admit
If

Deny _______
other

24
25

Admission 26D with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

than an

26D

State

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

Document 132-8

30

Filed 11/11/2005

Page 16 of 18

Identify

witness give the witnesss

number
expected

subject

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

and

testimony.

E.

Admit that PRI Partido Admit

at

the

time of the seizure

of defendant

Lear Jet the then President
the
aircraft.

of the

Revolucional

Institucional

was on board

Deny _______

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

26E with

26E

anything other

than an

State

every

fact

you

rely

upon

in

thi making this

response.

document
10

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

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

11

12

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
F.

13

testimony.
that the

14

Admit

flight

was

chartered

to assist the

Revolucional
15

Institucional in Florida.

regarding medical

then President of the PRI Partido treatment for his wife which she was

undergoing

16

Admit

Deny _______

17

If you responded to Request for Admissions 26F with anything other than an Admission the following Interrogatory unqualified admission answer

26F

18 State 19

every

fact

you

rely

upon

in

thi making this

response.

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 relates to this as thi response.
Identify

every

document

the

it

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 telephone addres busines addres give witnes number subject matter on which the witness is expected to testify and substance of the
the

expected
24

testimony.

25

G.

Admit Admit
If

that the

flight

was

publicly

described

as

demonstration flight
Institucional

for

which

the

then President of the PRI Partido
26

Revolucional

did not pay.

________

Deny _______
other

27
28

Admission 26G with anything you responded to Request for Admissions the following Interrogatory unqualified admission answer

260

than an

31

Case 2:04-cv-00363-JWS

Document 132-8

Filed 11/11/2005

Page 17 of 18

State

every

fact you

rely

upon you

in

thi making this
in

response.

Identify

every document

rely

upon

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

witness thi Identify every witnes 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.

H.

Admit that
the

the

action actions

complaint

own

for operation passenger airline in

in ofjet aircraft as outlined by Abed regarding the acquisition in Mexico could not be revealed because Abed could not Mexico prior to February 16 2005.

10

Admit
If

Deny _______
other

11

Admission you responded to Request for Admissions 26H with anything the following Interrogatory answer unqualified admission

than an

26H

12 State 13 Identify 14

every fact you every

rely

upon you

in

thi making this

response.

document

rely

upon

in

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

15

substance

of the information contained

in the

document

as

it

relate relates to this thi response.

16

17

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
18
I.

testimony.

Admit that
allow the
respect

that

Abed

executed

19

continued

to the

bankruptcy

operation action

loan to personal guarantees regarding the loans provided guarantee of and that those obligations continue with obligation

TAESA

of

TAESA.

20
21

Admit

Deny ______
than an

22

If you responded for Admissions 261 with anything other Admission to Request unqualified admission answer the following Interrogatory

261

23 State

every

fact

you

rely

upon

in

thi making this

response.

24

25

document
custodian
the

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

such

matter addressed

in the

document

and state

26 27

substance

information contained

document

as

it

relate relates to this response. thi

give the
28

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

Document 132-8

32

Filed 11/11/2005

Page 18 of 18