2655 (LGS)-(SN) / Plaintiff’s Motion to Compel the Debtor Defendants to Produce Documents Dear Judge Netburn: On behalf of Plaintiff Global Gaming Philippines, LLC (“GGAM”), we respectfully submit this motion to compel Defendants Bloomberry Resorts and Hotels, Inc. (“BRHI”) and Sureste Properties, Inc. (“SPI”) (collectively the “Debtor Defendants”) to produce documents in response to certain of Plaintiff’s Third and Fourth Set of Requests for Production (“3RFP” and “4RFP” respectively).1 The requests at issue are 3RFP No. 1, 3RFP Nos. 3 and 4, and 4RFP No. 4.

Plaintiff seeks to hold Defendant Enrique K. Razon, Jr. (“Razon”) liable as alter ego for the Debtor Defendants’ financial obligation under an arbitral award that exceeds $300 million.

Although the original request sought all meeting minutes, Plaintiff has narrowed the request to minutes “related to only: (i) GGAM, the MSA, the EOA, (ii) the underlying arbitration, (iii) the Philippine proceedings, (iv) the Singapore proceedings, (v) the Hong Kong proceedings (vs Deutsche Bank), (vi) the indemnification of Defendants in this action, (vii) issuance of dividends by BRHI, SPI or BRC, (viii) the Roadshow, (ix) investor conferences prior to September 1, 2013, (x) the Option Shares, or (xi) approval of annual financial statements or audits thereof, to the extent such meeting minutes exist.”5 The requested information is relevant to personal jurisdiction over the Debtor Defendants, as well as Plaintiff’s alter ego and trespass to chattel claims against Razon.

Each of the topics above relates to BRC’s corporate actions relevant to the allegations of the Second Amended Complaint, including, inter alia, (i) sending employees to the United States on the business of BRHI/SPI, (ii) 4 As a compromise, Plaintiff proposed a limited search of the email accounts for the BRHI/SPI board members (including Razon) for the one-month leading up to the BRHI/SPI board meetings (March 27 and April 27, 2021, inclusive) for (“indemn*” OR “hold harmless” OR Collingwood OR CICL OR “Asia Arrow” OR Rizolina OR Ensara OR Nozar OR “Bowery Bay” OR Campanilla OR Fesara OR “11 Essex”).

The Honorable Sarah Netburn May 6, 2022 Page 5 halting the sale of Plaintiff’s BRC shares of stock and holding them hostage, and (iii) receiving monies from BRHI/SPI in the form of unsecured cash advances and dividends.

Lorna G. Schofield United States District Court for the Southern District of New York 500 Pearl Street New York, NY 10007 Re: Global Gaming Philippines, LLC v. Razon, Jr., et al., 21 Cv.

2655 (LGS) (SN) Dear Judge Schofield: The Parties jointly, respectfully, request that the case management conference that is scheduled for May 11, 2022, be adjourned to a date after the close of expert witness discovery.

The Court initially scheduled the case management conference in the Case Management Plan and Scheduling Order, to be held approximately fourteen days after the close of all discovery.

The Clerk of Court is respectfully directed to close the motion at Dkt. No. 244.

Halperin Kaitlyn A. Crowe Daniel T. Pascucci Joseph R. Dunn 666 Third Avenue New York, NY 10017

WHEREAS, on April 18, 2022, Magistrate Judge Netburn granted Plaintiff’s motion for a protective order precluding the Bloomberry Defendants from questioning witnesses regarding allegations of fraud committed in connection with the arbitration.

WHEREAS, on May 2, 2022, the Bloomberry Defendants timely filed objections to Judge Netburn’s April 18, 2022, Order, with an eighteen-page memorandum of law in support of the objections.

states that “objections or responses to objections to a Magistrate Judge’s Report and Recommendation ... shall not exceed 10 pages.” It is hereby ORDERED that, by May 6, 2022, the Bloomberry Defendants shall file an amended memorandum of law in support of the objections, not to exceed ten pages.

It is further ORDERED that, by May 13, 2022, Plaintiff shall file an response, not to exceed ten pages.

The Clerk of Court is respectfully directed to strike the filing at Dkt. No. 239.

Plaintiff Global Gaming Philippines, LLC (“Global Gaming” or “Plaintiff”) brings this civil action primarily to enforce an arbitration award under federal law against Defendants Bloomberry Resorts and Hotels Inc. (“BRHI”), Sureste Properties, Inc. (“Sureste”) (collectively, the “Debtor Defendants”) and, through corporate veil piercing, against their shareholder Enrique K. Razon, Jr.

To withstand a motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, ‘to state a claim to relief that is plausible on its face.’” Kaplan v. Lebanese Canadian Bank, SAL, 999 F.3d 842, 854 (2d Cir. 2021) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).

To survive dismissal, “plaintiffs must provide the grounds upon which [their] claim rests through factual allegations sufficient to raise a right to relief above the speculative level.” Rich v. Fox News Network, LLC, 939 F.3d 112, 121 (2d Cir. 2019) (alteration in original) (internal quotation marks omitted).

Sufficiency of the Claims Against Razon and the Debtor Defendants “Because jurisdiction in this case is based on diversity of citizenship as well as the presence of a federal question, we follow the choice-of-law rules of New York, the forum state.” Totalplan Corp. of Am. v. Colborne, 14 F.3d 824, 832 (2d Cir. 1994) (citing Klaxon Co. v. Stentor Elec.

While English common law permits traditional corporate veil piercing if a person “deliberately evades ... frustrates [an existing legal obligation or liability] by interposing a company under his control,” Prest v. Petrodel Resources Ltd. [2013] UKSC 34, [¶35], it is “vanishingly rare,” JSC VTB Bank, [2021] BVIHC (COM) 2014/0062.

ee eoie IF wePe ERIx ai (PROPOSED) ORDER ESTABLISHING A FAIR FUND, APPROVING A

The Court, having reviewed the papers in support of the motion of the Securities and Exchange Commission (“Commission” or “SEC”) for an Order establishing a Fair Fund, approving the SEC’s planto distribute the funds under this Court’s jurisdiction in this matter (the “Plan’’), which is attached, and appointing Richard G. Primoff, an SEC employee,as the Distribution Agent, and the Commission having provided notice to Investors of, among other things, the Commission’s intent to file this motion; informed Investors of the Commission’s calculation of their Investment(s) and Recovery(ies); provided directions on how to object to the Commission’s calculations, as well as to the SEC’s proposed plan methodology, and any objections thereto having been resolved, IT IS HEREBY ORDEREDthat:

A Fair Fundis established pursuant to Section 308(a) of the Sarbanes Oxley Act of 2002, 15 U.S.C. § 7246(a), for all funds under the Court’s jurisdiction in this matter, including any accruedinterest (the “Fair Fund”);

The Commission is ordered to include in the Fair Fund all amounts it currently holds in this action; 4, Richard G. Primoff is appointed as the Distribution Agent under the terms set forth in the Plan;

Dated: 2/9 Wf , 2021 United States District Court Judge

We write to respectfully request that Dr. Kaloyeros’ self-surrender date be adjourned by thirty days to March 14, 2022 in light ofa recent health concern facing Dr.

After some discussion, on February 7, 2022, the Government indicated that it takes no position with respect to a request for a thirty-day extension so long as Dr. Kaloyeros agrees to not seek further adjournments.

Moreover, the Government has stated that it believes the Bureau of Prisons can handle the medical situation described below and can provide a letter to that effect if requested by the Court.

Indeed, since being sentenced, Dr. Kaloyeros— who is now 66 years old—has co-authored and produced ten inventions and twelve scientific publications in his field of nanotechnology, mentored younger scientists, supervised research groups, and worked hard to make positive contributions to his community.

A_thirty-day adjournment will pose no risk to the community and will allow Dr. Kaloyeros to get the care and monitoring he needs to avoid a potentially serious medical condition.