Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv-00432-JCH

Document 66

Filed 07/06/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

CHASE CROSSROADS WATERFORD SQUARE, LLC, Plaintiff, V. THE MAY DEPARTMENT STORES COMPANY, Defendant.

: : : : : : : : : : :

CIVIL ACTION NO. 3:03CV00432 (JCH)

JULY 5, 2006

PLAINTIFF'S OBJECTIONS TO DEFENDANT'S EXHIBIT LIST Plaintiff in the above-entitled matters hereby submits its objections to the defendant's exhibit list as follows: Ex. No. 200 OBJECTION Description Italia & Lemp Appraisal of Chase Crossroads Shopping Center Valuation Date January 6, 2006 Irrelevant and immaterial (although to the extent that the appraisal contains factual aspects that defendant wishes to introduce, plaintiff has no objection.)

201 202

Letter from Resnikoff / Chase to Caldor, confirming Lease execution and inducement tenant provision dated November 23, 1983 Letter to Resnikoff / Chase from Caldor, confirming change of commencement date dated May 1, 1984

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203 204 205 OBJECTION

Letter to Resnikoff / Chase from Caldor, confirming change of commencement date, dated June 1, 1984 Letter from Resnikoff / Chase to Caldor, confirming request to substitute new Lease Plan (w/attachment) dated July 12, 1984 Letter to Resnikoff / Chase from Caldor, amending Lease to delete Par. 5 (H) (w/attachment), dated December 20, 1984 It is an unsigned document.

206 207 208 209 210 211 212 213 214 215 OBJECTION

Letter to Resnikoff / Chase from Caldor, extending landlord's completion date, dated October 9, 1986 Letter to Resnikoff / Chase from Caldor, substituting site plan, waiving lease provisions and extending landlord's completion date, dated June 24, 1986 Letter from Resnikoff / Chase to Caldor, changing rental payment amount, dated November 25, 1987 Memorandum with eight (8) numbered lease changes, dated November 23, 1983 Bob's Lease Withdrawn Withdrawn Withdrawn Withdrawn Worksheet "Crossroads Ames Replacement by Lowe's" with first page of LOI, dated April 10, 2003 The concern is either authenticating handwriting or redacting handwriting. (Since this is a bench trial and to the extent the handwriting is not redacted, if defense counsel indicates that the court should not take same into consideration, that is sufficient for plaintiff.)

216

Withdrawn

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217 218 219 220 221 223 224 225 226 227 228 229 230 231 232 OBJECTION

Letter to Porco from Caldor notifying of rejection of lease in bankruptcy, dated February 14, 2003 Withdrawn Withdrawn CNS R.E. Memorandum to Brawley re: BCF purchase of Lease w/ term sheet of lease modifications, dated February 13, 2003 Kaye Scholer letter to Atty LoBello re: resolution of all claims against Caldor and its parent, dated October 4, 2000 Fax dated October 7, 2003 with signed BCF Letter of Intent, dated September 12, 2003 Bob's Holiday Sale Circular Letter to Beffa from Brawley with Lease Restrictions in Chase Crossroads Center, dated June 24, 2003 e-mail from Simon to Zelson w/ Fax to Brawley, dated December 5, 2003 Fax from Brawley to Zelson w/ signed LOI, dated October 3, 2003 CNS Fax to Brawley attaching BCF's proposal, dated May 4, 2003 Brawley Fax to Zelson with comments on BCF proposal, dated September 15, 2003 Brawley Letter to Zelson with comments on CNS e-mail Feigenbaum letter to Soshnik re: calculation of BCF deal, dated February 14, 2003 Comparison sheet showing Ames, Burlington and Lowes [Undated] Request issue of authenticity, authorship (defense counsel was going to identify the source of that document so that plaintiff's counsel could verify same and indicate whether or not there is an objection.)

233 234

Draft LOI w/ Lowes w/ handwritten notations comparing alternatives Charter letter to Lowes w/ Chase proposal for Lowes deal, dated April 10, 2003

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OBJECTION 235 236 237 OBJECTION

The document is incomplete. e-mail from Beaumont (TJX) to Burton re: Bob's exclusives, dated January 26, 2005 Right of Entry and Hold Harmless Agreement, dated March 24, 2004 Memorandum from Brawley to Mellitz re: presentation to Conservation Board, dated September 1, 2004 As to the handwriting unless identified as representative of plaintiff.

238 239 OBJECTION

Withdrawn Worksheet "Crossroads Ames Replacement by Lowes" As to authenticity and authorship. Once again defense counsel was going to verify the source of that document.

240 OBJECTION 241 242 243 244 245 246 247 248

Markup of Lowe's LOI showing Tenant's counter dated April 10, 2003 The document is incomplete. Withdrawn County Hearing and Balance Letter Agreement dated March 21, 2004 Deb's Shops Letter Agreement dated March 14 ,2005 e-mail Mellitz to Porce re: Bob's restrictions and amendment with site plan attached, dated January 24, 2005 e-mail Mellitz to Burton re: CAM issue, dated January 27, 2005 Soshnik letter to Mellitz re: denying liability, dated March 10, 1999 Mellitz demand letter to May / Soshnik dated March 4, 1999 Photographs of Chase Crossroads Center w/ Caldor / Ames

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249 250 251 252 253 254 255 256 257 OBJECTION

Withdrawn News report New London Day, "Lowe's Planning Waterford Store, September 9, 2004 Fax from Zelson to Simon re: Lowe's on hold, dated August 26, 2003 Plaintiff's Damages Analysis of April 1, 2005 Plaintiff's Damages Update Letter of October 25, 2005 Plaintiff's Damages Analysis of November 30, 2005 Withdrawn Plaintiff's Damages Analysis of May 2005 Wilmer Cutler Memo to Brawley, Mellitz re: Open Issues, dated August 30, 2004 As to the handwriting unless otherwise verified to be from plaintiff's representative.

258 259 260 261 262 263 264 265 266 267 268 269 270

e-mail Burton to Brawley re: open issues, dated January 20, 2005 Chase (Mellitz) letter to Burton re: open issues dated January 20, 2005 Withdrawn Walmart Lease Withdrawn Withdrawn Letter from Chase-Resnikoff to Caldor dated March 10, 1998 re: store opening Withdrawn Withdraw0n Lobello to Porco Fax dated March 29, 1999 Withdrawn Caldor Lease Abstract Withdrawn

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271 272 273 274 275 276 277 278 279 OBJECTION

Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Beffa email to Soshnik June 2, 2003 As to the handwriting unless otherwise verified to be from plaintiff's representative.

280 281 282 283 284 285 286 287 288 OBJECTION

Zelson Exhibit 1 from deposition of April 14, 2006 Zelson Exhibit 2 from deposition of April 14, 2006 Withdrawn Withdrawn Withdrawn Withdrawn Letter from Atty Lissy to Porco re: Ames Chapter 11 dated August 21, 2001 Withdrawn Plaintiff's Answers to Interrogatories As to relevance and as to those portions of the subsequent interrogatories and request for admissions which are going to be germane in light of the documents. Defense counsel was to identify any specific portions that would be necessary for the trial, but has not done so as of this date.

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289 OBJECTION

Plaintiff's Requests for admission As to relevance and as to those portions of the subsequent interrogatories and request for admissions which are going to be germane in light of the documents. Defense counsel was to identify any specific portions that would be necessary for the trial, but has not done so as of this date.

290 OBJECTION

Defendant's Interrogatories and Requests for Production As to relevance and as to those portions of the subsequent interrogatories and request for admissions which are going to be germane in light of the documents. Defense counsel was to identify any specific portions that would be necessary for the trial, but has not done so as of this date.

291 292 293 294 295 296 OBJECTION

Ames Chapter 11 Notice of Rejection Letter from Kagan to Allan-revised lease Withdrawn Withdrawn Letter to Resinkoff from Kuller re: changes in site plan and lease dated June 24, 1986 Letter to Resinkoff from Kuller re: amendment to lease dated September 9, 1985 To the extent being offered as an amendment since it is not countersigned.

297 298 299 300 301

Letter to Resnikoff from Kuller re: amendment to lease dated December 20, 1984 Withdrawn Withdrawn Withdrawn Withdrawn

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302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 OBJECTION

Withdrawn Abstract of Caldor Lease Memo Re: Caldor Lease, signed by Kuller and Resnikoff dated November 23, 1983 Chase Crossroads Proof of Claim with supporting documents file stamped March 15, 2002 Letter to Len Ligoure from Charter Reality re: proposed Lowes deal, dated May 8, 2003 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Fax Carter-Burgess to Zelson/Potvin with Lowe's Plan attached, dated May 3, 2003 Fax Carter-Burgess to Brawley with Lowe's Plan attached, dated March 31, 2003 As to the handwriting unless otherwise verified to be from plaintiff's representative.

318 OBJECTION

Fax Zelson to Brawley re: request for proposal dated May 4, 2003 As to the issue of whether or not document is complete.

319 320

Withdrawn Withdrawn

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321 322 323 324 325 326 327 OBJECTION 328 OBJECTION 329 330 331 332 333 334 335 336

Schedule: "Lowe's Costs as of December 31, 2005 (total $110,560.32; with supporting documents) Schedule: "CIP 2090 Construction/Budget Cost As of December 31, 2005 (total $250,713.18; with supporting documents) Schedule: "CIP 2090 Construction/Budget Cost As of December 31, 2005 (total $253,972.18; with supporting documents) Schedule: "CIP 2090 Construction/Budget Cost As of December 31, 2005 (total $7,676.53; with supporting documents) Schedule: "CIP 2090 Construction/Budget Cost As of December 31, 2005 (total $15,899.52; with supporting documents) Schedule: "Other Deferred Costs, As of March 31, 2006" (with supporting documents) Mortgage Non Disturbance Agreement Irrelevant and immaterial Memo of Ground Lease Irrelevant and immaterial Special Permit Findings Review Covenants, Conditions and Restrictions Application and Cert for Payment Lowes Costs As of December 31, 2005 110,560.32 TJ Max Letter dated February 15, 2006 Comparison of BCF (Brawley Ex. 16) Email Susan Beaumont to Douglas Burton dated January 26, 2005 Agreement to Enter Into Ground Lease

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PLAINTIFF, CHASE CROSSROADS WATERFORD SQUARE, LLC

By___________________________________ Richard P. Weinstein, Esquire of WEINSTEIN & WISSER, P.C. 29 South Main Street, Suite 207 West Hartford, CT 06107 Telephone No. (860) 561-2628 Facsimile No. (860) 521-6150 Federal Bar No. ct06215 CERTIFICATION This is to certify that on the 5th day of July, 2006, a copy of the foregoing was served upon: Jeffrey J. Tinley, Esquire Tinley, Nastri, Renehan & Dost, LLP 60 North Main Street, 2nd Floor Waterbury, CT 06702-1403

_____________________________________ Richard P. Weinstein

CHASE\MAY DEPT STORES\OBJ TO DEF EXH LIST\TM

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