Fwd: FW: Draft complaint

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<jeeproject@yahoo.com>

Draft Bear Stearns Complaint attached. I have not yet reviewed and am doing so now.

Sincerely,

Darren K. Indyke
Attorney-At-Law
457 Madison Avenue
Fourth Floor
New York, New York 10022
Telephone: 212-750-1176
Telecopier: 212-750-0381
Mobile: 862-485-6315
e-mail: dkiesq@aol.com

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From:	Anne Singer <asinger@samlegal.com>
Subject:	FW: Draft complaint
Date:	Mon, 05 May 2008 20:34:35 GMT
To:	dkiesq@aol.com
Cc:	Steven Storch <storch@samlegal.com>

From: Steven Storch
Sent: Monday, May 05, 2008 4:28 PM
To: 'Darren K. Indyke (dkiesq@aol.com)'
Cc: Anne Singer
Subject: Draft complaint

Darren, my secretary Anne Singer will momentarily be forwarding to you the latest draft. As it now stands, our view is that the case should be filed in New York State Supreme. There are a variety of reasons but the main one is that under recent case law I am concerned that a federal filing will greatly enhance the chances of being preempted by the class actions now pending. Under some recent law, that could wipe out the fraudulent inducement to hold claims which are central here. I am , however, looking at the Virgin Islands angle.

As for the document itself, The language still needs polishing and tightening and we are working on that as I send this email. However, I do think it sets forth the appropriate approach and contains the facts which distinguish our case from the others out there.

Also, to the extent we can expand on any of the conversations between Jeffrey and Spector that could be helpful as well. The causes of action are limited because under New York law we have to deal with the Martin Act line of cases pursuant to which essentially any state law claim is preempted by the Martin Act unless there is a fraudulent or wrongful intent element. J.p. Morgan will obviously be added as a defendant when the merger formally closes.

Also, you will see in the stock section a reference to a conversation between Jeffrey and Jimmy Cayne. You will have to let me know whether we can stick with that angle.

I am around into this evening if you want to talk and will try calling you in a bit.

Steven G. Storch

Storch Amini & Munves, P.C.
2 Grand Central Tower
140 E. 45th Street
New York, New York 10017
Tel: (212) 490-4100 ext 216
Fax: (212) 490-4208

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