FILED: NEW YORK COUNTY CLERK 04/15/2015 03:59 PM

NYSCEF DOC. NO. 142

INDEX NO. 652721/2014

RECEIVED NYSCEF: 04/15/2015

EXHIBIT K

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
x
FCRC MODULAR, LLC and FC MODULAR, LLC
(formerly known as FC+Skanska Modular, LLC)

Index No. 652721/2014

:
:

IAS Part 39
Justice Saliann Scarpulla

Plaintiffs,
-againstSKANSKA MODULAR LLC and RICHARD A.
KENNEDY,
Defendants.
x
SKANSKA MODULAR LLC and RICHARD A.
KENNEDY,
Third-Party Plaintiffs,
-againstFOREST CITY RATNER COMPANIES, LLC,
FOREST CITY ENTERPRISES, INC.,
JOHN DOES 1-10 AND JANE DOE,
Third-Party Defendants.
x
RESPONSES AND OBJECTIONS
TO DEFENDANTS' NON-PARTY SUBPOENA DUCES TECUM
Pursuant to CPLR 3122, Greenland US Holding, Inc. a/k/a Greenland Group Co.,
Greenland Company USA, Greenland US (collectively "Greenland"), by Greenland's
undersigned counsel, responds and objects to the non-party subpoena duces tecum, dated October
22, 2014 (the "Subpoena"), served by defendants/third-party plaintiffs Skanska Modular LLC
("Skanska Modular") and Richard A. Kennedy ("Kennedy") (collectively "Defendants") as
follows:

GENERAL OBJECTIONS
1.

Greenland's General Objections and Objections to Instructions and

Definitions, as set forth below, are incorporated by reference into each and every Specific
Objection and Response to the individual document requests in Schedule A of the Subpoena (the
"Requests") as if fully set forth therein.
2.

Greenland objects to the Subpoena to the extent it seeks the production of

documents that are not relevant or material to, or reasonably calculated to lead to the discovery
of, admissible evidence in the above-captioned matter (the "FCRC Modular Action"), and to the
extent it seeks information concerning a previously-filed action by Skanska Modular's parent
company, Skanska USA Building Inc. ("Skanska USA"), of which Kennedy is Chief Operating
Officer. See Skanska USA Building Inc. v. Atlantic Yards B2 Owner, et al., N.Y. Supreme Court,
N.Y. County Index No. 652680/2014 (the "Skanska Action"). Any effort to use the Subpoena in
the FCRC Modular Action to obtain backdoor discovery for the Skanska Action, especially while
a motion to dismiss is currently pending in that action, is improper.
3.

Greenland objects to the burden of responding to the Subpoena before the

Court has ruled on plaintiff's and third party defendants' Motion to Dismiss Counterclaim and
Third Party Complaint (the "Motion"). As a consequence of the Motion, all discovery is stayed
pursuant to CPLR 3214(b). Moreover, it is Greenland's understanding that the Motion seeks to
dismiss the very counterclaims which, according to the Subpoena itself, are the reason Greenland
was served with the Subpoena. The granting of the Motion, in whole or in part, would likely
negate, or at least significantly curtail, the need for discovery from Greenland. As such, asking
Greenland to undergo the burden and expense of discovery prior to the resolution of the Motion
is unreasonable, unduly burdensome, and oppressive. Accordingly, at this time, Greenland will
provide objections only, and will produce responsive documents not covered by these objections,
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if any, if the Motion is denied and following a reasonable period after such denial to search for
such documents.
4.

Greenland objects to the Subpoena to the extent it is overbroad, unduly

burdensome, oppressive, vague, ambiguous, duplicative, or cumulative insofar as it seeks

information or production of documents: (a) already in the Defendants' possession, custody or
control; (b) more readily obtainable from parties to the FCRC Modular Action and/or that will be
produced in that action; (c) available from sources that are more convenient, less burdensome or
less expensive; or (d) more readily available to the Defendants than to Greenland. Greenland
further objects to the Subpoena because it is premature insofar as it predates party discovery.
Greenland, as a nonparty, should not be subjected to the burden and cost of locating and
producing documents (especially not broad requests, such as those in the Subpoena), prior to the
completion of efforts to obtain those documents from parties particularly where, as here, most
if not all of the documents that Defendants seek to discover from Greenland are presumably
within the possession, custody, or control of the parties.
5.

Greenland objects to the Subpoena because it seeks unreasonably expansive

categories of documents, including, among other things and without limitation, every document
referring to the B2, B3 or B4 projects. Such Requests suggest that the purpose of the Subpoena
is to engage in a fishing expedition or to harass Greenland, a nonparty, rather than to seek
reasonably targeted documents pertaining to the parties' claims at issue in the FCRC Modular
Action.
6.

Greenland objects to the Subpoena because it contains no temporal limitations.

Greenland objects to the Subpoena to the extent that Defendants seek documents from time
periods that are not relevant to the subject matter of the FCRC Modular Action nor reasonably

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calculated to lead to the discovery of admissible evidence from Greenland, and insofar as it
purports to seek documents created subsequent to the commencement of the FCRC Modular
Action or the anticipation of litigation. Unless otherwise indicated, subject to and without
waiving its general objections, objections to instructions and definitions, and specific objections,
Greenland will limit its responses to the Subpoena to the production of non-privileged,
responsive documents concerning the decision to build the B3 and/or B4 Project(s) modularly as
of April 2014, when Forest City Ratner Companies, LLC allegedly announced to the press that
the B3 Project would be built conventionally.
7.

Greenland objects to the Subpoena to the extent it is inconsistent with or purports

to impose obligations broader in scope than those imposed by the CPLR, the Uniform Civil
Rules of this Court, and/or applicable case law. Greenland expressly disclaims any obligation to
provide any information or documents beyond those required by such rules or case law.
8.

Greenland objects to the Subpoena to the extent it seeks information or documents

outside Greenland's possession, custody or control.

9.

Greenland objects to the Subpoena to the extent it seeks information or calls for

the production of documents protected from discovery by the attorney-client privilege, the work
product doctrine, the common interest or joint defense privilege, or any other applicable
privilege or immunity from discovery. Greenland further objects to the Subpoena to the extent it
seeks confidential business and financial information or documents, proprietary or sensitive
commercial information or documents, and/or trade secrets or other confidential information or
documents.
10.

Greenland objects to the Subpoena to the extent it contains inaccurate, incomplete

or misleading descriptions of the facts, events and pleadings underlying this or any other action.

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The production of any information or documents shall not constitute Greenland's agreement with
or acquiescence to any such description.
11.

No objection or limitation, or lack thereof, made in these objections shall be

deemed an admission by Greenland as to the existence or nonexistence of documents, and any

response provided herein that states that information or documents will be provided or produced
is not a representation that any such information or documents exist. Instead, it is a
representation that, subject to and without waiver of Greenland's other objections, nonprivileged documents, if any, that are responsive to such document requests that are located in a
reasonable search will be produced.
12.

In providing responses to the Subpoena, Greenland does not in any way waive or

intend to waive, but rather intends to preserve and does preserve:

13.

(a)

All objections as to relevancy, materiality, competency, privilege,

confidentiality, authenticity and admissibility;

(b)

All objections as to overbreadth, undue burden and oppressiveness or that

the information sought is duplicative, cumulative, irrelevant and/or that
the Defendants have failed to establish that said material is reasonably
calculated to lead to the discovery of admissible evidence;

(c)

All rights to object on any ground to the use of any of the documents and
information produced in response to the requests in any proceeding,
including the trial of this or any other action;

(d)

All objections as to vagueness and ambiguity;

(e)

All rights to object on any ground to any further requests involving or

relating to any of the requests; and

(f)

All rights at any time to revise, correct, supplement or clarify the

responses and objections propounded herein.

Greenland reserves its right to supplement its responses and objections to the

requests consistent with further investigation and discovery.

OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS

1.

Greenland objects to the Subpoena's instructions and definitions 1, 3, and 4,

which refer to a party's or non-party's "members, officers, former officers, directors, former
directors, agents, former agents, employees, former employees, partners, former partners,
assignees, successors, parent organizations, affiliates, or subsidiaries, or any of its divisions,
branches, or departments and all other persons or entities acting on its behalf." It is impossible
for Greenland to know who Defendants contend satisfy such descriptions for each of the persons
and entities identified, whether such contention is accurate, or the scope of any agent's agency.
Any instructions or definitions incorporating these terms are, therefore, overbroad, unduly
burdensome, oppressive, vague, ambiguous, and incomprehensible. Any response by Greenland
to any individual request incorporating any one or more of these definitions shall not constitute
an admission by Greenland as to whether or not it had any contact with or knowledge of any of
these individuals or entities.
2.

Greenland objects to the Subpoena's instructions and definitions 1 and 3 in that

they are overbroad and use the terms "Skanska" and "Forest City," respectively, to refer to
multiple entities, some of which are not a party to the FCRC Modular Action. For instance,
"Skanska" refers to "Skanska Modular LLC and/or Skanska USA Building Inc." even though
only Skanska Modular is a party to the pending action and these two entities are purportedly
distinct and not interchangeable. Similarly, "Forest City" refers to a number of independently
controlled entities, including Atlantic Yards B2 Owner, LLC, which is not a party to the FCRC
Modular Action.
3.

Greenland objects to definition 5 insofar as it defines "Greenland" to include its

"former officers, . . . former directors, agents, former agents, . . . former employees . . . former

-6

partners, assignees, successors, parent organizations, affiliates, or subsidiaries, . . . and all other
persons or entities acting on its behalf' because this definition is overbroad, vague, ambiguous
and seeks documents not in Greenland's possession, custody or control.
4.

Greenland objects to the definition of the term "Document" insofar as that

definition is more expansive than or inconsistent with the CPLR, the Uniform Civil Rules of this
Court, and/or applicable case law.
SPECIFIC OBJECTIONS AND RESPONSES
Document Request No. 1: The October 2013 non-binding Memorandum of Understanding
between Forest City and Greenland.

Greenland objects to the request to the extent it purports to call for a document in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and is thus available
from sources that are more convenient, less burdensome or less expensive than to Greenland, a
nonparty. Greenland objects to this request insofar as it is duplicative of Defendants' other
requests and seeks a document not relevant to the subject matter of the FCRC Modular Action or
reasonably calculated to lead to the discovery of admissible evidence. The Subpoena states that
production of documents is required because one of the issues in the FCRC Modular Action is
the purported right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope
of this document request goes significantly beyond the scope of that narrow issue and thus
amounts to an improper fishing expedition and/or harassment by Defendants. Greenland objects
insofar as this request seeks a document protected by the attorney-client privilege, the attorney
work product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary

or sensitive commercial information, including trade secret information, confidential contacts,

sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested document in
party document discovery, Greenland will produce the requested document, if any, if it is not
privileged, confidential, or subject to other objection and concerns any decision not to build B3
and/or B4 modularly, following a reasonable period to search for such document.
Document Request No. 2: The agreement entered into by and between Greenland and Forest
City, on or about December 16, 2013 to create a joint venture.

Greenland objects to the request to the extent it purports to call for a document in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and is thus available
from sources that are more convenient, less burdensome or less expensive than to Greenland.
Greenland objects to this request because it is duplicative of Defendants' other requests, vague
and ambiguous, and seeks documents in no way relevant to the subject matter of the FCRC
Modular Action, or reasonably calculated to lead to the discovery of admissible evidence. The
Subpoena states that production of documents is required because one of the issues in the FCRC
Modular Action is the purported right of FC+S to a contract to perform work on the B3 and B4
Projects. The scope of this document request goes significantly beyond the scope of that narrow
issue and thus amounts to an improper fishing expedition and/or harassment by Defendants.
Greenland objects insofar as this request seeks documents protected by the attorney-client
privilege, the attorney work product doctrine, the common interest privilege or other privileges
or immunities from production. Greenland also objects to this request to the extent it seeks

production of proprietary or sensitive commercial information, including trade secret

information, confidential contacts, sources, information protected by contract, or other nonpublic information. Subject to and without waiving its general objections, objections to
instructions and definitions, and specific objections, if the Motion is denied and if no party is
able to produce the requested document in party document discovery, Greenland will produce the
requested document, if any, if it is not privileged, confidential, or subject to other objection and
concerns any decision not to build B3 and/or B4 modularly, following a reasonable period to
search for such document.
Document Request No. 3: The June 30, 2014 Joint Venture Agreement between Forest City
and Greenland.

Greenland objects to the request to the extent it purports to call for a document in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and is thus available
from sources that are more convenient, less burdensome or less expensive than to Greenland.
Greenland objects to this request because it is duplicative of Defendants' other requests, and
seeks documents in no way relevant to the subject matter of the FCRC Modular Action, or
reasonably calculated to lead to the discovery of admissible evidence. The Subpoena states that
production of documents is required because one of the issues in the FCRC Modular Action is
the purported right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope
of this document request goes significantly beyond the scope of that narrow issue and thus
amounts to an improper fishing expedition and/or harassment by Defendants. Greenland objects
insofar as this request seeks documents protected by the attorney-client privilege, the attorney
work product doctrine, the common interest privilege or other privileges or immunities from

production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested document in
party document discovery, Greenland will produce the requested document, if any, if it is not
privileged, confidential, or subject to other objection and concerns any decision not to build B3
and/or B4 modularly, following a reasonable period to search for such document.
Document Request No. 4: All documents concerning the closing of the transaction for the Joint
Venture Agreement.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody, and control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, vague and ambiguous, and seeks
documents in no way relevant to the subject matter of the FCRC Modular Action, or reasonably
calculated to lead to the discovery of admissible evidence. The Subpoena states that production
of documents is required because one of the issues in the FCRC Modular Action is the purported
right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope of this
document request goes significantly beyond the scope of that narrow issue and thus amounts to
an improper fishing expedition and/or harassment by Defendants. Greenland objects insofar as
this request seeks documents protected by the attorney-client privilege, the attorney work

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product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
not privileged, confidential, or subject to other objection and concern any decision not to build
the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.
Document Request No. 5: All documents concerning FC+S.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, and seeks documents not reasonably
calculated to lead to the discovery of admissible evidence in the FCRC Modular Action. The
Subpoena states that production of documents is required because one of the issues in the FCRC
Modular Action is the purported right of FC+S to a contract to perform work on the B3 and B4
Projects. The scope of this document request goes significantly beyond the scope of that narrow
issue and thus amounts to an improper fishing expedition and/or harassment by Defendants.

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Greenland objects insofar as this request seeks documents protected by the attorney-client
privilege, the attorney work product doctrine, the common interest privilege or other privileges
or immunities from production. Greenland also objects to this request to the extent it seeks
production of proprietary or sensitive commercial information, including trade secret
information, confidential contacts, sources, information protected by contract, or other nonpublic information.
Document Request No. 6: All hold harmless agreements or documents whereby FCRC
Modular and/or Forest City agree to indemnify and/or hold Greenland harmless from any claims
made by Skanska or FC+S.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, vague and ambiguous, and seeks
documents not reasonably calculated to lead to the discovery of admissible evidence in the
FCRC Modular Action. The Subpoena states that production of documents is required because
one of the issues in the FCRC Modular Action is the purported right of FC+S to a contract to
perform work on the B3 and B4 Projects. The scope of this document request goes significantly
beyond the scope of that narrow issue and thus amounts to an improper fishing expedition and/or
harassment by Defendants. Greenland objects insofar as this request seeks documents protected
by the attorney-client privilege, the attorney work product doctrine, the common interest
privilege or other privileges or immunities from production. Greenland also objects to this

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request to the extent it seeks production of proprietary or sensitive commercial information,

including trade secret information, confidential contacts, sources, information protected by
contract, or other non-public information.
Document Request No. 7: All documents referring or relating to any rights of FC+S to
construct the B3 and/or B4 Project.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, overbroad, unduly burdensome, oppressive, vague and ambiguous as it is unclear what
"relating to any rights of FC+S to construct the B3 and/or B4 Project" means. Greenland objects
insofar as this request seeks documents protected by the attorney-client privilege, the attorney
work product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
not privileged, confidential, or subject to other objection and concern any decision not to build
the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.

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Document Request No. 8: All documents referring or relating to the decision to build the B3
Project by conventional methods and not by modular construction methods.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, vague and ambiguous. Greenland objects
insofar as this request seeks documents protected by the attorney-client privilege, the attorney
work product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
not privileged, confidential, or subject to other objection and concern any decision not to build
the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.

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Document Request No. 9: All documents referring or relating to the decision to build the B4
Project by conventional methods and not by modular construction methods.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, vague and ambiguous. Greenland objects
insofar as this request seeks documents protected by the attorney-client privilege, the attorney
work product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
not privileged, confidential, or subject to other objection and concern any decision not to build
the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.

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Document Request No. 10: All documents referring or relating to communications concerning
the selection of architects for the next three buildings to be constructed at Pacific Park Brooklyn.
(commencing with the first building which is to be constructed after the B2 Project).

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, vague and ambiguous, and seeks
documents not in any way relevant to the subject matter of the FCRC Modular Action, and not
reasonably calculated to lead to the discovery of admissible evidence. The Subpoena states that
production of documents is required because one of the issues in the FCRC Modular Action is
the purported right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope
of this document request goes significantly beyond the scope of that narrow issue and thus
amounts to an improper fishing expedition and/or harassment by Defendants. Greenland objects
insofar as this request seeks documents protected by the attorney-client privilege, the attorney
work product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
not privileged, confidential, or subject to other objection and concern any decision not to build
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the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.
Document Request No. 11: All documents referring or relating to Skanska.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, vague and ambiguous, and seeks
documents not in any way relevant to the subject matter of the FCRC Modular Action, or
calculated to lead to the discovery of admissible evidence. As written, and as the term Skanska
is defined, this request seeks documents referring to or relating to any Skanska entity in the
world, and is not at all tailored to relate to the FCRC Modular Action. The Subpoena states that
production of documents is required because one of the issues in the FCRC Modular Action is
the purported right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope
of this document request goes significantly beyond the scope of that narrow issue and thus
amounts to an improper fishing expedition and/or harassment by Defendants. Greenland objects
insofar as this request seeks documents protected by the attorney-client privilege, the attorney
work product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information.

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Document Request No. 12: All documents referring or relating to the B2 Project.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, and seeks documents not in any way
relevant to the subject matter of the FCRC Modular Action, or calculated to lead to the discovery
of admissible evidence. As written, this request seeks every document that in any way refers or
relates to the B2 Project, without regard to whether that document has anything to do with the
issues in dispute in the FCRC Modular Action. The Subpoena states that production of
documents is required because one of the issues in the FCRC Modular Action is the purported
right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope of this
document request goes significantly beyond the scope of that narrow issue and thus amounts to
an improper fishing expedition and/or harassment by Defendants. Greenland objects insofar as
this request seeks documents protected by the attorney-client privilege, the attorney work
product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information.

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Document Request No. 13: All documents referring or relating to the B3 Project.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, and seeks documents not in any way
relevant to the subject matter of the FCRC Modular Action, or calculated to lead to the discovery
of admissible evidence. As written, this request seeks every document that in any way refers or
relates to the B3 Project, without regard to whether that document has anything to do with the
issues in dispute in the FCRC Modular Action. The Subpoena states that production of
documents is required because one of the issues in the FCRC Modular Action is the purported
right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope of this
document request goes significantly beyond the scope of that narrow issue and thus amounts to
an improper fishing expedition and/or harassment by Defendants. Greenland objects insofar as
this request seeks documents protected by the attorney-client privilege, the attorney work
product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
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not privileged, confidential, or subject to other objection and concern any decision not to build
the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.
Document Request No. 14: All documents referring or relating to the B4 Project.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, and seeks documents not in any way
relevant to the subject matter of the FCRC Modular Action, or calculated to lead to the discovery
of admissible evidence. As written, this request seeks every document that in any way refers or
relates to the B4 Project, without regard to whether that document has anything to do with the
issues in dispute in the FCRC Modular Action. The Subpoena states that production of
documents is required because one of the issues in the FCRC Modular Action is the purported
right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope of this
document request goes significantly beyond the scope of that narrow issue and thus amounts to
an improper fishing expedition and/or harassment by Defendants. Greenland objects insofar as
this request seeks documents protected by the attorney-client privilege, the attorney work
product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,

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sources, information protected by contract, or other non-public information. Subject to and

without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
not privileged, confidential, or subject to other objection and concern any decision not to build
the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.
Document Request No. 15: All documents referring or relating to communications regarding
FC+S.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, and seeks documents not in any way
relevant to the subject matter of the FCRC Modular Action, or calculated to lead to the discovery
of admissible evidence. As written, this request seeks every document "referring or relating to"
any communication "regarding" FC+S, regardless of whether that document has anything to do
with the issues in dispute in the FCRC Modular Action. The Subpoena states that production of
documents is required because one of the issues in the FCRC Modular Action is the purported
right of FC+S to a contract to perform work on the B3 and B4 Projects. The scope of this
document request goes significantly beyond the scope of that narrow issue and thus amounts to
an improper fishing expedition and/or harassment by Defendants. Greenland objects insofar as

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this request seeks documents protected by the attorney-client privilege, the attorney work
product doctrine, the common interest privilege or other privileges or immunities from
production. Greenland also objects to this request to the extent it seeks production of proprietary
or sensitive commercial information, including trade secret information, confidential contacts,
sources, information protected by contract, or other non-public information. Subject to and
without waiving its general objections, objections to instructions and definitions, and specific
objections, if the Motion is denied and if no party is able to produce the requested documents in
party document discovery, Greenland will produce the requested documents, if any, if they are
not privileged, confidential, or subject to other objection and concern any decision not to build
the B3 and/or B4 Projects modularly, following a reasonable period to search for such
documents.
Document Request No. 16: All documents referring or relating to any existing agreement
between Skanska and Forest City and/or FCRC Modular.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, and seeks documents not in any way
relevant to the subject matter of the FCRC Modular Action, or calculated to lead to the discovery
of admissible evidence. As written, and as the relevant terms have been defined, this requests
seeks every document "referring or relating to any existing agreement between Skanska and
Forest City and/or FCRC Modular," without regard to whether that document has anything to do

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with the issues in dispute in the FCRC Modular Action, and thereby pulls in documents and
agreements relating to entities and issues having nothing to do with the dispute in the FCRC
Modular Action. The Subpoena states that production of documents is required because one of
the issues in the FCRC Modular Action is the purported right of FC+S to a contract to perform
work on the B3 and B4 Projects. The scope of this document request goes significantly beyond
the scope of that narrow issue and thus amounts to an improper fishing expedition and/or
harassment by Defendants. Greenland objects insofar as this request seeks documents protected
by the attorney-client privilege, the attorney work product doctrine, the common interest
privilege or other privileges or immunities from production. Greenland also objects to this
request to the extent it seeks production of proprietary or sensitive commercial information,
including trade secret information, confidential contacts, sources, information protected by
contract, or other non-public information. Subject to and without waiving its general objections,
objections to instructions and definitions, and specific objections, if the Motion is denied and if
no party is able to produce the requested documents in party document discovery, Greenland will
produce the requested documents, if any, if they are not privileged, confidential, or subject to
other objection and concern any decision not to build the B3 and/or B4 Projects modularly,
following a reasonable period to search for such documents.
Document Request No. 17: All documents referring or relating to retaining the design firm(s)
selected for the B3 Project.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to

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Greenland. Greenland objects to this request because it is duplicative of Defendants' other

requests, over broad, unduly burdensome, oppressive, vague and ambiguous, and seeks
documents not in any way relevant to the subject matter of the FCRC Modular Action, and not
reasonably calculated to lead to the discovery of admissible evidence. To the best of
Greenland's knowledge, the FCRC Modular Action does not relate, in any way, to selection of
design firms. The Subpoena states that production of documents is required because one of the
issues in the FCRC Modular Action is the purported right of FC+S to a contract to perform work
on the B3 and B4 Projects. The scope of this document request goes significantly beyond the
scope of that narrow issue and thus amounts to an improper fishing expedition and/or harassment
by Defendants. Greenland objects insofar as this request seeks documents protected by the
attorney-client privilege, the attorney work product doctrine, the common interest privilege or
other privileges or immunities from production. Greenland also objects to this request to the
extent it seeks production of proprietary or sensitive commercial information, including trade
secret information, confidential contacts, sources, information protected by contract, or other
non-public information. Subject to and without waiving its general objections, objections to
instructions and definitions, and specific objections, if the Motion is denied and if no party is
able to produce the requested documents in party document discovery, Greenland will produce
the requested documents, if any, if they are not privileged, confidential, or subject to other
objection and concern any decision not to build the B3 and/or B4 Projects modularly, following a
reasonable period to search for such documents. All documents referring or relating to retaining
the design firm(s) selected for the B4 Project.

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Document Request No. 18: All documents referring or relating to retaining the design firm(s)
selected for the B4 Project.

Greenland objects to the request to the extent it purports to call for documents in
the possession, custody or control of and/or more readily obtainable from parties to the FCRC
Modular Action and/or that will be produced in the FCRC Modular Action, and are thus
available from sources that are more convenient, less burdensome or less expensive than to
Greenland. Greenland objects to this request because it is duplicative of Defendants' other
requests, over broad, unduly burdensome, oppressive, vague and ambiguous, and seeks
documents not in any way relevant to the subject matter of the FCRC Modular Action, and not
reasonably calculated to lead to the discovery of admissible evidence. To the best of
Greenland's knowledge, the FCRC Modular Action does not relate, in any way, to selection of
design firms. The Subpoena states that production of documents is required because one of the
issues in the FCRC Modular Action is the purported right of FC+S to a contract to perform work
on the B3 and B4 Projects. The scope of this document request goes significantly beyond the
scope of that narrow issue and thus amounts to an improper fishing expedition and/or harassment
by Defendants. Greenland objects insofar as this request seeks documents protected by the
attorney-client privilege, the attorney work product doctrine, the common interest privilege or
other privileges or immunities from production. Greenland also objects to this request to the
extent it seeks production of proprietary or sensitive commercial information, including trade
secret information, confidential contacts, sources, information protected by contract, or other
non-public information. Subject to and without waiving its general objections, objections to
instructions and definitions, and specific objections, if the Motion is denied and if no party is
able to produce the requested documents in party document discovery, Greenland will produce

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the requested documents, if any, if they are not privileged, confidential, or subject to other
objection and concern any decision not to build the B3 and/or B4 Projects modularly, following a
reasonable period to search for such documents.

Dated: New York, New York

March 16, 2015
DLA PIPER LLP
By:
Anthony P.
Joe Alonzo
1251 Avenue of the Americas
New York, New York 10020
(212) 335-4500
Attorneys for Non-Parties Greenland US Holding,
Inc. a/k/a Greenland Group Co., Greenland
Company USA, Greenland US

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