UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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COMMODORE FACTORS CORP. 07 cv 3433

Plaintiff,

-againstRICHARD COCHERL AND JANICE COCHERL

Defendants.

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PLAINTIFF’S INITIAL DISCLOSURES PURSUANT TO RULE 26(a)(1) OF THE

FEDERAL RULES OF CIVIL PROCEDURE

Plaintiff, Commodore Factors Corp. (“Plaintiff” or “Commodore”) hereby makes

the following initial disclosures pursuant to Rule 26(a) of the Federal Rules of Civil

Procedure (the “Bankruptcy Rules”). These disclosures are made to the best of Plaintiff’s

knowledge at the time of service. Plaintiff reserves the right to supplement these

disclosures at any time should additional information become available. All individuals,

documents and other material and information disclosed are without prejudice to the

Plaintiff’s rights to assert any applicable objections or privilege, and such rights are

hereby specifically reserved.

1. Witnesses: The names and, if known, the addresses and telephone numbers of the

individuals likely to have discoverable information that Plaintiff may use to support its

claims (other than for impeachment), with the subject of the information in parenthesis

(without necessarily limiting the potential subject matter of that information) are follows:

Case 1:07-cv-03433-TPG Document 5 Filed 06/26/2007 Page 1 of 4
a. Howard Rubin, Officer of the Plaintiff, c/o Lazarus &

Lazarus, P.C., 240 Madison Avenue, New York, New York,

10016; 212.889.7400/ (The material allegations of the

Complaint.).

b. Scott Gins, Officer/Shareholder of Jan R. Inc., 75 Fairhaven

Drive, Allendale, New Jersey, 07401. ( The material

allegations of the Complaint).

2. Documents: The following is a description by category of all documents, data, 

compilations and tangible things in Plaintiff’s custody, control or possession that may be

used to support its claim. Nothing herein precludes Plaintiff from supplementing,

amending or modifying these as discoverable information becomes available.

a. Correspondence.

b. Jan R. Inc. Accounts Receivable Ledgers.

c. Jan R. Inc. Invoices

d. Jan R. Inc. - Commodore Factoring Agreement 

e. Guarantees of Richard and Janice Cocherl.

f. Jan R. Inc. - Commodore Client Ledger.

g. Commodore - Jan R. Inc. Account Statements.

h. Other Financial Documents.

3. Damages: A computation of any category of damages claimed by Plaintiff is as

follows: Damages were computed by an analysis of the credits and debits and all

invoices and payments under the Jan R. Inc. - Commodore Factoring Agreement.

Case 1:07-cv-03433-TPG Document 5 Filed 06/26/2007 Page 2 of 4
4. Insurance

Not applicable.

This statement reflects what is known as of this date only, prior to discovery and

prior to completion of any analysis of all of the facts.

Dated: New York, New York

June 26, 2007

LAZARUS & LAZARUS, P.C.

Attorneys for Plaintiff

By: /S/ Gilbert A. Lazarus, Esq. 

Gilbert A. Lazarus [GAL-102]

240 Madison Avenue, 8th. Flr.

New York, New York, 10016

212-889-7400

Case 1:07-cv-03433-TPG Document 5 Filed 06/26/2007 Page 3 of 4
CERTIFICATE OF SERVICE

The undersigned hereby certifies that one copy of the attached Plaintiff’s Initial

Disclosure Pursuant to Rule 26(a) of the Federal Rules of Civil Procedure was served this

26th day of June, 2007, upon the following individuals in the manner designated via first

class mail:

TO: STEIN, MCGUIRE, PANTAGES & GIGL, LLP

Eisenhower Plaza II

354 Eisenhower Parkway

Livingston, New Jersey 07039

Attention: Michael F. Martino, Esq.

GENOVA, BURNS & VERNOIA

Eisenhower Plaza II

354 Eisenhower Parkway

Livingston, New Jersey 07039

Attention: Dina M. Mastellone, Esq.

/S/ Gilbert A. Lazarus, Esq. 

Gilbert A. Lazarus [GAL-1025]

Case 1:07-cv-03433-TPG Document 5 Filed 06/26/2007 Page 4 of 4