BLAU & BONAVICH

ATTORNEYS AT LAW

140 SOUTH DEARBORN STREET B SUITE 1610

CHICAGO, IL 60603-5202

PHONE: (312) 443-1600

 FAX: (312) 443-1665

Leslie A. Blau

Peter R. Bonavich

June 20, 2007

 Of counsel

David G. Duggan

Frank J. Kokoszka 

James R. Latta

John Janczur

VIA FAX to (866) 407-1514

Alison Cohen, Esq.

Nixon Peabody LLP

437 Madison Avenue

New York, NY 10022

Re: Joseph Stevens & Co., Inc., v. David Cikanek, Case #07 CV 3385

Dear Alison:

I am following up on our conversation of last week and yesterday, and my voice mails of

this evening at 6:05 p.m. and 7:35 p.m. my time.

I called Elisa Dreier Reporting Corp. about the transcript of the first two days of the

arbitration (March 19 and 20, 2007) and spoke to a man named Joseph. He told me that your

firm had already ordered and received a copy of the entire transcript of those first two days.

Additionally, Renan Sugarman believes that your firm most certainly transcribed the rest of the

hearing (the last two days), because you have attached excerpts of that to your application. So

he believes that you have those, too.

Alison, I do not think I should have to re-order these transcripts. I offered to split the

cost with you and you refused. I made that offer even though I believe that it is Nixon

Peabody’s sole responsibility to supply Judge Jones with a complete record of the hearing--

including all exhibits--not just the selected portions you deem helpful to the application to vacate

filed by Joseph Stevens & Company. There is no legitimate basis for your law firm’s refusal to

provide the judge with records that you admit you have. That refusal forces Mr. Cicanek – who

is the Respondent in this vacatur proceeding – to spend money to obtain records that you have in 

Case 1:07-cv-03385-BSJ-KNF Document 22-3 Filed 07/10/2007 Page 1 of 2
BLAU & BONAVICH

ATTORNEYS AT LAW

140 SOUTH DEARBORN STREET B SUITE 1610

CHICAGO, IL 60603-5202

PHONE: (312) 443-1600

 FAX: (312) 443-1665

Leslie A. Blau

Peter R. Bonavich

July 10, 2007

 Of counsel

David G. Duggan

Frank J. Kokoszka 

James R. Latta

John Janczur

Alison Cohen, Esq.

Nixon Peabody LLP

New York, NY 

June 20, 2007

page two

your possession and should have filed. It also makes no sense, since you are only increasing

court reporter costs that Mr. Cikanek will ultimately seek to recover if he prevails.

Accordingly, I respectfully demand that you immediately file with the court a copy of the

complete transcript of the entire hearing, along with all exhibits. To the extent you have any

trouble gathering all of the exhibits, although Renan tells me that you and Marty Russo made

sure to compile a complete set just before you left the hearing room at the end of the arbitration,

he will work with you to assemble a complete set of all exhibits. Should you decide not to do so,

it is Mr. Cikanek’s intention to raise this matter with the court. Please let me have your

response to this demand by next Monday at 6:00 p.m. 

I would love to avoid motion practice on this. I look forward to hearing from you. Thank

you.

Sincerely,

Leslie A. Blau

cc. (by fax): Renan Sugarman, Esq.

Case 1:07-cv-03385-BSJ-KNF Document 22-3 Filed 07/10/2007 Page 2 of 2