UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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COMMODORE FACTORS CORP., Index No.:

 07-CV-3433 (TPG)

Plaintiff,

-against- 

 

RICHARD COCHERL and JANICE COCHERL,

Defendants/Third-Party Plaintiffs,

-againstSCOTT GINS and ANGELA GINS,

Third-Party Defendants.

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THIRD-PARTY DEFENDANT’S DISCLOSURES PURSUANT TO RULE 26(a)(1)

 OF THE FEDERAL RULES OF CIVIL PROCEDURE 

Third-Party Defendants, SCOTT GINS and ANGELA GINS,

hereby make the following initial disclosures pursuant to Rule

26(a) of the Federal Rules of Civil Procedure (FRCP). These

disclosures are made to the best of third-party defendants’

knowledge at the time of service. Third-Party Defendants reserve

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 third-party defendants’ right to assert any

applicable objections or privilege, and such rights are hereby

specifically reserved.

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1. WITNESSES: The names and if known, the addresses and

telephone numbers of the individuals likely to have discoverable

information that third-party defendants may use to support their

defense and counterclaims (other than impeachment), with the

subject of the information in parenthesis (without necessarily

limiting the potential subject matter of that information) are as

follows: 

(a) Scott Gins, 75 Fairhaven Drive, Allendale, New Jersey

07401-1121 (the material allegations of the Answer and

Counterclaim);

(b) Howard Rubin, Officer of plaintiff, c/o Lazarus &

Lazarus, P.C., 240 Madison Avenue, 8 Floor, New York, New York th

10016 (the material allegations of the Answer and Counterclaim);

(c) Richard Cocherl, third-party plaintiff, Chairman,

President, Shareholder of Jan R., Inc., 109 Forest Road, Allendale,

New Jersey 07401 (the material allegations of the Answer &

Counterclaim);

(d) Janice Cocheral, defendant, 109 Forest Road,

Allendale, New Jersey 07401 (the material allegations of the Answer

& Counterclaim);

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(e) Asheesh Mathor, 100 Manhattan Avenue, 31602, Union

City, New Jersey 07087 (the material allegations of the Answer &

Counterclaim); and

(f) Frank Catrone, 169 Young Avenue, Cedar Grove, New

Jersey 07009 (the material allegations of the Answer &

Counterclaim).

2. DOCUMENTS: The following is a description by category

of all documents, data, compilations and tangible things in thirdparty defendants’ custody, control or possession that may be used

to support its claim. Nothing herein precludes third-party

defendants from supplementing, amending or modifying these as

discoverable information becomes available.

(a) Correspondence;

(b) Jan R., Inc. - Commodore Factoring Agreement;

(c) Guarantees of Richard and Janice Cocherl;

(d) Financial documents from Valley National Bank,

account no.: 63409417; and

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(e) Financial documents from Wachovia Bank for account

no.: 3696-6245.

3. DAMAGES: A computation of any category of damages

claimed by third-party defendants is as follows: Damages on the

first Counterclaim were computed by the analysis of the credits,

debits and payments under the Jan R., Inc. - Commodore Factoring

Agreement. Damages on the Second and Third Counterclaim were

computed by analysis of the monies third-party defendants loaned to

Richard Cocherl in June, 2005 and December, 2005.

4. INSURANCE: Not applicable.

This statement reflects what is now 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

January 15, 2008

Yours, etc.,

THE LAW OFFICES OF 

DAVID M. SCHREIER

By: 

David M. Schreier (DS 2112)

Attorneys for Third-Party

Defendant SCOTT GINS

and ANGELA GINS

240 Madison Avenue, 8 Floor th

New York, New York 10016

212-889-0686

Case 1:07-cv-03433-TPG Document 13 Filed 01/15/2008 Page 4 of 5
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TO: Stein, McGuire, Panteges

 & Gigl, LLP

Attorneys for Defendant and

Third-Party Plaintiff

RICHARD COCHERL

P.O. Box 460

354 Eisenhower Parkway

Suite 2500

Livingston, New Jersey 07039

973-992-1100

Genova, Burns & Vernoia

Attorneys for Defendant

JANICE COCHERL

Eisenhower Plaza

354 Eisenhower Parkway

Livingston New Jersey 07039-1023

973-535-0777

Lazarus & Lazarus

Attorneys for Plaintiff

COMMODORE FACTORS CORP.

240 Madison Avenue, 8 Floor th

New York, New York 10016

212-889-7400

DISCLOSURES\Gins.J14

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