Complaint vs. Darien’s Madoff et al.

RETURN DATE: JANUARY 72,201o
MCK 15, LLC and SAMUEL B. FULLER
V
JOHN J. DiMENNA, JR.,
WILLIAM A. MERRITT, JR., THOMAS L. KELLY, JR.
PARK SQUARE WEST ASSOCIATES, LLC and SEABOARD HOTEL ASSOCIATES, LLC
SUPERIOR COURT
JUDICIAL DISTRICT OF STAMFORDN{ORWALK
AT STAMFORD
DECEMBER 18, 2015
COMPLAINT
The Parties
i. The Plaintiff, MCK 15, LLC (“MCK 15”) is a Connecticut limited liability
company with a business address of c/o Spinnaker Real Estate Partners LLC,1 Norlh Water Street, Suite 100, Norwalk, Connecticut. MCK 15’s manager is Clayton H. Fowler (“Fowler”).
2. The Plaintiff, Samuel B. Fuller (“Fuller”) is an individual who resides at 40 Contentment Island Road, D arien, C onnecti cut.
3. The Defendant, Jolin J. DiMenna, Jr. (“DiMenna”), is an individual who resides at 19 Rockwell Lane, Darien, Connecticut.
4. The Defendant, William A. Merritt, Jr. (“Merritt”), is an individual who resides at 83 Brookside Road, Darien, Connecticut.
5. The Defendant, Thomas L. Kelly, Jr. (“Kelly”), is an individual who resides at 130 Brookline Drive, Pinehurst, Norlh Carolina.
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6. At all relevant times, each of the individual Defendants was a Managing Member of Seaboard Realty, LLC (“Seaboard”). Seaboard is a Connecticut limited liability company engaged in the real estate investment business.
7. The Defendant, Park Square West Associates, LLC (“Park Square’West Associates”) is a Delaware limited liability company with a business address c/o Seaboard Realty, LLC,1 Atlantic Street, Stamford, Connecticut.
8. The Defendant, Seaboard Hotel Associates,LLC (“seaboard Hotel Associates”) is a Delaware limited liability company with a business address c/o Seaboard Realty, LLC, 1 Atlantic Street, Stamford, Connecticut.
Park Square’West Member Associates
g. In 201 1, Seaboard formed Park Square West Associates to acquire a luxury
apartment property known as Park Square’West, located in Stamford, Connecticut (the “Park Square West Properly”). On information and belief, the sole member of Park Square West Associates is Park Square West Member Associates (“Park Square’West Member Associates”), a limited liability company also formed by Seaboard in 2011. At all relevant times, Seaboard was Managing Member of Park Square’West Member Associates.
10. On information and belief, the purchase price for the Park Square West Property was $38.0 million. In order to fund the acquisition of the Park Square West Property, Seaboard, acting through the Defendants as Managing Members, solicited equity investors by offering membership interests in Park Square West Member Associates for sale.
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I 1. Prior to August, 2015, Fuller had invested $400,000 in Park Square West Member Associates and owned a L66Yo Membership Interest in that company.
Seaboard Hotel Member Associates
12. Also in 2011, Seaboard formed Seaboard Hotel Associates to acquire the Maniott
Courtyard Hotel located at275 Summer Street in Stamford, Connecticut (the “Marriott
Courtyard property”). On information and belief, the sole member of Seaboard Hotel Associates
is Seaboard Hotel Member Associates,LLC (“seaboard Hotel Member Associates”), a limited
liability company also formed by Seaboard in 2011. At all relevant times, Seaboard was the
Managing Member of Seaboard Hotel Member Associates.
13. On information and belief, the purchase price for the Marriott Courtyard Property
was $2g.5 million. In order to fund the acquisition of the Marriott Courtyard Property, Seaboard, acting through the defendants as Managing Members, solicited equity investors by offering Membership Interests in Seaboard Hotel Member Associates for sale.
Merritt and Kellv’s owledse of ennâts Questionable and Improper Business Practices
14. On information and belief, prior to August, 2015, the Defendants Merritt and Kelly knew or should have known that DiMenna had engaged in questionable and improper business practices on behalf of Seaboard and its affiliates, including Park Square West Member Associates and Seaboard Hotel Member Associates. For example, the Defendants Menitt and Kelly knew or should have known prior to August, 2075, that the Defendant DiMenna, acting without their knowledge or authorization, had incured substantial debt on behalf of Seaboard
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and its affiliates and had secured that debt through pledges of security interests in the assets of Seaboard and its affiliates, including pledges of security interests in Membership Interests owned by Seaboard and its affiliates.
15. Despite their knowledge of DiMenna’s questionable and improper business practices, Merritt and Kelly failed to take any action to temove DiMenna as a managing member of Seaboard or otherwise curtail his management and financial responsibilities in corurection with the operations of Seaboard and its affiliates.
The Plain ffs’Purchase of Non -Existent Membersh fnterests
16. In August, 2075, DiMenna, purportedly acting on behalf of Seaboard, advised
Fuller of an opportunity to make an additional investment in Park Square ‘West Member Associates. In order to further induce Fuller to make this additional investment, DiMenna represented that a sale of the Park Square’West Property was anticipated by year end and that sale would yield a substantial profit to the investors.
17. On August I”1,2015, and acting in reliance upon the statements and representations of DiMenna described in paragraph 16 above, Fuller signed a Subscription Agreement pursuant to the terms of which he subscribed for an additional $400,000 Membership Interest in Park Square ‘West Member Associates. The following day, he paid for the Membership Interest by wire transfer.
18. In Septemb er,2015, DiMenn a, again purportedly acting on behalf of Seaboard, advised Fuller that there was an additional opporlunity to invest in Park Square Vy’est Member
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Associates, as well as an investment opportunity with respect to Seaboard Hotel Member Associates. Fuller introduced DiMenna to Fowler, who had expressed an interest in investing. On or- about September 14,2015, DiMenna sent a Subscription Agreement and Offering Memorandum for Park Square West Member Associates, as well as a Subscription Agreement and Offering Memoranclum for Seaboard Hotel Member Associates, to Fowler’ In order to further induce Fowler to make an investment in these entities, DiMenna represented to Fowler
that asale of the Park Square Vy’est Property was anticipated by year end and that a sale of the Marriott Courtyard Property was anticipated no later than the hrst quarter of 2016.
19. On or about September 29,2075, Fowler, acting on behalf of MCK 15 and in reliance ¡pon the statements and representations of DiMenna described in paragraph 16 above, signed the Subscription Agreement for Park Square West Member Associates subscribing for a $300,000 Membership Interest in that entity. On or about that same date, Fowlet, again acting on behalf of MCK 15 and in reliance upon the statements and representations of DiMenna described in paragraph 16 above, also signed the Subscription Agreement for Seaboard Hotel Member Associates, subscribing for a $200,000 Membership Interest in that entity. He paid for
both Membership Interests by wire transfers on September 29,2015.
20. Unbeknownst to the Plaintiffs, both Park Square West Member Associates and
Seaboard Hotel Member Associates were fully subscribed at the time that the Plaintiffs signed their respective Subscription Agreements and paid for their respective Membership Interests. As a result, neither of the Plaintiffs received the Membership Interests for which they had paid’
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21. In his dealings with the Plaintifls in August and September,2015, DiMenna failed to disclose to them that both Park Square West Member Associates and Seaboard Hotel Member Associates were fully subscribed and that no additional Membership Interests were available in either entity.
FIRST COUNT ud as to DiMenna):
l.-21. The Plaintifß repeat and reallege each of the allegations set forth paragraphs 1 through 21 above as if fully set forth herein.
22. DiMenna knowingly and falsely represented to the Plaintifß that additional Membership Interests in Park Square West Member Associates and Seaboard Hotel Member Associates were available for sale to the Plaintifß. He knowingly and intentionally failed to disclose to the Plaintiffs that Park Square ‘West Member Associates and Seaboard Hotel Member Associates were fully subscribed at the time that he solicited their investments in those entities. He further knowingly and intentionally failed to disclose to the Plaintiffs that he did not plan to issue Membership Interests in those entities to the Plaintiffs after receiving payment from them.
23. DiMenna’s false representations and omissions set forlh in paragraph 22 above were material and misleading, and were knowingly and intentionally made or omitted in order to induce the Plaintiffs to purchase the subject Membership Interests.
24. Acting ín reliance upon DiMenna’s false representations and omissions, and without knowledge of the untruth and omissions, the Plaintiffs were induced to wire substantial sums to accounts controlled by DiMenna to pay for the non-existent Membership Interests.
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25. As a result of DiMenna’s intentional misrepresentations, the Plaintiffs have been
damaged.
SECOND COUNT (Neeligent Misrepresentation as to DiMenna):
1.-21. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs 1
through 2l above as if fully set forlh herein.
22. DiMenna falsely represented to the Plaintiffs that additional Membership Interests
in Park Square West Member Associates and Seaboard Hotel Member Associates were available for sale to the Plaintiffs. He failed to disclose to the Plaintiffs that Park Square’West Member Associates and Seaboard Hotel Member Associates were fully subscribed at the time that he solicited their investments in those entities.
23. DiMenna’s false representations and omissions set forth in paragraph 22 above
were material and misleading and were made or omitted in order to induce the Plaintiff to
purchase the subject Membership Interests.
24. The Plaintiffs justifiably relied upon the information supplied by DiMenna, to
their pecuniary detriment.
25 . As a direct and proximate result of DiMenna’s negligent representations, the
Plaintiffs have been damaged. COUNT version as to
l.-21. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs 1 through 2I above as if fully set forth herein.
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22. The accounts into which the Plaintiffs wired funds to pay for the non-existent Membership Interests in Park Square West Member Associates and Seaboard Hotel Member’ Associates (the “Controlled Accounts”) were controlled by DiMenna.
23. DiMenna deprived the Plaintiffs of the use and benefit of the funds wired into the Controlled Accounts and used said funds for unauthorized purposes.
24. DiMenna’s exercise of ownership and control over the funds wired by the Plaintiffs into the controlled accounts and his use of the Plaintiffs’ funds for unauthorized purposes caused harm to the Plaintiffs and constitutes conversion of the Plaintifß’ property F’OURTH COIINT lStatutorv Theft I n. Gen. Stat. S52-564) as to T)iMenna):
l.-24. The Plaintiffs repeat and reallege each of the allegations set forth in paragraphs I through 24 of the Third Count, as if fully set forth herein’
25. DiMenna wrongfully took, obtained and used for unauthorized purposes the funds wired by the Plaintiffs into the Controlled Accounts with the intent to deprive the Plaintiffs of their ploperty, in violation of C.G.S. 552-564.
26. The Plaintifß have been damaged by DiMenna’s wrongful and intentional acts, and are entitled to treble damages pursuant to C.G.S. ç52-564.
FIFTH CO lNeslisence as to tt and Kellv):
I.-21. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs i through 21 above as if fully set forth herein.
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22. As Managing Members of Seaboard, and in connection with their management of the business of both Park Square West Member Associates and Seaboard Hotel Member Associates, Merritt and Kelly failed to exercise due care in one or more of the following ways:
a. They failed to adequately monitor the books, records and accounts of Seaboard, Park Square ‘West Member Associates and Seaboard Hotel Member Associates.
b. They failed to adequately monitor, supervise and control DiMer¡ra’s
action in connection with the business and financial affairs of Seaboard, Park Square West
Member Associates and Seaboard Hotel Member Associates.
c. They failed to have in place adequate safeguards and controls with respect
to the management of the business and financial affairs of Seaboard, Park Square West Member Associates and Seaboard Hotel Member Associates.
d. They failed to promptly terminate DiMenna’s management responsibility with respect to Seaboard and its affiliates (including Park Square West Member Associates and Seaboard Hotel Member Associates) upon discovery of his improper business practices, as described in paragraphs 14 and 15 above, or to otherwise curtail his access to the books, records and accounts of Seaboard and its afhliates and his ability to transact business therein.
23. As a result of the failure of Merritt and Kelly, as managers, to exercise the requisite level of diligence, due care and control with respect to the business and financial affairs of Seaboard and its affiliates (including Park Square West Member Associates and Seaboard Hotel Member Associates), as set forth in paragraph 22 above, DiMenna was able to use the
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good name and reputation of Seaboard to induce the Plaintifß to purchase non-existent Membership Interests in Park Square West Member Associates and Seaboard Hotel Member Associates, and was thereafter able to exercise control of the funds wired by the Plaintiffs to the Controlled Accounts in connection with their purchase of the non-existent Membership Interests, and to use said funds for unauthorized and improper purposes to the detriment of the Plaintiffs.
24. As a direct and proximate result and negligence of Merritt and Kelly, the Plaintiffs have been damaged.
SIXTH COUNT (Breach of Fiduciary Dutv as to Merritt and Kellv):
l.-21. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs 1
through 21 above as if fully set forth herein.
22. At all relevant times, Fuller was a Member of Park Square West Member
Associates, having purchased a Membership Interest in that entity in 2011.
23. As Managing Members of Seaboard and as Managers of Seaboards affiliates
(including Park Square ‘West Member Associates), Merritt and Kelly owed a fiduciary duty to
Fuller.
24. The fiduciary duty owed by Menitt and Kelly to Fuller included the duty to
exercise diligence, due care and control with respect to the business and financial affairs of Seaboard and its affiliates).
25. As set forth in paragraphs 22 and 23 of the Fifth Count, Merritt and Kelly failed to exercise the requisite level of diligence, due care and control with respect to the business
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affairs and financial affairs of Seaboard and its affiliates. As a result, DiMenna was able to use the good name and reputation of Seaboard to induce Fuller to purchase non-existent Membership Interests in Park Square ‘West Member Associates, and was thereafter was able to exercise control over the funds wired by Fuller to a Controlled Account in comection with his purchase of the non-existent Membership Interests, and to use said funds for unauthorized and improper purposes to the detriment of the Plaintiffs.
26. As a result of this breach of fiduciary duty by Merritt and Kelly, Fuller has been damaged.
Stat.
“”
1 .-25. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs 1
through 25 of the Sixth Count above as if fully set forth herein.
26. The Membership Interests in Park Square West Member Associates and Seaboard
Hotel Member Associates offered for sale by DiMenna were “securities” within the meaning of
the Connecticut Uniform Securities Act, Conn. Gen. Stat. $36b-2, et seq.
27. DiMenna’s conduct described above constitutes an offer or sale of a security by
means of an untrue statement of a material fact or an omission to state a material fact necessary to make statements made, in light of the circumstances under which they were made, not misleading, in violation of Conn. Gen. Stat. $36b-29(a)(2).
28. As a result of DiMenna’s violation of Conn. Gen. Stat. $36b-29(a)(2),the Plaintiffs are entitled to recover damages.
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as to DiMenna):
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EIGHTH COUNT lConnecticut Uniform Securities Act fConn- Gen. Stat. E36h-291c) as to Merritt and Kellv)
I.-28. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs 1 through 28 of the Seventh Count above as if fully set forth herein.
29. DiMenna, Seaboard, Park Square West Member Associates and Seaboard Hotel Member Associates are “persons” liable under Conn. Gen. Stat. $36b-29(a) for the offer or sale of a security by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.
30. As persons who directly or indirectly controlled Seaboard, Park Square West Member Associates and Seaboard Hotel Member Associates, and as partners, officers or directors of such entities, or as persons occupying a similar status or performing similar functions, Merritt and Kelly are jointly and severally liable with those entities for their violations of Conn. Gen. Stat. $36b-29(a) pursuant to the provisions of Conn. Gen. Stat. $36b-29(c).
31. As DiMenna’s partners, or as persons occupying a similar status or performing similar functions, Merritt and Kelly are jointly and severally liable with DiMenna for his violations of Conn. Gen. Stat. $36b-29(a) pursuant to the provisions of Conn. Gen. Stat. $36b- 29(c).
NINTH COUNT (Uniust Enrichment to Park Souare West Associates. LLC)
1.-21. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs 1 through 27 above as if fully set forth herem.
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22. On information and belief, the funds wired to a Controlled Account in connection with the Plaintiffs’ acquisition of non-existent Membership Interests in Park Square West Member Associates weLe used, in whole or in part, to fund the operations of Park Square West Member Associates.
23. The Plaintifß did not receive the bargained-for Membership Interests or any other form of benefit or consideration from either Park Square West Member Associates or Park Square West Associates in exchange for the funds used by Park Square ‘West Associates.
24. Park Square’West Associates’ use of the Plaintiffs’ funds was to the Plaintiffs’ detriment.
25. eark Siuare West Associates has been unjustly enriched by its use of the Plaintifß’ funds, and is liable to the Plaintiffs therefor.
TENTH COUNT (Uniust Enrichment as to Seaboard Hotel Associates. LLC)
l.-21. The Plaintiffs repeat and reallege each of the allegations set forth paragraphs 1 through 2l above as if fully set forth herein.
22. On information and belief, the funds wired to a Controlled Account in connection with Fowler’s acquisition of non-existent Membership Interests in Seaboard Hotel Member Associates were used, in whole or in part, to fund the operations of Seaboard Hotel Associates.
23. Fowler did not receive the bargained-for Membership Interests or any other form of benefit or consideration from either Seaboard Hotel Member Associates or Seaboard Hotel Associates in exchange for the funds used by Seaboard Hotel Associates.
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24. Seaboard Hotel Associates’ use of Fowler’s funds was to Fowler’s detriment.
25. Seaboard Hotel Associates has been unjustly enriched by ìts use of Fowler’s funds, and is liable to Fowler therefor.
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V/HEREFORE, the Plaintifß claim: 1 Damages;
2. Treble damages pursuant to Conn. Gen. Stat. $52-564; J. Punitive damages to the extent allowed by law;
4. Prejudgment interest pursuant to Conn. Gen. Stat. $$36b-29(a) and (c);
5. Prejudgment interest pursuant to Conn. Gen. Stat. 537-3a;
6. Attorneys’ fees pursuant to Conn. Gen. Stat. $$36b-29(a) and (c);
7. Costs pursuant to Conn. Gen. Stat. $$36b-29(a) and (c);
8. Costs as otherwise allowed by law; and
9. Such other legal or equitable relief as the Court deems appropriate.
THE PLAINTIFFS,
MCK 15, LLC and SAMUEL B. FULLER
B
w
Birnbaum & Shea
100 Pearl Street – 72Th
Harlford, CT 06103
Telephone : (86$a92-2200
Facsimile: (860)127 -03 6I
E-mail : twitherington@cbshealaw.com
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Waste, Fraud and Abuse

On Monday 1/25/16, I attended the RTM meeting. The RTM voted to turn 35 Leroy over to the BOE. This is the short version. There are aspects of 35 Leroy that were not settled by this meeting. I would characterize these unsettled issues in terms normally used in the context of Washington: waste, fraud and abuse.

Waste
The 35 Leroy portion of the Shuffle is way over budget. It came out at the RTM meeting that the Finance and Budget (F&B) Committee of the RTM is going to tally up the costs. Why aren’t the costs already easily available? Any good manager would already have a spreadsheet with the costs incurred to date and the costs to complete. The clear implication is that Republican First Selectman Jayme “Gone Girl” Stevenson doesn’t have this project under control. The BOS is responsible for the Shuffle including 35 Leroy and should provide the costs. I guess the Education Committee of the RTM will now be putting together the Education budget. In my opinion, F&B Chairman Jack Davis appeared to be falling all over himself to protect “Gone Girl” and I have to worry about the objectivity of whatever analysis Davis comes up with.

Fraud
I cannot allege fraud. However, there are two aspects of 35 Leroy that really concern me. The first is that the contractor went bankrupt just after Darien paid him. Soon thereafter the insurance bond company went bankrupt. The detective books I read tell me not to believe in coincidences. I just have trouble understanding how this could have happened. Did anyone do a credit check? Has town counsel reviewed this fiasco?

The second aspect of 35 Leroy is how could this building get a certificate of occupancy (CO). There are still heating issues and issues with the roof and windows. Those are just the problems I am aware of. Is this building safe? Did Town Counsel review the CO?

Abuse
“Gone Girl” has abused taxpayers by not being forthcoming with the truth about costs. Just admit the problems and tell the truth. People know there are problems and hiding the truth doesn’t help. The second abused group is the contingent of workers at 35 Leroy. They deserve a safe and healthy work environment. It doesn’t appear they have had that safe and healthy work environment. Shame on us for allowing this.

35 Leroy is definitely not a home run. It is a triple of waste, fraud and abuse.

Walter Casey

Developments

Our family moved here in 1984 from Southern California. I had been transferred to Southern California by my employer in 1981 at the peak of a California real estate boom. I remember looking for a home with my wife. We went to one house that had no furniture in it yet there was a young mother inside with an infant. I asked her why there was no furniture and she explained that she and her husband had just purchased the house several months earlier and were just trying to lock in the gain. This was my first exposure to flipping.

During our brief stay in California, the real estate market crashed. I was transferred back to NYC and my employer made us whole on our California home. Thank God. This experience made a lasting impression on me.

We moved to Darien and were very conservative when we chose a house. From our arrival in Darien in 1984 to the end of the 1980s our house more than doubled. Then came the stock market crash, the junk bond crash and the S&L crisis. Our house price dropped by probably one third. I had seen this act before. The financial crises of the late 1980s and early 1990s hurt many Darienites badly. Some never recovered. Fortunately, we were unscathed. My wife and I were employed and had just a small mortgage.

The local real estate market stabilized when UBS moved into Stamford in the early 1990s. During the 1990s, Darien real estate boomed along with Wall Street as the market got caught up in the tech bubble. I had transferred to Wall Street and covered tech on the buy side. Life was great. We then moved to Columbus, Ohio and I managed tech funds for a bank. We rented our house in Darien.

The market in Columbus was also booming. We were very conservative when we bought our home in Columbus because you would always be competing against new homes. There is a lot of open land to build in Ohio. I retired in 2004 at age 59 when the bank was going through a merger. We drove around the country for a while and the moved back to Darien. The market had plateaued in Columbus after 9/11 and we broke even selling our home. We had no mortgage on either our Columbus or Darien home.

We moved back to Darien in late 2004 and real estate was booming again. It was booming not just in Darien but all over the country and the world. In Darien, there were bidding wars for starter homes. There was probably a moment in the mid 2000s when our home was worth 50% more than was reasonable. I had seen this movie twice before.

In August 2005, I started betting against the housing market. I shorted home builders, mortgage companies and banks. I covered my last short in October 2008. I was long only a short term US Treasury mutual fund. I recently saw The Big Short and enjoyed it immensely. I had lived it but on a smaller scale.

Of course, the bubble burst again. This time in 2009. I remember calling my wife to watch the Lehman employees leaving Lehman HQ with their personal items in boxes. I had some friends at Lehman.

The Darien home market crashed again. Many Darienites were badly hurt. Some have not recovered. The trading floors at UBS and RBS are probably food courts. GE is leaving. Wall Street is not as profitable as before. The bloom is off the hedge fund rose. The “recovery” has been fueled by debt. We had a depression in 2009 but avoided its worst effects through massive government intervention. The world is more leveraged now than it ever has been.

Darien real estate has recovered but values are not as crazy as at previous peaks. But we are back to tear downs and huge homes on small plots. My impression is that leverage is alive and thriving. If you drive through Stamford and Norwalk, there are apartment buildings going up everywhere. When we drive through Stamford and Norwalk, my wife likes to count the number of TV dishes, mail boxes and electric meters on single family homes.

I recently read that the Stamford Marriott, Stamford’s flagship hotel, is on the verge of bankruptcy. Now we have discovered that Seaboard Properties and related entities were a fraud. I published the names of the 15 entities that were part of this scam. With so many entities involved, it would be very hard to follow the money. In fact, it was impossible. I have been told that there was no opinion by a CPA firm because it would have been too “expensive.” I have called this Seaboard scam Darien’s Madoff because John DiMenna, our Madoff, was able to entice a number of supposedly sophisticated Darien investors into the scheme. Instead of Madoff’s feeder funds, did DiMenna use shills at Wee Burn to entice his marks? It will be interesting to watch as this fraud unravels.

Enter the developments, Corbin, Palmers and Golden which will define Darien for decades. I am troubled that apparently these developments require breaking existing planning and zoning rules en masses to be financially successful. We now have spot zoning writ large. I am also troubled that I am not sure that many of us moved to Darien for big stores and apartment buildings downtown. If you really want that, there is always Stamford and Norwalk. These developments will change not only the face of Darien but also its character. Is this what we want?

It might be worthwhile to review some history.

Walter Casey

Darien’s Madoff: Early Days?

The following is public information available on the Internet. I am not a lawyer. My reading is that John DiMenna, Darien’s Madoff, tried unsuccessfully to wiggle out of an obligation to a bank because his wife did not sign a note. This was 20 years ago.

I have to wonder if any of Darien’s Madoff’s victims did any due diligence.

Walter Casey

Connecticut Superior Court, Judicial District of Stamford-Norwalk at Stamford·1996 Ct. Sup. 8763 (Conn. Super. Ct. 1996)DIME SAVINGS BANK V. DIMENNA, NO. CV94 0137779 S (OCT. 2, 1996)
DIME SAVINGS BANK VS. JOHN J. DIMENNA, ET AL NO. CV94 0137779 S CONNECTICUT SUPERIOR COURT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD OCTOBER 2, 1996
MEMORANDUM of DECISION RE: MOTION TO STRIKE (#137)

RYAN, J.

The plaintiff, Dime Savings Bank of N.Y., filed a revised, two-count complaint on December 13, 1995, against the defendants, John DiMenna and M. Lynn DiMenna, alleging breach of an agreement and a note. John DiMenna filed a motion to strike (#137) the revised complaint on April 19, 1995, arguing that an express condition precedent had not been fulfilled. The plaintiff filed a memorandum in opposition on April 26, 1996.

“The purpose of a motion to strike is to `contest . . . the legal sufficiency of the allegations of any complaint . . . to state a claim upon which relief can be granted. In ruling on a motion to strike, the court is limited to the facts alleged in the complaint. The court must construe the facts in the complaint most favorably to the plaintiff.” Novametrix Medical Systems, Inc. v. BOC Group, Inc., 224 Conn. 210, 214-15, 618 A.2d 25 CT Page 8764 (1992). “A motion to strike is properly granted if the complaint alleges mere conclusions of law that are unsupported by the facts alleged.” Id., 215.

The complaint alleges that the defendants entered into an agreement with the plaintiff whereby the plaintiff would release a security interest on the defendants’ property and the defendants were to pay $400,000 to the plaintiff, and owe an additional $45,241.48. This agreement was signed by both parties. The agreement contained a condition that both defendants sign a promissory note and confession of judgment for the remaining $45,241.48. The complaint alleges that the defendants have refused to pay the additional amounts, and that Lynn DiMenna did not sign the promissory note. The second count alleges that John DiMenna is liable under the note and confession of judgment.

The defendant, John DiMenna, argues that because Lynn DiMenna did not sign the promissory note and confession of judgment, the contract cannot be enforced. The plaintiff responds that the condition was a condition precedent to its performance of release of the security interest. The plaintiff, however, fully performed under the contract, and Lynn DiMenna’s failure to execute the note and judgment does not invalidate the agreement.

The agreement provides, “Dime’s agreement to accept the Discounted Pay Off is expressly conditioned upon your signing (a) a note in favor of The Dime in the amount of $45,241.48 which note shall be payable in full on 12/1/96 and (b) a confession of judgment with respect to the note.” (Complaint, Exhibit A, ¶ 5).

“A `conditional promise’ may be defined as `a promise so qualified that a duty of immediate performance will not arise until some condition exists or will cease after some condition exists.’ A condition may qualify the duty of immediate performance of one party or of both parties to the contract.” 5 Williston on Contracts § 666 (1961). See also Lach v. Cahill, 138 Conn. 418, 421, 84 A.2d 481 (1951). “If the condition is not fulfilled, the right to enforce the contract does not come into existence. . . . “Whether a provision in a contract is a condition the nonfulfillment of which excuses performance depends upon the intent of the parties.” Lach v. Cahill, supra. “The construction of a contract is usually a question of fact because the interpretation of its language is a search for the intent of the parties.” Foley v. Huntington Co., 42 Conn. App. 712, 730, CT Page 8765 ___ A.2d ___ (1996). Questions of fact are not appropriately decided on a motion to strike. Furthermore, if “[t]he condition plainly is for the benefit of the vendor and hardly less plainly for his benefit alone. . . the condition may be insisted upon or waived at his choice.” Williston, supra, § 664.

The condition in this case clearly qualified Dime’s performance, but whether the condition was solely for the benefit of Dime and whether Dime waived the condition, or whether the condition also qualified the defendants’ performance are all questions involving contract interpretation and the intent of the parties, and are not appropriately decided on a motion to strike. Accordingly, the motion to strike is denied.

RYAN J

No Varsity Letters for DHS Posties

Post 53 should not be given any special privileges at DHS. Post should not be allowed to park its ambulance at DHS. DHS Posties should not be allowed to wear Post uniforms to class. They should not be allowed to leave class to answer emergency calls.
Post 53 should not be considered a school activity and its inclusion as an activity on college application should be prohibited.

Why?

Post 53 and its members including DHS Posties stand in the way of Darien having Paramedics based in Darien. Posties including DHS Posties put their need for community adulation ahead of the patients’ and victims’ need for fast and competent emergency medical care. DHS Posties put themselves ahead of patients because they think more about their need for compelling activities for college applications than they do the needs of these patients. By the way, I consider the parents of DHS Posties to be Posties. They are probably as responsible as anyone for the inadequate and convoluted EMS system in Darien.

Posties including DHS Posties think more about themselves than they do about their patients. This self absorption was brought out very clearly in a Darien Times profile of DHS Postie Carson Stewart which I criticized in my blog comment: “AP Self Absorption” published on 12/17/15.

By supporting Post 53, the Darien School System is complicit in preventing Darien from having an effective EMS system. As a result, the Darien School System should bear all associated liabilities.

Walter Casey

On a Clear Day

Some months ago, at the P&Z meeting at which the Corbin project was introduced, an expert stood up and said that the height of Corbin’s apartment buildings would break Darien’s existing zoning rules. He went on to say that the buildings’ height was great because drivers on I-95 would be able to see these new buildings and drive into Darien and visit.

First, I question how many Darienites would think this is a reason to have really tall apartment buildings downtown. Second, this expert may not spend enough time in Darien to realize that many, many I-95 drivers do visit Darien when there is a problem on I-95. They are greeted by our Post Road with its one lane each way under the railroad trestle bottleneck. There is nothing like sitting in Scena at lunch and watching out of state cars crawl their way through Darien’s downtown. Having a traffic “attractor” downtown is just what we need.

Let us also think of the reverse perspective. Does it make sense to spend a small fortune for an apartment that has a great view of I-95? Here is a cheaper alternative. Pay a lot less for a place and watch Channel 61 on cable.

Walter Casey

The Mean Girls

The Mean Girls
Having given you my perspective on one faction of the RTC Hit Job, Danny’s Boys, it is now time to give you my perspective on the other faction, The Mean Girls. My perspectives are based on observations and discussions over many years. My views are not flattering. Remember, I DERIDE, YOU DECIDE.

The Mean Girls are all about desperation and money. There are three key Mean Girls. They form a triangle. They are Darien’s Republican State Rep Terrie “Dumb as” Wood, Darien Republican Selectman Susan “The Troll” Marks and Darien Republican First Selectman Jayme “Gone Girl” Stevenson.

“Dumb as Wood”
Wood first came on the scene when then Darien Republican State Rep John Ryan retired. The thought was that he would concentrate on private law practice. The other thought was that he was given a deal he couldn’t refuse.

My first contact was at the League of Women Voters debate when Wood first ran. She ran unopposed. Wood lost the debate to an empty chair. She didn’t know anything. This made a lasting impression on me. I wonder, after all this time, if she can drive to and from Hartford without using a Garmin.

Terrie is married to one Jay Wood who, I am told, is a legacy member of Weeer Burn (more Wee, less Burn). It may be that the Apple did fall far from the tree. It is rumored that Jay has some sort of position in the world of finance. It may be that that includes a less than illustrious record advising Darien investors. Sound familiar? Look Wall Street is not what it used to be. So maybe Terrie works because it makes things better. The State Rep job pays very little but something is better than nothing and health insurance, retiree medical benefits and pension benefits may make the future less daunting. I believe Terrie “Dumb as” Wood is desperate to protect what she has and perhaps expand on it. More on this shortly.

One victim of the RTC Hit Job who feels betrayed is RTC Chair Karen Armour. People familiar with the situation say that Armour helped Wood by writing political material for her. This makes sense because writing is simply beyond “Dumb As.” However, loyalty and gratitude take a distant second place to desperation and money for “Dumb As.”

Susan “The Troll” Marks

The nickname “The Troll” comes from the Danny Boy camp. It is not a term of endearment. It may relate to her diminutive stature or trolling the Internet or something else. Whatever the derivation, it has stuck.

People say that Marks needs a paying job with benefits. A real job is probably beyond her so a paid Darien political job it is. How about First Selectman? The plan may be that “Gone Girl” Stevenson hopes to head for Hartford and a paid political job with the Republican Party. Stevenson probably vests after five years as First Selectman, she has four now. The word is that Stevenson is recently divorced and needs money. Perhaps she promised Marks that she could move from Selectman to First Selectman. If so, having control of the RTC would be very helpful.

When I have spoken with Marks, her usual comment is “I’ll have to think about that.” Now Marks has something else to think about. It is the strong possibility that Wood wants the First Selectman’s job because it pays better than the Hartford gig and she has already vested at the state level. One insider told me to prepare for a cat fight between Marks and Wood for the First Selectman job.

“Gone Girl”

I call Darien Republican First Selectman Jayme Stevenson “Gone Girl” because she is getting away with destroying Darien. You need to see the movie. There is also an element of “head case” and “space cadet” involved. To me, Stevenson is a legend in her own mind. Hence, her need for the spotlight which politics can bring. She latched on to Linda McMahon whose highest intellectual achievement is throwing folding chairs. I should just stop and reiterate how stupid these three Mean Girls are. If they weren’t running Darien, they would be baggers at Stop and Shop. They couldn’t handle the cash register.

This brings me to the real problem with Stevenson. She is not bright enough to handle an unscripted moment. Everything must go according to her plan or she comes apart. This leads to the need to control every aspect of Darien’s government. She wants her people to control all Boards and Commissions, the RTM and, of course, the RTC. She is assisted by her entourage of other Mean Girls, Eunuchs and Boy Toys. Enter stage left Eunuch Selectman Kip Koons, parking lot impresario, Weeer Burn member and leader of the RTC hit job.

Peak Weeer Burn

Kip, it seems, is a Weeer Burn member. I have to wonder if Weeer Burn carries the same cachet after a number of its prominent members are also prominent casualties of Darien’s Madoff Scam. Therefore, for this and other soon to be explained reasons I am now calling Wee Burn: Weeer Burn.

It seems that Kip, with some help from his friends, pulled together a group to turn out at the RTC to throw out the leadership of the current RTC. I have seen an analysis of the signatures on the petitions of the challengers. The signatures are clustered on certain well heeled streets and appear to include a number of Weeer Burn members. Kip also insured that his RTC incumbent and fellow Weeer Burn son would be on the next RTC and perhaps be Chairman.

Obviously, “Gone Girl” is happy with the result. It goes a long way to solidifying her hold on power. The RTM is the only potential outpost of independent and rational thought left. It makes “The Troll” happy because she should be in line to be First Selectman unless, of course, Weeer Burn member Terrie “Dumb As” Wood decides to use her Weeer Burn friends on the new RTC to become First Selectman. In that case, “The Troll” will be the screwee as opposed to the screwer.

In the background, there is also the possibility that some Weeer Burn members who are developers may benefit greatly. These developers are involved in the major developments planned for Darien especially the Corbin Development. They could use friends appointed to town boards by their Weeer Burn buddies on the new RTC. You have to wonder if all Weeer Burn members are happy with the publicity they and their club is getting.

Walter Casey

Darien’s Madoff: The Creditors

NEWBURY COMMON
ASSOCIATES, LLC, et al., )
Debtors.1
CERTIFICATION OF CONSOLIDATED CREDITOR MATRIX
The above-captioned debtors and debtors in possession (collectively, the “Debtors”) hereby certify under penalty of perjury that the Consolidated Creditor Matrix submitted herewith, pursuant to Rule 1007-2 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware, formatted in portable document format, containing the list of creditors of the Debtors, is complete and, to the best of the Debtors’ knowledge, correct and consistent with the Debtors’ books and records.
For the reasons set forth in my declaration in Support of the Chapter 11 Petitions, the Debtors are continuing to review their assets, liabilities and ownership interests. The information contained in the Consolidated Creditor Matrix is based on a preliminary review of the Debtors’ books and records. The Debtors are still in the process of identifying creditors. The Consolidated Creditor Matrix does not contain any creditors that are investors in the Debtors, nor does it contain any intercompany creditors. Additionally, the Debtors have not completed a legal
1
21777317
The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s tax identification number, are: Newbury Common Associates, LLC (3783); Seaboard Realty, LLC (6291); 600 Summer Street Stamford Associates, LLC (6739); Seaboard Hotel Member Associates, LLC (8984); Seaboard Hotel LTS Member Associates, LLC (6005); Park Square West Member Associates, LLC (9223); Seaboard Residential, LLC (2990); One Atlantic Member Associates, LLC (4120); 88 Hamilton Avenue Member Associates, LLC (5539); 316 Courtland Avenue Associates, LLC (0290); 300 Main Management, Inc. (6365); 300 Main Street Member Associates, LLC (2334); ; PSWMA I, LLC (6291); PSWMA II, LLC (6291); and Tag Forest, LLC (8974).
Case 15-12507-LSS Doc 6 Filed 12/14/15 Page 2 of 6
and/or factual investigation with regard to possible defenses to any claims of the potential claimants included in the Consolidated Creditor Matrix. In addition, certain of the entities included in the Consolidated Creditor Matrix may not hold outstanding claims as of the date hereof, and therefore may not be creditors of the Debtors for purposes of these chapter 11 cases. Therefore, this listing does not and should not be deemed to constitute either (i) a waiver of any defenses to any claims that may be asserted against the Debtors, or (ii) an acknowledgement of the validity or amount of any claims that may be asserted against the Debtors.
Dated: December 14, 2015 Newbury Common Associates, LLC, (for itself and on Wilmington, Delaware behalf of its affiliated debtors and debtors in
possession)
/s/ Marc Beilinson
Name: Marc Beilinson
Title: Chief Restructuring Officer Newbury Common Associates, LLC, et al.
2
Creditor Name
Notice Name
Address 1
Address 2
City
State
Postal Code
UC Funding, LLC UC Funding, LLC
745 Boylston St., Suite 502
Boston
MA
02116
UC Funding, LLC UC Funding, LLC Counsel
CPR Money, LLC
745 Boylston St., Suite 502
Boston
MA
02116
CPR Money, LLC CPR Money, LLC Counsel
Corporation Service Co. Federman Steifman, LLP, Attn: Andrew F. Lampert
2711 Centerville, Rd. Suite 400 350 North Orleans St., Suite 950 745 Boylston St., Suite 502
500 Delaware Ave., 11th Fl.
Wilmington
DE
19808
UCF I Trust 1, LLC
c/o UC Credit Services, LLC Wilmington Savings Fund Society, FSB
Federman Steifman, LLP, Attn: Sten Stanlund, Senior VP
Boston
MA
02116
UCF I Trust 1, LLC UCF I Trust 1, LLC Israel Discount Bank Israel Discount Bank of New York
350 North Orleans St., Suite 950
Wilmington Chicago New York
DE IL NY
19801
60654
10017
Israel Discount Bank of New York Counsel
Ferguson Cohen LLP, Attn: Stuart M. Cohen
25 Field Point Road
Greenwich
Israel Discount Bank of New York Counsel
Bleakley Platt & Schmidt, LLP, Attn: James J. Sullivan
One North Lexington Avenue 117 Prospect St,
White Plains
NY
10601
First County Bank First County Bank First County Bank Counsel
Gerald Spillane, Vice President Headquarters
160 Atlantic St. 106 Mariomi Rd.
Stamford Stamford
CT CT
06901 06901
Cedar Hill Capital
Mailing Address
New Canaan
CT
06840
Corporation Service Co.
Diane Champa, Director, Servicing
Federman Steifman, LLP, Attn: Andrew F. Lampert
2711 Centerville, Rd. Suite 400
Wilmington
DE
19808
Headquarters
511 Fifth Ave.
New York
NY CT
10017 06830
350 North Orleans St., Suite 950 745 Boylston St.,Suite 502
Chicago Boston
IL MA
60654 02116
511 Fifth Avenue
Case 15-12507-LSS
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Chicago
IL
60654

Cedar Hill Capital Cedar Hill Capital Cedar Hill Capital Counsel
Agent
200 Connecticut Ave., 106 Mariomi Rd.
Norwalk New Canaan
CT CT
06854 06840
Cedar Hill Capital RBS Citizens, N.A.
Roger Saunders, Managing Partner
Name Change: Citizens Bank, N.A.
106 Mariomi Rd.
One Citizens Plaza 600 Washington Blvd.
New Canaan Providence Stamford
CT RI CT
06840
02903
06901
RBS Citizens, N.A. RBS Citizens, N.A. Counsel
TD Bank, N.A.
Tim Mulhall, Vice President
TD Bank, N.A.
2035 Limestone Rd. 40 Danbury Rd.
Wilmington Wilton
DE CT
19808 06897
TD Bank, N.A. TD Bank, N.A. Counsel
1 Portland Sq Ste 4
Portland
ME
Wilmington Trust, N.A.
Rodney Square North Rodney Square North Rodney Square North
Wilmington Wilmington Wilmington Cincinnati
DE
DE
DE
OH 45202
Wilmington Trust, N.A.
Nick Tally, Loan Services VP
1100 North Market St. 1100 North Market St. 1100 North Market St. 425 Walnut St.
19801
19801
19801
Wilmington Trust, N.A.
Wilmington Trust, N.A. Counsel
Chris Monigle, Loan Services VP
U.S. Bank, N.A. U.S. Bank, N.A.
David G. Strouse, VP Derivatives
04101‐ 4059
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U.S. Bank, N.A. Counsel
Natixis Real Capital, LLC Natixis Real Capital, LLC Natixis Real Capital, LLC
Estate Estate Estate
The Corporation Trust Co.
Corporation Trust Center 1209 Orange ST.
Wilmington New York New York
DE NY NY
19801
10020
10020
Natixis Real
Capital, LLC
People’s United Bank, N.A.
People’s United Bank People’s United Bank Counsel
Marjan Murray
850 Main St. 350 Bedford St.
Bridgeport Stamford
CT CT
06604 06901‐ 1741
Webster Bank, N.A.
Headquarters James Lane
Webster Plaza
2 Stamford Plaza 281 Tresser
Watebury Stamford
CT CT
06702 06901
Webster Bank, N.A. Webster Bank, N.A. Counsel
Blvd 4th Floor
CT Housing Finance Authority Mortgage
999 West St.
Rocky Hill Rocky Hill
CT CT
06067 06067
CT Housing Finance Authority Mortgage CT Housing Finance Authority Mortgage Counsel
999 West St.
RTA International, Inc.
John K. Craford, President Business Address
999 West St. 189 Bedford St.
Rocky Hill Stamford
CT CT
00607 06901
Estate Counsel
Roni Kotel, VP
Michael Magner, Managing Director
1251 Avenue of the Americas 1251 Avenue of the Americas
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Equity Investors with Darien’s Madoff

Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 1 of 40
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
)
) Chapter 11 )
) Case No. 15 – 12507 (LSS)
) Jointly Administered Debtors.1 )
)
NOTES REGARDING
LISTS OF DEBTORS’ EQUITY SECURITY HOLDERS IN ACCORDANCE WITH BANKRUPTCY RULE 1007
These Notes Regarding the Debtors’ Lists of Equity Security Holders comprise an integral part of the Lists of Equity Security Holders and should be referred to and considered in connection with any review of the Lists of Equity Security Holders.
The Lists of Equity Security Holders (collectively, the “Lists of Equity Holders”) of Newbury Common Associates, LLC; Seaboard Realty, LLC; 600 Summer Street Stamford Associates, LLC; Seaboard Hotel Member Associates, LLC; Seaboard Hotel LTS Member Associates, LLC; Park Square West Member Associates, LLC; Seaboard Residential, LLC; One Atlantic Member Associates, LLC; 88 Hamilton Avenue Member Associates, LLC; 316 Courtland Avenue Associates, LLC; 300 Main Management, Inc.; 300 Main Street Member Associates, LLC; PSWMA I, LLC; PSWMA II, LLC; and Tag Forest, LLC (collectively, the “Debtors”) in the above-captioned, jointly administered chapter 11 cases have been prepared pursuant to Rule 1007 of the Federal Rules of Bankruptcy Procedure.2
Mr. Marc Beilinson submitted a Declaration in support of the Lists of Equity Holders. Mr. Beilinson is the recently appointed Chief Restructuring Officer and an authorized signatory for each of the Debtors. In reviewing the Lists of Equity Holders, Mr. Beilinson
NEWBURY COMMON
ASSOCIATES, LLC, et al., )
1
2
The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s tax identification number, are: Newbury Common Associates, LLC (3783); Seaboard Realty, LLC (6291); 600 Summer Street Stamford Associates, LLC (6739); Seaboard Hotel Member Associates, LLC (8984); Seaboard Hotel LTS Member Associates, LLC (6005); Park Square West Member Associates, LLC (9223); (Seaboard Residential, LLC (2990); One Atlantic Member Associates, LLC (4120); 88 Hamilton Avenue Member Associates, LLC (5539); 316 Courtland Avenue Associates, LLC (0290); 300 Main Management, Inc. (6365); 300 Main Street Member Associates, LLC (2334); ; PSWMA I, LLC (6291); PSWMA II, LLC (6291); and Tag Forest, LLC (8974). The Debtors’ corporate headquarters is located at, and the mailing address for each Debtor is, 1 Atlantic Street, Stamford, CT 06901.
In addition to the membership interests disclosed for each Debtor, the Debtors are aware of possible offerings of membership interests of non-debtor Seaboard Stamford Investment Group, LLC (“SSIG”), a company controlled by John J. DiMenna, Jr. At this time, it is undetermined what interest, if any, such investors have with respect to the Debtors. The Debtors reserve all of their rights with respect thereto. A list of possible SSIG investors is attached hereto as Schedule 1.
21793892
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 2 of 40
necessarily has relied upon the books and records that were available and reviewable at this time.3 Mr. Beilinson has not (and could not have) personally verified the accuracy of the information contained in the Lists of Equity Holders.
Reasonable efforts have been made to prepare and file complete and accurate Lists of Equity Holders based on currently available information that has been reviewed; however, inadvertent errors or omissions may exist. The Debtors reserve all rights to amend or supplement the Lists of Equity Holders from time to time, in all respects, as may be necessary or appropriate. Furthermore, nothing contained in the Lists of Equity Holders shall constitute a waiver of rights, claims and defenses of the Debtors. Any specific reservation of rights contained elsewhere in the Notes does not limit in any respect the general reservation of rights contained in this paragraph. The Debtors and their agents, attorneys, and financial advisors expressly do not undertake any obligation to update, modify, revise, or re-categorize the information provided herein, or to notify any third party should the information be updated, modified, revised, or re-categorized.
The Debtors and their agents, attorneys, and financial advisors do not guarantee or warrant the accuracy or completeness of the data that is provided herein and shall not be liable for any loss or injury arising out of or caused in whole or in part by the acts, errors, or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the information contained herein. While every effort has been made to provide accurate and complete information herein, inadvertent errors or omissions may exist. In no event shall the Debtors or their agents, attorneys, and financial advisors be liable to any third party for any direct, indirect, incidental, consequential, or special damages (including, but not limited to, damages arising from the disallowance of a potential claim against the Debtors or damages to business reputation, lost business, or lost profits), whether foreseeable or not and however caused, even if the Debtors or their agents, attorneys, and financial advisors are advised of the possibility of such damages.
3
As set forth in the Declaration of Marc Beilinson in Support of the Chapter 11 Petitions [Docket No. 5], on December 2, 2015, John J. DiMenna, Jr. relinquished his rights, powers, and privileges with respect to the Debtor, including his membership interest in the Debtor and its Debtor affiliates. As a result, he is not included in the Lists of Equity Holders.
2
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 3 of 40
LISTS OF DEBTORS’ EQUITY SECURITY HOLDERS IN ACCORDANCE WITH BANKRUPTCY RULE 1007
Membership Interests in Newbury Common Associates, LLC
Newbury Common Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Newbury Common Member Associates, LLC
1 Atlantic Street Stamford, CT 06901
100%
21793892
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 4 of 40
Membership Interests in Seaboard Realty, LLC
Seaboard Realty, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Thomas L. Kelly, Jr.
58 Sunswyck Road Darien, CT 06820
50.00%
William A. Merritt, Jr.
83 Brookside Road Darien, CT 06820
50.00%
2
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 5 of 40
Membership Interests in 600 Summer Street Stamford Associates, LLC
600 Summer Street Stamford Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street Stamford, CT 06901
25.00%
Charles E. Barnett
4 Lighthouse Way Darien, CT 06820
0.47625%
Richard H. Beahrs
20 Beach Drive Darien, CT 06820
1.90513%
Marilyn J. Birdsall
Trustee of the Estate Tax Shelter Trust
60 Indian Head Road Riverside, CT 06878
0.94450%
Marilyn Birdsall IRA
c/o PENSCO Trust Company 450 Sansone Street 14th Floor San Francisco, CA 94111-3306
4.62026%
Robert M. Daly
35 Driftwood Lane Darien, CT 06820
0.71444%
M. Lynn DiMenna
19 Rockwell Lane Darien, CT 06820
0.71444%
Charles and Judith Eaton
11 South Trail Darien, CT 06820
6.40152%
Gilbert H. Engels, Jr.
413 Mill Hill Terrace Southport, CT 06490
0.95256%
Gilbert H. Engels 2012 Family Trust Anna M Engels & Nicholas DiCostanzo, Trustees
413 Mill Hill Terrace Southport, CT 06890
5.44896%
Alvin J. Epstein
8 Marvin Street Norwalk, CT 06855
2.79021%
Greenhorn Mesa Partners LTD.
c/o Meshannon and Assoc Inc 2001 Kirby Drive Suite 607 Houston, TX 77019
2.38137%
Paul Martin Kelly
c/o PENSCO Trust Company 450 Sansone Street 14th Floor San Francisco, CA 94111-3306
4.03143%
3
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 6 of 40
600 Summer Street Stamford Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Pollyann Kelly
58 Sunswyk Road Darien, CT 06820
2.85762%
Thomas L. Kelly Jr Roth IRA
Janney M ontgomery Scott LLC, Custodian
1801 Market Street Philadelphia, PA 19103
2.73859%
TLK Seaboard Investments, LLC
c/o Thomas L. Kelly, Jr., Manager 130 Brookline Drive
Pinehurst, NC 28374
4.24027%
Robert and Elizabeth A. LaBlanc
60 East End Avenue, Apt. 19A New York NY 10028
2.02624%
Laurence London
175 East Middle Patent Road Bedford, NY 10506
0.29503%
Leonard and Leslie London
21697 Old Ridge Trail Boca Raton, FL 33428
3.09581%
Andrew Mann Living Trust
Circle in the Square 1633 Broadway
New York, NY 10019
1.01015%
Andrew Mann
23 Woodland Road Bedford, NY 10506
0.42424%
Jonathan Mann
23 Woodland Road Bedford, NY 10506
1.17749%
Jonathan Mann Trust
23 Woodland Road Bedford, NY 10506
0.42425%
C. Donald Martin
223 Mansfield Avenue Darien, CT 06820
0.41304%
Rosemary McAllister
8 Peter Cooper Road #9B New York, NY 10010
1.35076%
McGuire Family 2012 Irrevocable Trust
1088 Park Avenue, Apt 9E New York, NY 10128
3.33394%
Jack Meehan IRA
Morgan Stanley Smith Barney Attn: MaryAnn McNulty
2000 Westchester Avenue, 1NC Purchase, NY 10577
1.35086%
4
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 7 of 40
600 Summer Street Stamford Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Douglas J. Mello
66 Milton Road, Apt. D11 Rye, NY 10580
0.47625%
Brian. E. Merritt
P.O. Box 12791 3165 Pitchfork Drive Jackson, WY 83002
1.37680%
W. Tyler Merritt
Black Diamond Equipment 142 Cochran Road Richmond, VT 05477
1.37679%
Robert A. Musumeci
99 Blackrock Road Stamford, CT 06903
8.85085%
Radha Ramaswamy
c/o Mr. Thomas L. Kelly, Jr. 58 Sunswyck Road
Darien, CT 06820
1.90513%
Richard A. Robustelli
31 Eastover Road Stamford, CT 06905
1.18011%
Ross Family Foundation
1 Old Windmill Road Clarks Summit, PA 18411
0.47285%
Faye Z. Ross
c/o Daniel Ross
7169 Germantown Avenue 2nd Fl Philadelphia, PA 19119
0.23812%
James Ross
1 Old Windmill Road Clarks Summit, PA 18411
0.54033%
SAV Equities LLC
c/o Anthony Savarese 30 Drake Avenue Rye, NY 10580
0.84849%
Lisa Speigel
11624 NW 52nd Court Coral Springs, FL 33076
0.23812%
Elizabeth Merritt Strawbridge
7 Cloyster Street
South Portland, ME 04106
1.37680%
5
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 8 of 40
Membership Interests in Seaboard Hotel Member Associates, LLC
Seaboard Hotel Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street Stamford, CT 06901
25.00%
Martha R. Andrus
2554 Linden Drive Boulder, CO 80304-0430
0.45981%
John M. Callagy
3 Althea Lane Darien, CT 06820
0.73569%
Vincent C. And Julie A. Cavaliere
191 Gerdes Road
New Cannan, CT 06840
0.73569%
Brian C. DiMenna
1110 Park Avenue, Apt 3L Hoboken, NJ 07030
0.18392%
John J. DiMenna, III
c/o John J. Dimenna, Jr. 19 Rockwell Lane Darien, CT 06820
0.18392%
M. Lynn DiMenna
19 Rockwell Lane Darien, CT 06820
0.36784%
Meredith DiMenna
25 Grand Street, Unit 239 Norwalk, CT 06851
0.18392%
Thomas E. DiMenna
c/o John J. Dimenna, Jr. 19 Rockwell Lane Darien, CT 06820
0.18392%
Christopher Durfee
CSD Holdings, LLC
c/o Merrill Lynch Attn: Caroline Wall 38 East Main Street
Mystic, CT 06355
0.36785%
William A. Durkin, III
68 Peach Hill Road Darien, CT 06820
0.36785%
Charles P. and Judith D. Eaton
20 Point Road Norwalk, CT 06854
2.20707%
Gilbert H. Engels 2012 Family Trust
Anna M Engels & Nicholas DiCostanzo, Trustees
413 Mill Hill Terrace Southport, CT 06890
4.78199%
6
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 9 of 40
Seaboard Hotel Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Alvin J. Epstein
8 Marvin Street Norwalk, CT 06855
1.47138%
William P. Frank
67 Street Nicholas Road
Darien, CT 06820
2.20707%
David Frankel Trustee
The Bud Frankel Irrevocable Trust f/b/o Alexander Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.73569%
David Frankel Trustee
The Bud Frankel Irrevocable Trust f/b/o Emma Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.73569%
David & Susan Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
1.10354%
Giovanni Gentile
23 Westview Lane Stamford, CT 06902
0.73569%
Greenhorn Mesa Partners LTD.
c/o Meshannon and Assoc Inc 2001 Kirby Drive Suite 607 Houston, TX 77019
1.47138%
Cassandra N. Hendriks
196 Greenlawn Road Cochranville, PA 19330
1.65530%
Paul Mark Kelly
300 Goodwives River Road Darien, CT 06820
1.47138%
Thomas E. Kelly
11 Parish Lane
New Cannan, CT 06840
1.47138%
Thomas L. Kelly, Jr. ROTH IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
2.57492%
Michael Kirschbaum
7103 Fresh Pond Road, #A1C Queens, NY 11385
3.67845%
Robert E. & Elizabeth A. LaBlanc
60 East End Avenue, Apt. 19A New York NY 10028
0.36785%
Laurence and Karol London
175 East Middle Patent Road Bedford, NY 10506
1.47138%
7
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 10 of 40
Seaboard Hotel Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Leonard and Leslie London
21697 Old Ridge Trail Boca Raton, FL 33428
1.47138%
Andrew Mann Trust
c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
2.94276%
Jonathan Mann Trust
23 Woodland Road Bedford, NY 10506
1.10354%
Andrew Mann Custodian
f/b/o Samuel Mann c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
1.10354%
C. Donald Martin
907 Cumberland Ridge Road Oxford, MS 38655
1.04468%
Rosemary McAllister
8 Peter Cooper Road #9B New York, NY 10010
1.47138%
McGuire Family 2012 Irrevocable Trust
1088 Park Avenue, Apt 9E New York, NY 10128
1.47138%
Christopher & Michele Meehan
22 Bridle Trail Fairfield, CT 06824
0.36785%
Jack & Fran Meehan
1011 Pequot Avenue Southport, CT 06890
1.83923%
Douglas J. Mello
66 Milton Road, Apt. D11 Rye, NY 10580
1.47138%
Christine C. Merritt
83 Brookside Road Darien, CT 06820
4.41414%
William A. Merritt, Jr.
83 Brookside Road Darien, CT 06820
1.10354%
Robert A. Musumeci
99 Blackrock Road Stamford, CT 06903
7.35691%
Dominic Napolitano
10 Pasture Lane Darien, CT 06820
1.83923%
8
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 11 of 40
Seaboard Hotel Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Beth Meehan Palmer
10 West 15th Street #1205 New York, NY 10011
0.18392%
Louis Pento
17 Scranton Street Staten Island, NY 10304
0.73569%
Christopher Rich
3561 Carvins Cove Road Salem, VA 24153
0.45981%
Priscilla A. Rich Revocable Living Trust
389 Eastview Drive Boone, NC 28607
0.45981%
Thomas L. Rich
One Rogers Road Stamford, CT 06901
1.83923%
Thomas L. Rich 2012 Trust
222 Summer Street Stamford, CT 06901
0.45980%
Richard A. Robustelli
31 Eastover Road Stamford, CT 06905
1.47138%
Faye Z. Ross
7188 Lincoln Drive Philadelphia, PA 19119
0.36785%
SAV Equities LLC
c/o Anthony Savarese 30 Drake Avenue Rye, NY 10580
1.10354%
Lisa Speigel
11624 NW 52nd Court Coral Springs, FL 33076
0.12875%
Gregory V. Stanton
14 Pryer Lane Larchmont, NY 10538
0.25749%
Marvin A. Stolberg Trust
11253 Boca Woods Lane Boca Raton, FL 33428
1.47138%
Elizabeth Merritt Strawbridge
3801 Kennett Pike, Suite B-100 Wilmington, DE 19807
1.28746%
Redmond Stewart Strawbridge
3801 Kennett Pike, Suite B-100 Wilmington, DE 19807
2.39100%
9
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 12 of 40
Membership Interests in Seaboard Hotel LTS Member Associates, LLC
Seaboard Hotel LTS Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street Stamford, CT 06901
25.00%
Duane S. Biasi
23 Thomasina Lane Darien, CT 06820
1.14866%
Andrea O. and Terrance Michael Burke
18 Woolsley Avenue Trumbull, CT 06611
0.57433%
John M. Callagy
3 Althea Lane Darien, CT 06820
1.49729%
James D. & Susan C. Cuppini
29 W. 331 Old Wayne Ct. West Chicago, IL 60185
1.14866%
James D. Cuppini IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.34863%
Brian C. DiMenna
1110 Park Avenue, Apt 3L Hoboken, NJ 07030
0.14358%
John J. DiMenna, III
c/o John J. Dimenna, Jr. 19 Rockwell Lane Darien, CT 06820
0.14358%
M. Lynn DiMenna
19 Rockwell Lane Darien, CT 06820
1.43582%
Meredith DiMenna
25 Grand Street, Unit 239 Norwalk, CT 06851
0.14358%
Thomas E. DiMenna
c/o John J. Dimenna, Jr. 19 Rockwell Lane Darien, CT 06820
0.14358%
William A. Durkin, III
68 Peach Hill Road Darien, CT 06820
0.37432%
Charles P. Eaton
20 Point Road Norwalk, CT 06854
2.99457%
10
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 13 of 40
Seaboard Hotel LTS Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Gilbert H. Engels Jr
7 Arrow Head Road Westport, CT 06880
0.29946%
Gilbert H. & Anna M. Engels
413 Mill Hill Terrace Southport, CT 06890
1.87161%
Alvin J. Epstein
8 Marvin Street Norwalk, CT 06855
1.26352%
Kevin & Peggy Faughnan
16 Butler Lane
New Cannan, CT 06840
1.12297%
Joseph J. Fiorito MD
162 Idlewood Drive Stamford, CT 06905
1.14866%
William P. Frank
67 Street Nicholas Road
Darien, CT 06820
1.72299%
David Frankel Trustee
The Bud Frankel Irrevocable Trust f/b/o Alexander Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.44919%
David Frankel Trustee
The Bud Frankel Irrevocable Trust f/b/o Emma Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.44919%
David & Susan Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.59892%
David S. Gorbach
10 Tuckahoe Road Easton, CT 06612
0.52405%
Andrew Graham
179 Larkspur Road Fairfield, CT 06824
0.37432%
Emma Margaret Graham
275 Willow Street Southport, CT 06890
0.37432%
John M. Graham
c/o Thomas M. Graham 275 Willow Street Southport, CT 06890
0.37432%
Thomas M. Graham
275 Willow Street Southport, CT 06890
0.37432%
11
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 14 of 40
Seaboard Hotel LTS Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Greenhorn Mesa Partners LTD.
c/o Meshannon and Assoc Inc 2001 Kirby Drive Suite 607 Houston, TX 77019
1.49729%
Edward T. Hapgood, Jr.
1939 Fairfield Beach Road Fairfield, CT 06824
0.74864%
Kelly 2007 Family Trust James A. Ross, Trustee
100 Old Windmill Road Clarks Summit, PA 18411
0.74864%
Paul Mark & Erinn Kelly
300 Goodwives River Road Darien, CT 06820
1.49729%
Pollyann Kelly Roth IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.74864%
Thomas L. Kelly, Jr.
130 Brookline Drive Pinehurst, NC 28374
1.22021%
Thomas L. Kelly, Jr. ROTH IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
4.02030%
Robert E. & Elizabeth A. LaBlanc
60 East End Avenue, Apt. 19A New York NY 10028
1.72299%
Donald A. & Amy G. Levantin
6 Woodcock Lane Westport, CT 06880
0.17230%
Laurence and Karol London
175 East Middle Patent Road Bedford, NY 10506
0.74864%
Leonard and Leslie London
21697 Old Ridge Trail Boca Raton, FL 33428
2.29732%
Robert L. Mahar
104 Coddington Lane Millbrook, NY 12545
0.86149%
Patrick Marsh
5 Davenport Farm Lane East Stamford, CT 06903
1.14866%
Rosemary McAllister
8 Peter Cooper Road #9B New York, NY 10010
1.49729%
12
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 15 of 40
Seaboard Hotel LTS Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Christopher & Michele Meehan
22 Bridle Trail Fairfield, CT 06824
0.56148%
Jack & Fran Meehan
1011 Pequot Avenue Southport, CT 06890
2.62025%
Jack Meehan Roth IRA
Morgan Stanley Smith Barney CGMI Attn: MaryAnn McNulty
2000 Westchester Avenue, 1NC Purchase, NY 10577
0.89837%
Douglas J. Mello
66 Milton Road, Apt. D11 Rye, NY 10580
1.49729%
Brian E. Merritt
P.O. Box 12791 3165 Pitchfork Drive Jackson, WY 83002
0.62386%
Christine C. Merritt
83 Brookside Road Darien, CT 06820
1.86657%
W. Tyler Merritt
Black Diamond Equipment 142 Cochran Road Richmond, VT 05477
0.81103%
Robert A. Musumeci
99 Blackrock Road Stamford, CT 06903
6.89195%
Beth Meehan Palmer
10 West 15th Street #1205 New York, NY 10011
0.18716%
Pasture Partners, LLC
Attn: Dominic Napolitano 10 Pasture Lane
Darien, CT 06820
7.48644%
Alton Prillaman
2803 Stephenson Avenue Roanoke, VA 24014
1.49729%
Richard A. Robustelli
31 Eastover Road Stamford, CT 06905
1.49729%
Faye Z. Ross
7188 Lincoln Drive Philadelphia, PA 19119
0.37432%
James A. Ross
100 Old Windmill Road Clarks Summit, PA 18411
0.45946%
13
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 16 of 40
Seaboard Hotel LTS Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
SAV Equities LLC
c/o Anthony Savarese 30 Drake Avenue Rye, NY 10580
0.74865%
Steven C. Solazzo
30 Richmond Hill Road New Canaan, CT 06840
1.49729%
David H. and Janet M. Soskin
10 Dellwood Road Darien, CT 06820
1.12297%
Gregory V. Stanton SEP IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.40897%
Maria Stanton
14 Pryer Lane Larchmont, NY 10538
0.56350%
Elizabeth Merritt Strawbridge
7 Cloyster Street
South Portland, ME 04106
0.47861%
Sunrock Holdings LLC
Attn: Arthur Selkowitz 262 Ocean Drive East Stamford, CT 06902
1.43582%
William F. Wallace
16 Bobolink Lane Greenwich, CT 06830
1.49729%
14
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 17 of 40
Membership Interests in Park Square West Member Associates, LLC
Park Square West Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street Stamford, CT 06901
25.00%
Andrus, Martha R.
2554 Linden Drive Boulder, CO 80304-0430
0.25959%
Arrowhead Trust
f/b/o Christopher O’Connor P.O. Box 6431
520 Spruce Ridge Lane Snowmass Village, CO 81615
4.15334%
Andrea O. Burke
18 Woolsley Avenue Trumbull, CT 06611
0.83067%
John M. Callagy
3 Althea Lane Darien, CT 06820
0.83067%
Henry D. Cavanna
64 Rowayton Avenue Rowayton, CT 06853
1.66964%
James D. & Susan C. Cuppini
29 W. 331 Old Wayne Ct. West Chicago, IL 60185
0.35303%
James D. Cuppini IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.68530%
Kathryn Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.20767%
Kristen M. Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.20767%
Matthew Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.20767%
Robert Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.20767%
Brian C. DiMenna
1110 Park Avenue, Apt 3L Hoboken, NJ 07030
0.10383%
15
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 18 of 40
Park Square West Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
John J. DiMenna, III
c/o John J. Dimenna, Jr. 19 Rockwell Lane Darien, CT 06820
0.10383%
M. Lynn DiMenna
19 Rockwell Lane Darien, CT 06820
0.41533%
Meredith DiMenna
25 Grand Street, Unit 239 Norwalk, CT 06851
0.10383%
Thomas E. DiMenna
c/o John J. Dimenna, Jr. 19 Rockwell Lane Darien, CT 06820
0.10383%
Jeffrey R. Dunne Revocable Trust
90 Butternut Lane Southport, CT 06890
2.49200%
Charles P. and Judith D. Eaton
20 Point Road Norwalk, CT 06854
1.24600%
Gilbert H. Engels Jr
7 Arrow Head Road Westport, CT 06880
0.41741%
Gilbert H. Engels 2012 Family Trust Anna M Engels & Nicholas DiCostanzo, Trustees
413 Mill Hill Terrace Southport, CT 06890
2.07667%
Susan R. Epstein
8 Marvin Street Norwalk, CT 06855
2.07667%
William P. Frank
67 Street Nicholas Road
Darien, CT 06820
1.45367%
David Frankel Trustee
The Bud Frankel Irrevocable Trust f/b/o Alexander Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.41533%
David Frankel Trustee
The Bud Frankel Irrevocable Trust f/b/o Emma Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.41533%
David & Susan Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.62300%
Samuel B. Fuller
40 Contentment Island Road Darien, CT 06890
1.66134%
16
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 19 of 40
Park Square West Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Emma Graham
c/o Thomas M. Grahamm 275 Willow Street Southport, CT 06890
0.31150%
John M. Graham
c/o Thomas M. Graham 275 Willow Street Southport, CT 06890
0.31150%
Greenhorn Mesa Partners LTD.
c/o Meshannon and Assoc Inc 2001 Kirby Drive Suite 607 Houston, TX 77019
1.24600%
Edward T. Hapgood, Jr.
1939 Fairfield Beach Road Fairfield, CT 06824
1.24600%
T. Peter Harding
5 Poppy Lane
Glen Cove, NY 11542
1.24600%
Kelly 2007 Family Trust James A. Ross, Trustee
100 Old Windmill Road Clarks Summit, PA 18411
0.20767%
Pollyann Kelly
130 Brookline Drive Pinehurst, NC 28374
0.83067%
Thomas E. Kelly
11 Parish Lane
New Canaan, CT 06840
0.93450%
TLK Seaboard Investments, LLC
c/o Thomas L. Kelly, Jr., Manager 130 Brookline Drive
Pinehurst, NC 28374
4.15335%
Robert E. & Elizabeth A. LaBlanc
60 East End Avenue, Apt. 19A New York NY 10028
0.83067%
Laurence and Karol London
175 East Middle Patent Road Bedford, NY 10506
0.83067%
Leonard and Leslie London
21697 Old Ridge Trail Boca Raton, FL 33428
1.66134%
Sharon L. Mahar
104 Coddington Lane Millbrook, NY 12545
0.41533%
Andrew Mann Trust
c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
0.62300%
17
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 20 of 40
Park Square West Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Jonathan Mann Trust
23 Woodland Road Bedford, NY 10506
0.62300%
C. Donald Martin
907 Cumberland Ridge Road Oxford, MS 38655
1.24600%
Rosemary McAllister
8 Peter Cooper Road #9B New York, NY 10010
1.66964%
McGuire Family 2012 Irrevocable Trust
1088 Park Avenue, Apt 9E New York, NY 10128
1.03834%
Christopher & Michele Meehan
22 Bridle Trail Fairfield, CT 06824
0.20767%
Jack & Fran Meehan
1011 Pequot Avenue Southport, CT 06890
1.03834%
Douglas J. Mello
66 Milton Road, Apt. D11 Rye, NY 10580
0.83067%
John D. & Regina L. Mello
4 Woodhill Road Westport, CT 06880
1.03834%
Brian E. Merritt
P.O. Box 12791 3165 Pitchfork Drive Jackson, WY 83002
0.14380%
Christine C. Merritt
83 Brookside Road Darien, CT 06820
1.46134%
W. Tyler Merritt
Black Diamond Equipment 142 Cochran Road Richmond, VT 05477
0.43320%
William A. Merritt, Jr.
83 Brookside Road Darien, CT 06820
0.03833%
Robert A. Musumeci
99 Blackrock Road Stamford, CT 06903
5.19168%
Dominic Napolitano
10 Pasture Lane Darien, CT 06820
1.03834%
18
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 21 of 40
Park Square West Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Thomas E. O’Connor
P.O. Box 6431
520 Spruce Ridge Lane Snowmass Village, CO 81615
6.23001%
Beth Meehan Palmer
10 West 15th Street #1205 New York, NY 10011
0.10383%
Louis Pento
17 Scranton Street Staten Island, NY 10304
0.31150%
Radha Ramaswamy
326 Prospect Avenue, Apt. 12K Hackensack, NY 07601
0.83067%
Christopher Rich
3561 Carvins Cove Road Salem, VA 24153
0.25958%
Pricilla A. Rich Revocable Living Trust
389 Eastview Drive Boone, NC 28607
0.25959%
Thomas L. Rich
One Rogers Road Stamford, CT 06901
2.07667%
Thomas L. Rich 2012 Trust
222 Summer Street Stamford, CT 06901
0.25958%
Richard A. Robustelli
31 Eastover Road Stamford, CT 06905
1.66134%
Faye Z. Ross
7188 Lincoln Drive Philadelphia, PA 19119
0.20871%
James A. Ross
100 Old Windmill Road Clarks Summit, PA 18411
0.24920%
Dr. Allen B. Rothpearl
9 Crabtree Lane Roslyn, NY 11576
1.03834%
Norla Rothpearl
12314 Dunwoody Drive Jacksonville, FL 32225
2.90734%
SAV Equities LLC
c/o Anthony Savarese 30 Drake Avenue Rye, NY 10580
0.62300%
19
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 22 of 40
Park Square West Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Michael E. Shannon
c/o Greenhorn Mesa Partners 2011 Kirby Drive Suite 504 Houston, Tx 77019
0.83067%
David H. and Janet M. Soskin
10 Dellwood Road Darien, CT 06820
0.83067%
Lisa Speigel
11624 NW 52nd Court Coral Springs, FL 33076
0.07268%
Gregory V. Stanton
14 Pryer Lane Larchmont, NY 10538
0.20974%
Marvin A. Stolberg Trust
11253 Boca Woods Lane Boca Raton, FL 33428
0.83067%
Elizabeth Merritt Strawbridge
7 Cloyster Street
South Portland, ME 04106
0.41533%
Redmond Stewart Strawbridge
3801 Kennett Pike, Suite B-100 Wilmington, DE 19807
0.62300%
20
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 23 of 40
Membership Interests in Seaboard Residential, LLC
Seaboard Residential, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street Stamford, CT 06901
25.00%
P. Gabrielle Anderson
933 Seven Lakes North West End, NC 27376
0.06906%
Judith Barnett
4 Lighthouse Way Darien, CT 06820
0.69063%
Kathryn Cooperman
4347 James Estate Lane Wellington, FLA 33449
0.34532%
Kathryn C. Daly
569 Mt. Holyoke Avenue Pacific Palisades, CA 90272
0.21129%
Kathryn Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.34532%
Kristin M. Daly
435 Marine Street Boulder, CO 80302
0.21129%
Kristen M. Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.34532%
Matthew C. Daly
155 E. 34th Street, Apt 4V New York, NY 10016
0.21129%
Matthew Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.34532%
Robert Daly
1500 North Lake Shore Drive, Apt 7B Chicago, IL 60610
0.21129%
Robert Daly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.34532%
M. Lynn DiMenna
19 Rockwell Lane Darien, CT 06820
1.86467%
21793892
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 24 of 40
Seaboard Residential, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Maria Patricia Kelly-Doggett IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
0.34532%
Charles P. and Judith D. Eaton
20 Point Road Norwalk, CT 06854
4.14380%
Anna M. Engels
413 Mill Hill Terrace Southport, CT 06890
11.21406%
Alvin J. Epstein
8 Marvin Street Norwalk, CT 06855
2.76253%
David & Susan Frankel
38 Circle Drive
Hastings on Hudson, NY 10706
0.34532%
Edward T. Hapgood, Jr.
1939 Fairfield Beach Road Fairfield, CT 06824
0.34532%
T. Peter Harding IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
1.38127%
Paul Martin Kelly IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
1.58497%
Robert E. & Elizabeth A. LaBlanc
60 East End Avenue, Apt. 19A New York NY 10028
5.52506%
Laurence London
175 East Middle Patent Road Bedford, NY 10506
1.93377%
Leonard and Leslie London
21697 Old Ridge Trail Boca Raton, FL 33428
4.14380%
Andrew Mann Living Trust
c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
2.27909%
Andrew Mann Custodian f/b/o Benjamin Mann
c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
0.16575%
Andrew Mann Custodian f/b/o Clementine Mann
c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
0.34532%
2
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 25 of 40
Seaboard Residential, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Jonathan Mann Custodian f/b/o Dakokta Mann
23 Woodland Road Bedford, NY 10506
0.41438%
Jonathan Mann Custodian f/b/o Jackson Dylan Mann
23 Woodland Road Bedford, NY 10506
0.41438%
Jonathan Mann
23 Woodland Road Bedford, NY 10506
1.38127%
C. Donald Martin
907 Cumberland Ridge Road Oxford, MS 38655
1.72658%
Rosemary McAllister
8 Peter Cooper Road #9B New York, NY 10010
2.76253%
McGuire Family 2012 Irrevocable Trust
1088 Park Avenue, Apt 9E New York, NY 10128
4.14380%
Christopher Meehan
22 Bridle Trail Fairfield, CT 06824
0.34532%
Jack Meehan IRA
Morgan Stanley Smith Barney Attn: MaryAnn McNulty
2000 Westchester Avenue, 1NC Purchase, NY 10577
2.07190%
Michele Meehan
22 Bridle Trail Fairfield, CT 06824
0.34532%
Douglas J. Mello
66 Milton Road, Apt. D11 Rye, NY 10580
1.38127%
Dominic Napolitano
10 Pasture Lane Darien, CT 06820
5.52506%
Beth Meehan Palmer
10 West 15th Street #1205 New York, NY 10011
0.69063%
Queally, Claire E. Irrevocable Trust
Francis X. Queally Trustee One Dock Street # 404 Stamford, CT 06902
0.34532%
Elizabeth Carver Queally Irrevocable Trust
Francis X. Queally Trustee One Dock Street # 404 Stamford, CT 06902
0.34532%
3
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 26 of 40
Seaboard Residential, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Francis X. & Claire Queally Irrevocable Trust
One Dock Street # 404 Stamford, CT 06902
1.03595%
John F. Queally Irrevocable Trust
One Dock Street # 404 Stamford, CT 06902
0.34532%
Radha Ramaswamy
326 Prospect Avenue, Apt. 12K Hackensack, NY 07601
3.45316%
SAV Equities LLC
c/o Anthony Savarese 30 Drake Avenue Rye, NY 10580
0.69063%
David H. and Janet M. Soskin
10 Dellwood Road Darien, CT 06820
3.45316%
Marvin A. Stolberg
11253 Boca Woods Lane Boca Raton, FL 33428
1.38127%
Elliot J. Tuckel
4347 James Estate Lane Wellington, FL 33449
1.03595%
4
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 27 of 40
Membership Interests in One Atlantic Member Associates, LLC
One Atlantic Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Marilyn J. Birdsall IRA
PENSCO Trust Company 1560 Broadway, 4th Floor Denver, CO 80202
6.66667%
Collinwood, LLC
189 Bedford Street Stamford, CT 06901
0.83333%
Gilbert H. Engels 2012 Family Trust
Anna M Engels & Nicholas DiCostanzo, Trustees
413 Mill Hill Terrace Southport, CT 06890
2.91667%
Alvin J. Epstein
8 Marvin Street Norwalk, CT 06855
2.50000%
Greenhorn Mesa Partners LTD.
c/o Meshannon and Assoc Inc 2001 Kirby Drive Suite 607 Houston, TX 77019
9.58333%
Kelly 2007 Family Trust
100 Old Windmill Road Clarks Summit, PA 18411
28.00000%
TLK Seaboard Investments, LLC
c/o Thomas L. Kelly, Jr., Manager 130 Brookline Drive
Pinehurst, NC 28374
5.33333%
Michael Kirschbaum
7103 Fresh Pond Road, #A1C Queens, NY 11385
0.83333%
Brian E. Merritt
P.O. Box 12791 3165 Pitchfork Drive Jackson, WY 83002
10.11112%
W. Tyler Merritt
Black Diamond Equipment 142 Cochran Road Richmond, VT 05477
10.11112%
William A. Merritt, Jr.
83 Brookside Road Darien, CT 06820
3.00000%
Robert A. Musumeci
99 Blackrock Road Stamford, CT 06903
1.66667%
Joseph Pelli
59 Squires Lane
New Canaan, CT 06840
3.33333%
21793892
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 28 of 40
One Atlantic Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Louis Pento
17 Scranton Street Staten Island, NY 10304
1.25000%
SAV Equities LLC
c/o Anthony Savarese 30 Drake Avenue Rye, NY 10580
1.66667%
Gregory V. Stanton
14 Pryer Lane Larchmont, NY 10538
2.00000%
Elizabeth Merritt Strawbridge
7 Cloyster Street
South Portland, ME 04106
10.11110%
2
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 29 of 40
Membership Interests in 88 Hamilton Member Avenue Associates, LLC
88 Hamilton Member Avenue Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street, 4th Floor Stamford, CT 06901
25.00%
Marilyn J. Birdsall
Trustee of the Estate Tax Shelter Trust
60 Indian Head Road Riverside, CT 06878
1.57205%
Marilyn J. Birdsall IRA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
1.04803%
Estate of Robert M. Daly Matthew C. Daly, Administrator
155 East 34th Street, Apartment 4V New York, NY 10016
1.31004%
Charles P. Eaton
20 Point Road Norwalk, CT 06854
5.24017%
Gilbert H. Engels 2012 Family Trust
Anna M. Engels & Nicholas DiCostanzo, Trustees
413 Mill Hill Terrace Southport, CT 06890
4.58515%
Alvin J. Epstein
8 Marvin Street Norwalk, CT 06855
1.96507%
Edward T. Hapgood, Jr.
1939 Fairfield Beach Road Fairfield, CT 06824
2.62009%
Patricia C. Harding IRSA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
2.62009%
Paul Martin Kelly IRSA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
3.60262%
Pollyann Kelly
130 Brookline Drive Pinehurst, NC 28374
4.58515%
TLK Seaboard Investments, LLC
c/o Thomas L. Kelly, Jr., Manager 130 Brookline Drive
Pinehurst, NC 28374
9.82533%
Robert E. LaBlanc
60 East End Avenue, Apartment 19A New York, NY 10028
2.62009%
3
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 30 of 40
88 Hamilton Member Avenue Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Leonard & Leslie London
21697 Old Bridge Trail Boca Raton, FL 33428
5.24017%
C. Donald Martin
907 Cumberland Ridge Road Oxford, MS 38655
1.31004%
Rosemary McAllister
8 Peter Cooper Road #9B New York, NY 10010-6719
2.62009%
McGuire Family 2012 Irrevocable Trust
Judith S. McGuire, Trustee
1088 Park Avenue, Apartment 9E New York, NY 10128
2.62009%
Christopher & Michele Meehan
22 Bridle Trail Fairfield, CT 06824
0.32751%
Jack & Fran Meehan
1011 Pequot Avenue Southport, CT 06890
2.62009%
Douglas J. Mello
66 Milton Road, Apartment D11 Rye, NY 10580
2.62009%
Christine C. Merritt
83 Brookside Road Darien, CT 06820
3.60262%
W. Tyler Merritt
Black Diamond Equipment 142 Cochran Road Richmond, VT 05477
1.68502%
William A. Merritt, Jr.
83 Brookside Road Darien, CT 06820
1.26258%
Beth Meehan Palmer
10 West 15th Street #1205 New York, NY 10011
0.32751%
SAV Equities, LLC
Attn: Anthony J. Savarese 30 Drake Avenue
Rye, NY 10580
1.31004%
David H. and Janet M. Soskin
10 Dellwood Road Darien, CT 06820
1.26258%
Jeno Szeredas Trust Pollyann Kelly, Trustee
130 Brookline Drive Pinehurst, NC 28374
0.32751%
4
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 31 of 40
Membership Interests in 316 Courtland Avenue Associates, LLC
316 Courtland Avenue Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street, 4th Floor Stamford, CT 06901
38.0%
Richard H. Beahrs
964 Indian Rock Avenue Berkeley, CA 94707
0.90092%
Estate of Robert M. Daly Matthew C. Daly, Administrator
155 East 34th Street, Apt. 4V New York, NY 10016
0.50616%
Kathryn Daly IRA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
0.24826%
Kristen M. Daly IRA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
0.24826%
Matthew Daly IRA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
0.24826%
Robert Daly IRA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
0.24826%
M. Lynn DiMenna
19 Rockwell Lane Darien, CT 06820
1.26614%
Christopher Durfee CSD Holdings, LLC
c/o Merrill Lynch, Attn: Caroline Wall 38 East Main Street
Mystic, CT 06355
0.87313%
Charles P. and Judith D. Eaton
20 Point Road
Norwalk, CT 06854-5021
5.67549%
Gilbert H. Engels 2012 Family Trust
Anna M. Engels & Nicholas DiCostanzo, Trustees
413 Mill Hill Terrace Southport, CT 06890
10.59413%
Alvin J. Epstein
8 Marvin Street Norwalk, CT 06855
2.98489%
Edward T. Hapgood, Jr.
1939 Fairfield Beach Road Fairfield, CT 06824
0.90273%
5
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 32 of 40
316 Courtland Avenue Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Pollyann Kelly
130 Brookline Drive Pinehurst, NC 28374
3.44294%
TLK Seaboard Investments, LLC
c/o Thomas L. Kelly, Jr., Manager 130 Brookline Drive
Pinehurst, NC 28374
16.34313%
Leonard & Leslie London JTWROS
21697 Old Bridge Trail Boca Raton, FL 33428
3.81407%
Andrew Mann Living Trust
c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
0.90890%
Jonathan Mann
23 Woodland Road Bedford, NY 10506
0.73428%
McGuire Family 2012 Irrevocable Trust
Judith S. McGuire, Trustee
1088 Park Avenue, Apartment 9E New York, NY 10128
2.70873%
Jack Meehan
1011 Pequot Avenue Southport, CT 06890
3.06949%
Douglas J. Mello
66 Milton Road, Apartment D11 Rye, NY 10580
0.90273%
Christine C. Merritt
83 Brookside Road Darien, CT 06820
0.80200%
David H. and Janet M. Soskin
10 Dellwood Road Darien, CT 06820
3.08872%
Jeno Szeredas Trust Pollyann Kelly, Trustee
130 Brookline Drive Pinehurst, NC 28374
0.59433%
Elliot J. Tuckel
4347 James Estate Lane Wellington, FL 33449
0.90273%
6
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 33 of 40
Membership Interests in 300 Main Management, Inc.
300 Main Management, Inc.
Equity Holder
Address of Equity Holder
Interest Percentage
Thomas L. Kelly, Jr.
58 Sunswyck Road Darien, CT 06820
50.00%
William A. Merritt, Jr.
83 Brookside Road Darien, CT 06820
50.00%
7
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 34 of 40
Membership Interests in 300 Main Street Member Associates, LLC
300 Main Street Member Associates, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street, 4th Floor Stamford, CT 06901
25.00%
Pollyann Kelly Roth IRA
PENSCO Trust Company
1560 Broadway, 4th Floor Denver, CO 80202-3308
5.79965%
TLK Seaboard Investments, LLC
c/o Thomas L. Kelly, Jr., Manager 130 Brookline Drive
Pinehurst, NC 28374
35.58875%
Peter & Joanne Kevin
535 East 86th Street, Apartment 8H New York, NY 10028
8.23814%
Barbara Mazzie
4 Guilford Road
Port Washington, NY 11050
8.23814%
Christine C. Merritt
83 Brookside Road Darien, CT 06820
6.59051%
Ross Family Foundation
100 Old Windmill Road Clarks Summit, PA 18411
3.95431%
Faye Z. Ross
7118 Lincoln Drive Philadelphia, PA 19119
3.29525%
James A. Ross
100 Old Windmill Road Clarks Summit, PA 18411
3.29525%
8
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 35 of 40
Membership Interests in PSWMA I, LLC
PSWMA I, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
PSWMA II, LLC
1 Atlantic Street Stamford, CT 06901
100%
9
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 36 of 40
Membership Interests in PSWMA II, LLC
PSWMA II, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Seaboard Realty, LLC
1 Atlantic Street Stamford, CT 06901
100%
10
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 37 of 40
Membership Interests in Tag Forest, LLC
Tag Forest, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Marilyn J. Birdsall
Trustee of the Estate Tax Shelter Trust
60 Indian Head Road Riverside, CT 06878
4.00000%
Charles P. and Judith D. Eaton
20 Point Road
Norwalk, CT 06854-5021
13.33333%
Jeffrey J. & Theresa W. Eaton
4017 Ella Lee Lane Houston, TX 77027
0.83333%
Steven D. Eaton
139 East 36th Street, Apt 2 New York, NY 10016
0.83333%
Gilbert H. Engels 2012 Family Trust
Anna M Engels & Nicholas DiCostanzo, Trustees
413 Mill Hill Terrace Southport, CT 06890
6.66667%
Susan R. Epstein
8 Marvin Street Norwalk, CT 06855
7.00000%
Greehorn Mesa Partners, LTD.
c/o Meshannon & Associates, Inc. 2001 Kirby Drive, Suite 504 Houston, TX 77019
8.83333%
Kelly 2007 Family Trust James A. Ross, Trustee
100 Old Windmill Road Clarks Summit, PA 18411
3.33333%
Thomas E. Kelly
11 Parish Lane
New Canaan, CT 06840
1.00000%
TLK Seaboard Investments, LLC
c/o Thomas L. Kelly, Jr., Manager 130 Brookline Drive
Pinehurst, NC 28374
14.50000%
Andrew Mann Trust
c/o Jonathan Mann 23 Woodland Road Bedford, NY 10506
2.08333%
Jonathan Mann
23 Woodland Road Bedford, NY 10506
4.16667%
Jonathan Mann Trust
23 Woodland Road Bedford, NY 10506
2.08334%
21793892
Case 15-12507-LSS Doc 26
Filed 12/21/15 Page 38 of 40
Tag Forest, LLC
Equity Holder
Address of Equity Holder
Interest Percentage
Douglas J. Mello
66 Milton Road, Apartment D11 Rye, NY 10580
1.66667%
Brian E. Merritt
PO Box 12791
3165 Pitchfork Drive Jackson, WY 83002
2.00000%
W. Tyler Merritt
Black Diamond Equipment 142 Cochran Road Richmond, VT 05477
2.00000%
William A. Merritt, Jr.
83 Brookside Road Darien, CT 06820
7.66667%
James A. Ross
100 Old Windmill Road Clarks Summit, PA 18411
1.66667%
SAV Equities, LLC
Attn: Anthony J. Savarese 30 Drake Avenue
Rye, NY 10580
4.00000%
David H. and Janet M. Soskin
10 Dellwood Road Darien, CT 06820
3.33333%
Gregory V. Stanton
14 Pryer Lane Larchmont, NY 10538
2.00000%
Elizabeth Merritt Strawbridge
7 Cloyster Street
South Portland, ME 04106
2.00000%
2
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 39 of 40
Schedule 1 Possible Membership Interests of SSIG
Equity Holder
Address of Equity Holder
Andrea O. and Terrance Michael Burke
18 Woolsley Avenue Trumbull, CT 06601
Collinwood, LLC
189 Bedford Street Stamford, CT 06901
Angelo Guagliano
120 Inverness Drive Bluffton, SC 29910
Michael Kirschbaum
7103 Fresh Pond Rd, #A1C Queens, NY 11385
Louis Pento
17 Scranton Street Staten Island, NY 10304
Joseph Pelli
59 Squires Lane
New Canaan, CT 06840
Richard A. Robustelli
31 Eastover Road Stamford, CT 06905
Susan R. Schmidt
150 West Cedar Street, Apt 11 Norwalk, CT 06854
June Decker Solaazo
30 Richmond Hill Road New Canaan, CT 06840
Steven C. Solazzo
11 Nursery Road
New Canaan, CT 06840
Seaboard Properties, Inc.
1 Atlantic Street, 4th Floor Stamford, CT 06901
21793892
Case 15-12507-LSS Doc 26 Filed 12/21/15 Page 40 of 40
Debtor Name Newbury Common Associates, LLC, et al.
United States Bankruptcy Court for the: _________ District of Delaware Case Number (if known) 15-12507 (LSS) Jointly Administered

Official Form 202
Declaration Under Penalty of Perjury for Non-Individual Debtors 12/15
An individual who is authorized to act on behalf of a non-individual debtor, such as a corporation or partnership, must sign and submit this form for the schedules of assets and liabilities, any other document that requires a declaration that is not included in the document, and any amendments of those documents. This form must state the individual’s position or relationship to the debtor, the identity of the document, and the date. Bankruptcy Rules 1008 and 9011.
WARNING — Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
Declaration and signature
I am the president, another officer, or an authorized agent of the corporation; a member or an authorized agent of the partnership; or another individual serving as a representative of the debtor in this case.
I have examined the information in the documents checked below and I have a reasonable belief that the information is true and correct: ☐ Schedule A/B: Assets–Real and Personal Property (Official Form 206A/B)
☐ Schedule D: Creditors Who Have Claims Secured by Property (Official Form 206D) ☐ Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 206E/F)
☐ Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G)
☐ Schedule H: Codebtors (Official Form 206H)
☐ Summary of Assets and Liabilities for Non-Individuals (Official Form 206Sum)
☐ Amended Schedule
☐ Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders (Official Form 204) ☐ Other document that requires a declaration Equity Holder Lists
I declare under penalty of perjury that the foregoing is true and correct.1

Executed on
12/21/2015 MM / DD / YYYY
X /s/ Marc Beilinson
Signature of authorized representative of debtor
Marc Beilinson Printed name
Title
Chief Restructuring Officer
1
For the reasons set forth in my declaration in Support of the Chapter 11 Petitions, the Debtors are continuing to review their assets, liabilities and ownership interests.
21793892

Thanks a Thousand

On 11/15/15, I switched to new software which better monitors this blog. As a result, the data for this blog from before 11/15/15 are not useable. There was a do over as of 11/15/15.

On 1/12/16 at about 4:30 PM, this blog welcomed a visit from its 1000th unique IP address since 11/15/15. Today, on 1/14/16 at about 9 AM, this blog is past 1100 uniques.

A unique IP address represents a computer which is a surrogate for a person. The assumption is that one unique IP address = one person. Obviously, this may not always be the case. For example, one person may use two computers or smart phones and two people may use one computer or smart phone. The assumption is that these exceptions will even out so we assume one unique IP address = one person.

Therefore, over 1000 individuals have visited this blog SINCE 11/15/15, two months ago. If we were able to go back to the blogs beginning, the number would be larger.

To put 1000 in perspective, it is about 35% of the number of voters in the last election. I have been told that the Darien Times had a circulation of 6000 when the paper was free. I have been told that the circulation is now 3000 after the Times decided to charge for the paper. If true, this blog has a circulation that is one third of the Times’ current circulation. In the context of Darien, 1000 is a big number.

I want to thank everyone for their support. I have been asked if I would consider taking advertising on this blog. Absolutely not. I am not in this for the money. My passion is to get Paramedics based in Darien. You and your loved ones deserve the chance for life. I will not stop until Darien has Paramedics.

I also cover many other issues. I make mistakes. I try to bring you news that others will not. I believe in intellectual violence. My hope is that the best ideas win out. I have no problem questioning and criticizing. I DERIDE, YOU DECIDE.

Once again. Thank you.

Walter Casey