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DOCKET
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EXTRACTED KEY WORDS
No key words found in document. -------------- This indicates that document is an image. -------------- Images in PDF files often contain text readable by persons but not by scanners. |
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2
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SUP RESP OF DEF TO INTER
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EXTRACTED KEY WORDS
PROVIDENCE KPMG PEAT MARWICK DEFENDANT MACDONALD EMPLOYMENT SUPPLEMENT PROFESSIONAL SERVICES HEREINAFTER IDENTI RESPONSE ARTHUR MACDONALD DAVID HENRY KEIGWIN DANIEL SCHMITT ERNST BUSINESS RESIDENCE BALTIMORE PARTNER PEAT MARWICK LLP CONSUMER CREDIT LRELEVANT NATURE C-1 REASONABLE INQUIRY KPMG RESERVES AMEND |
STATE OF M O D E ISLAND
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD, DAVID
MACDONALD and HENRY J.
KEIGWIN
Plaintiffs
V.
KPMG PEAT MARWICK, PEAT
MARWICK, MAIN & CO., DANIEL
F. SCHMITT and ERNST & YOUNG
Defendants
SUPPLEMENTAL
OF DEFENDANT KPMG PEAT MARWICK
\
. . 7
L,;
INTERROGATORY NO. 1. Identify the person
name, business and residence address, position with defendant, and length
defendant.
RESPONSE: James M. Quigley, KPMG Peat Marwick
Baltimore, MD 21202-6199, Partner, employed since 1963. The following
- responses are based on both personal knowledge and on information gathered
KPMG Peat Marwick LLP.
. -
Identify all
defendant who were involved in providing professional services of any
Corporation (hereinafter, I'CCC'') for the period January 1, 1983 to and
LQ 3989 (hereinafter, the 'lrelevant period"). For each such person identified,
CJ-1 . . d J
&e services provided and the period during which he or she provided the
c, :::: c f l
c ~1. ", t=
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3
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RESP TO PLF MOT TO COMPEL
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EXTRACTED KEY WORDS
MARWICK PLAINTIFFS DEFENDANTS CLIENT PROVIDENCE MACDONALD KPMG PEAT MARWICK RESPONSE INVESTMENT CCCS BLACKSTONE VALLEY ACCOUNTING FIRM RHODE ISLAND DEPOSIT INDEMNITY CORPORATION EARLIER1 AUDIT WORK DISCLOSE CONFIDENTIAL INFORMATION MARYLAND PARTY SUPPORT SPECULATIVE CLAIM NON-PARTY CLIENT SELL CCCS FACTUAL BASIS ALLEGATION HARASS PEAT EMBARRASS |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, Sc.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD, DAVID
MACDONALD and HENRY J.
KEIGWIN
Plaintiffs
V. : PC 9 3 - 7 0 8 9
KPMG PEAT MARWICK, PEAT
MARWICK, MAIN & CO., DANIEL
F. SCHMITT and ERNST & YOUNG
Defendants
RESPONSE TO PLAINTIFFS' MOTION TO COMPEL
Plaintiffs allege that KPMG Peat Marwick, LLP, its
predecessor and one of its partners (collectively, 'Peat
Marwick") are responsible for the loss of their investment in
Commercial Credit Consumer Services, Inc. ("CCCS,') .
In 1988, plaintiffs purchased CCCS. They changed its name
to Blackstone Valley Loan and Investment Company ("Blackstone
Valley") and continued to operate it- as a Rhode Island Share and
Deposit Indemnity Corporation ("R1SDIC")-insured financial
institution until it was closed in January 1991. Plaintiffs
claim that because Peat Marwick audited RISDIC seven (7) earlier1
the accounting firm should produce records of its audit work
presumably to show that in 1981 defendants knew that RISDIC was
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4
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MEM FOR PLF TO COMPEL ANS
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EXTRACTED KEY WORDS
KPMG DEFENDANTS PEAT MARWICK INTERROGATORIES MORTGAGE ACCOUNTING TRANSACTION PROVIDENCE MACDONALD BANK RHODE ISLAND COMMERCIAL CREDIT HEREINAFTER AUDITOR ADVICE DILIGENCE COMMERCIAL CREDIT CONSUMER CCCS INDEMNITY CORPORATION PARTNER INTERNATIONAL ACCOUNTING FIRM CONNECTION CONTEMPLATED TRANSACTION NATURE DESIRABILITY ACQUISITION PARENT COMPANY LLCCC PROPOSED TRANSACTION |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD,
DAVID MACDONALD and
HENRY J. KEIGWIN
vs .
KPMG PEAT MARWICK,
PEAT MARWICK, MAIN & CO,,
DANIEL F. SCHMITT and
ERNST & YOUNG
MEMOFUNDUM IN SUPPORT OF
PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES
The plaintiffs move for an order compelling the defendants
to provide answers to interrogatories.
This action arises out of the plaintiffs' claim that the
defendants breached their duty of care in the provision of
accounting and professional consulting services. The defendants b ,. ..
have refused
t o provide answers to most of the interrogatories
I--
. ...
3.
served by plaintiff David MacDonald, and have objected even to 8, .
' , ? ~ - ,
, .
the interrogatories to which they provided some response, based - ,
,*. -.
2 .
; -. ." <:
, ,
on their assertion that they enjoy some sort of privilege to
!. ,
-' ,
L., T' .T -3
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5
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RESPOF DEFTO INTER
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EXTRACTED KEY WORDS
DISCOVERY INTERROGATORY EMPLOYEES PROVIDENCE DEFENDANTS OBJECT ADMISSIBLE EVIDENCE RESPONSE PLAINTIFFS AGENTS SALE DISPOSITION BANKS FLEET KENNEDY PLAZA PARTNERS PROFESSIONAL SERVICES RELEVANT PERIOD IRRELEVANT ANT OFFICERS CONSULTANTS DEFENDANT DEALT CONNECTION |
STATE OF RHODE ISLAND
PROVIDENCE , SC .
CENTURY MORTGAGE CO. , INC. ,
AIiTHUR MACDONALD, DAVID
MACDONALD and HENRY J.
KEIGWIN
Plaintiffs
V.
KPMG PEAT MARWICK, PEAT
MARWICK, MAIN & CO. , DANIEL
F. SCHMITT and ERNST & YOUNG
Defendants
- . , . INTERROGATORY NO. 1. Identify
, - ---interrogatories, giving name, business and residence
..
-:: , ,-.@sition with defendant, and length of employment by the
-..
. . d'qfendant .
-I
-- ,
-
- _
i
..x , . RESPONSE: Daniel F.
. . .
' ,--,
. ,
- ,
: . , 600 Fleet Center, 50 Kennedy Plaza, Providence, RI 0 2 9 0 3 ;
residence: 36 Mallard Cove Way, Barrington, RI
SNIPPETS:
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6
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RESP OF DEF TO INTEROG
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EXTRACTED KEY WORDS
INTERROGATORY EMPLOYEES KPMG PEAT MARWICK RESPONSE DISCOVERY MACDONALD PARTNERS AGENTS DEFENDANTS OBJECT PROVIDENCE DAVID DANIEL SCHMITT RESIDENCE PROFESSIONAL SERVICES HEREINAFTER ADMISSIBLE EVIDENCE PLAINTIFFS SALE DISPOSITION BANKS BARRINGTON CONSUMER CREDIT CORPORATION LLCCCII NATURE OFFICERS CONSULTANTS DEFENDANT DEALT CONNECTION |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE , SC .
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD, DAVID
MACDONALD and HENRY J.
KEIGWIN
Plaintiffs
V . : PC 9 3 - 7 0 8 9
KPMG PEAT MARWICK, PEAT
MARWICK, MAIN & CO., DANIEL
F. SCHMITT and ERNST & YOUNG
Defendants
RESPONSE OF DEFENDANT KPMG PEAT MARWICK TO
INTERROGATORIES PROPOUNDED BY DAVID MACDONALD
. -Identify the person answering these
interrogatories, giving name, business and residence address,
position with defendant, and length of employment by the
defendant.
RESPONSE: Daniel F. Schmitt, Partner, KPMG Peat Marwick LLP,
600 Fleet Center, 5 0 Kennedy Plaza, Providence, RI 02903;
residence: 36 Mallard Cove Way, Barrington, RI 0 2 8 0 6 . Employed
since 1973.
INTERROGATORY NQ. 2 . Identify all partners, employees, and
other agents of this defendant who were involved in providing
professional services of any kind to Consumer Credit Corporation
(hereinafter, llCCCII) f o r the period January 1, 1983 to and
including January 31, 1989 (hereinafter, the "relevant period").
For each such person identified, describe the nature of the
RESPONSE: Defendants object to this interrogatory on the
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7
.
PLF INTER ADDRESSEDTO DEF
|
EXTRACTED KEY WORDS
ORAL COMMUNICATION ACT MACDONALD PEAT MARWICK ASSOCIATIONS DUTY REASONABLE EFFORT NATURE OBLIGATION AMEND SUBSEQUENT INFORMATION IDENTIFICATION SUFFICIENT DEPOSITION SERVE ATTENDANCE EXAMINATION LIMITATION OCCUPATION COMPANY AFFILIATION BUSINESS SUBSTANCE PARTICULARITY MATTER CUSTODIAN CORPORATIONS TRUSTS PARTNERSHIPS VENTURES CITIZENS GROUPS |
.
. .. -
@
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD,
DAVID MACDONALD and
HENRY J. KEIGWIN
vs . : C.A. NO. PC/93-7089
KPMG PEAT MARWICK,
PEAT MARWICK, MAIN & CO.,
DANIEL F. SCHMITT and
ERNST & YOUNG
PLAINTIFF DAVID MACDONALD'S INTERROGATORIES
ADDRESSED TO
DEFENDANT KPMG PEAT MARWICK
Pursuant to Rule 33 of the Rhode Island Rules of Civil
Procedure, plaintiff propounds the following interrogatories to
be answered separately and fully under oath and in writing within
forty ( 4 0 ) days from the date of service.
Definitions and Instructions
I 1 1 *...
'I ).' ""! ';,.,c'
,:',.. ..
8.. "--a-rld
all persons acting on your behalf or under your control. If
.+,,,.J
--,
-4
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8
.
DEF REPL TO PLF OP TO DIS
|
EXTRACTED KEY WORDS
DISMISS COMPLAINT NEGLIGENCE RHODE ISLAND MEMBERS ERNST MEMORANDUM MOTION LIMITED CLASS GENERAL INVESTING PUBLICV1 NEGLIGENT MISREPRESENTATION STANDARD MACDONALD DEFENDANT OPPOSITION FORESEEABILITY MEM LIABILITY EXTEND KRAUSE TTFORESEEABILITYTL STANDARD SETTLED LAW MODE ISLAND VAST MAJORITY RHODE ISLAND DEDOSITORS DEDOSITORS ECONOMIC PROTECTION YOUNQ ITHEREINAFTER IIDEPCO ARGUE |
STATE OF M O D E ISLAND
PROVIDENCE, SC . SUPERIOR COURT
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD,
DAVID MACDONALD and
HENRY J. KEIGWIN C . A . No. PC/93-7089
V.
KPMG PEAT MARWICK,
PEAT MARWICK, MAIN & CO. , ,/'
DANIEL F. SCHMITT and
ERNST & YOUNG
/'
DEFENDANT ERNST & YOUNG'S
REPLY TO PLAINTIFFS' MEMORANDUM IN
OPPOSITION TO MOTION TO DISMISS THE COMPLAINT
Defendant E r n s t & Young (l1E&YI 1) submits t h i s reply
memorandum in further support of its motion to dismiss the
complaint.
POINT I
THE COMPLAINT SHOULD BE DISMISSED BECAUSE
PLAINTIFFS WERE NOT MEMBERS OF A LIMITED
GROUP..WHOSE RELIANCE WAS ACTUALLY FORESEEN
A . Plaintiffs Were Not
Members of A Limited Class
plaintiffs never dispute that, to state a claim
against E&Y, they must have been members of a limited class.
See
I Memorandum
_ in Support of Defendant E r n s t & Young's Motion
to Dismiss the Complaint (I1E&Y Mem.") at 7-9. Because, at t h e
time E&Y performed its audits, plaintiffs by their own
admission' were no more than llpotential investors" in any of
45 institutions insured by the Rhode Island Share and Deposit
Indemnity Corporation (ttRISDIC tt) -- members of the general
investing public -- plaintiffs have no claim against E&Y for
negligence or negligent misrepresentation and plaintiffs'
complaint must be dismissed. See, e.a., Biben v. Card,
NO. 84-0844-CIV-W-6, s l i p op. at 16 (W.D. Mo. Apr. 10, 1985)
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9
.
PLF MEM IN OPP TO DISMISS
|
EXTRACTED KEY WORDS
CREDIT CONSUMER SERVICES HEREINAFTER CCCS ASANKING INSTITUTION RHODE ISLAND |
STATE OF RHODE ISLAND SUPERIOR
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONUD,
DAVID MACDONALD and
HENRY J. KEIGWIN
vs . : C.A. NO. PC/93-7089
KPMG PEAT MARWICK,
PEAT MARWICK, MAIN & CO.,
DANIEL F. SCHMITT and
ERNST & YOUNG
PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANT
ERNST & YOUNG'S MOTION TO DISMISS
Factual Backqround
In 1988, plaintiff Century Mortgage Co. Inc., was a
mortgage lending institution doing business in the states of
Rhode Island, New York, Connecticut, and Massachusetts.
Amended Complaint, I 6 . Century became aware that year that
;& 2 Commercial Credit Consumer Services, I n c , , (hereinafter, "CCCS" )
I.,,..
: ! x :-,::.'
.1?..7 , *./8K
' .>.
c:
L % asanking institution based in Rhode Island, was available for
-.,.
r"+ .\..I, -n
r.n
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10
.
PLF ANS TO DEFS 1ST INTER
|
EXTRACTED KEY WORDS
KPMG PEAT MARWICK MACDONALD DAVID PEAT MARWICK BUSINESS EXPERIENCE EDUCATIONAL BACKGROUNDS PLAINTIFFS INTERROGATORIES PEAT MARWICK EMPLOYEES BLACKSTONE VALLEY ACQUISITION BARRY ENGAGEMENT MORTGAGE ARTHUR MACDONALD KEIGWIN RESPONDING RESIDENCE BIRTH PRESIDENT SURROUNDING JACK JOHN RISDIC INSURED BANKING INSURED BANKING INSTITUTION ROBERT WILLUMSTAD STATING DECISION-MAKING PROCESS CERTIFIED PUBLIC ACCOUNTANTS |
0
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD,
DAVID MACDONALD and
HENRY J. KEIGWIN
vs . 7089
KPMG PEAT MARWICK,
PEAT MARWICK, MAIN b CO.,
DANIEL F. SCHMITT and
ERNST & YOUNG
PLAINTIFF DAVID B. MACDONXLD'S ANSWERS TO
DEFENDANTS' FIRST SET OF INTERROGATORIES
1. Identify the individual(s) responding to these
interrogatories by providing each individual's full name,
residence address, date of birth, present employment, job title
and business address and indicate to which questions(s) each
individual is responding.
ANSWER: My name is David B. MacDonald and I reside at 71
Boardley Road in Sandwich, Massachusetts. I am the President of
Mortgage Central Corp., President of Valley Management Corp.,
Partner of Blackstone Valley Place Associates, and Trustee of 49
Plain Street Nominee Trust, all of which entities are located at
25 Blackstone Valley Place, Lincoln, Rhode Island. My date of
birth is September 20, 1956.
2. Identify all individuals who have knowledge of the
circumstances surrounding the acquisition of CCCS including, but
not limited to, those.-.individuals
who contributed to or
p a r t i c i p a t e d i n t h e d e c i s i o i t o proceed w i t h t h e acquisition.
ANSWER: The following individuals knew of the circumstances
surrounding the acquisition of CCCS: Barry D. Adelson, Jack
Keigwin, Jack Zisk, James Meehan, Arthur MacDonald, Glenn
Tourtellot, Frank Ray, E s q . , Barry Gordon, E s q . , David Olson, Jim
SNIPPETS:
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11
.
PLF ANS TO DEFS 1ST INTER
|
EXTRACTED KEY WORDS
PLAINTIFFS BUSINESS TRANSACTION PEAT MARWICK PRESIDENT CCCS ENGAGEMENT PROVIDENCE HENRY INTERROGATORIES RESPONDING RESIDENCE BIRTH RHODE ISLAND FRENCH LINCOLN MACDONALD BUSINESS EXPERIENCE PERSONNEL KIEL WEST GERMANY NATURE SCOPE KPMG PURSUANT PERSONAL PROFESSIONAL RELATIONSHIP INVESTOR ACQUISITION ADVISER CONSULTANT |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
CENTURY MORTGAGE CO., IN7.t
ARTHUR MACDONALD, /
DAVID MACDONALD and I
HENRY J. KEIGWIN I
vs . !
1 //. PC/93-7089
!
KPMG PEAT MARWICK,
PEAT MARWICK, MAIN & CO.. i
DANIEL F. SCHMITT and * :
ERNST & YOUNG
PLAINTIFF HENRY J. KEIGWIN'S ANSWERS TO
DEFENDANTS' FIRST SET OF INTERROGATORIES
1. Identify the individual(s) responding to these
interrogatories by providing each individual's full name,
residence address, date of birth, present employment, job title
and business address and indicate to which queStions(3) each
individual is responding.
ANSWER: My name is Henry J. Keigwin and I reside at 28
Narragansett Bay Avenue, Warwick, Rhode Island. I am the
President of F.H. French Co., Inc., located at 6 Blackstone
valley Place, Suite 402, in Lincoln, Rhode Island. MY date Of
birth is April 9, 1938.
ANSWER: The persons of whom I am aware who have knowledge of
the transaction are Arthur MacDonald, David MacDonald, Barry
Adelson, James Meehan, and the individuals at KPMG Peat Marwick
(hereinafter, "KPMG") who were involved in the due diligence and
analysis with respect to the transaction. The only individual at
KPMG whom I can name at this time is Daniel Schmitt and Carl
Erickaon.
3 . Describe the educational background and business
experience of each of the individuals who contributed to or
SNIPPETS:
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12
.
DEF CENTMORT ANS TO INTER
|
EXTRACTED KEY WORDS
BUSINESS EXPERIENCE KPMG EDUCATIONAL BACKGROUNDS MORTGAGE COMPANY ARTHUR MACDONALD PEAT MARWICK PLAINTIFFS EMPLOYMENT DAVID HENRY KEIGWIN DANIEL SCHMITT INTERROGATORIES RESPONDING RESIDENCE BIRTH RHODE ISLAND PRESIDENT ACQUISITION ACCOUNTANTS RISDIC INSURED BANKING INSURED BANKING INSTITUTION LAW FIRM LICHT SEMONOFF TRANSACTION STATING CERTIFIED PUBLIC ACCOUNTANTS NATURE |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
CENTURY MORTGAGE CO., 1NC.f
ARTHUR MACDONALD,
DAVID MACDONALD and 1
HENRY J. KEIGWIN
vs .
KPMG PEAT MARWICK, J
PEAT MARWICK, MAIN & CO
DANIEL F. SCHMITT and
ERNST & YOUNG
PLAINTIFF CENTURY MORTGAGE COMPANY, INC.'S ANSWERS TO
DEFENDANTS' INTERROGATORIES
1. Identify the individual(s) responding to these
interrogatories by providing each individual's full name,
residence address, date of birth, present employment, job title
and business address and indicate to which questions(s) each
individual is responding.
ANSWER: My name is Barry David Adelson and I reside at 2 9
Broadview Drive in Barrington, Rhode Island. I am the V i c e
President of Domestic Loan and Investment Bank, located at 815
Reservoir Avenue in Cranston, Rhode Island. I am president of
Century Mortgage Company, Inc. My date of birth is April 10,
1947.
not limited to, those individuals who contributed to or
participated in the decision to proceed with the acquisition.
ANSWER: I am aware of the following individuals who knew of the
circumstances surrounding the acquisition of CCCS: David
MacDonald, Henry J. Keigwin, James Meehan, Arthur MacDonald,
David Olson, our accountants Daniel Schmitt and Carl Erickson as
well as others whose names I cannot now recall who were employed
by KPMG Peat Marwick, and our lawyers at the law firm Licht and
Semonoff. In addition, there were undoubtedly numerous people
associated with CCCS who were aware of the transaction.
SNIPPETS:
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13
.
DEF 1ST SET OF INTEROG
|
EXTRACTED KEY WORDS
COMMUNICATION SUBSTANCE BUSINESS PLAINTIFF RECIPIENT DEFENDANT ACQUIRED KNOWLEDGE OBTAINED ACCESS VII VIII CUSTODY CONTROL THEREOF OCCUPATION EMPLOYER DOCUMENT EMBODYING INDICATING NATURE INVOLVEMENT |
STATE OF RHODE ISLAND
S'WPERIOR COURT
PROVIDENCE, SC.
. _,
CENTIJRY MORTGAGE CO. , INC.
,) ','
ARTHUR MACDONALD, DAVID
MACDONALD and HENRY J.
KEIGWIN,
Plaintiffs,
v. \
PC 9 3 - 7 0 8 9
RPMG PEAT MARWICK, PEAT MARWICK, :
MAIN & CO., DANIEL F. SCHMITT
and ERNST & YOUNG,
Defendants.
DEFENDANTS' FIRST
Pursuant to Rule 3 3 of the
C.*.. -n
~L, K ~
.,J . ~
.-_ I:%
.+.,,*,. Rules of Civil Procedure, defendants KPMG
X%, f?[,
-qv ...,.,,
.,,. ...,, , C?
:,,y> S,,J
,. -%arwick, Main & Co. and Daniel F. Schmitt
__ :, -:, -77 --2:;
c: .I ._-
"(. ,>,, ,,...-I
-/_.. : "' ~ "~ ' ~ ~ . , , . ~ ~ ~
f ~
s l a i ~ ~ t i f
Century
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14
.
DEF 1ST REQ FOR PROD
|
EXTRACTED KEY WORDS
REQUEST PRODUCTION POSSESSION PRIVILEGE DISCOVERY MATERIALS PROTECTION CUSTODIAN SUPPLEMENTAL PRODUCTION MARWICK DANIEL SCHMITT DIRECT PLAINTIFFS NOTATIONS ALTERATIONS RENDER FIRM CORPORATION ACTING REQUEST ACTION POSSESSION ADDRESSEE MATTER FACTS DEFENDANTS ATTORNEYS CONTROL PRIOR COURT PROCEEDING WHICHEVER COMPLIANCE INDICATION |
. .. -
STATE OF RHODE ISLAND
SUPERIOR COURT
PROVIDENCE, SC.
CENTURY MORTGAGE C O . ,
ARTHUR MACDONALD, DAVID
,rr
MACDONALD and HENRY J.
KEIGWIN,
V .
PC 9 3 - 7 0 8 9
>- KPMG PEAT MARWICK, PEAT
,j. MAIN & C O . , DANIEL F. SCHMITT
and ERNST & YOUNG,
DEFENDANTS
OF
-_
<;::;+ -- ,;->, 7 ;
, q;
*
, , "." ...,..._ -. Pursuant t o Rule
- .//.. ',::I :+
-3;7 j: ,':; .::i..;
-.7,,,,,. .-"';.'13~~~~~Rules
of C i v i l
SNIPPETS:
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15
.
PLF REQ FOR PROD OF DOCS
|
EXTRACTED KEY WORDS
REQUESTS MATTER PROVIDENCE MACDONALD RECORDINGS PHOTOGRAPHS BROCHURES DRAWINGS CUSTODY REPRESENTATION PRIVILEGE PROVISION PLAINTIFFS CONTROL COUNSEL AGENT EMPLOYEE ACTING HANDWRITTEN NOTATIONS DOCUMENT RENDER PSIVILEQED INFORMATION DISCOVERY DEFENDANT RELIES FACTS DEFENDANT BASES ADVICE SUCCEEDING REQUESTS WHATEVER CLIENT FILE |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD,
DAVID MACDONALD and
HENRY J. KEIGWIN
vs . : C.A. NO. PC/93-7089 /
/
KPMG PEAT MARWICK, ./
PEAT MARWICK, MAIN & CO.,
DANTEL F. SCHFITT and
I ./ 7,
u , , ,'ERNST & YOUNG
8
, "'
PLAINTIFFS' REOUEST FOR PRODUCTION OF DOCUMENTS
ADDRESSED TO DEFENDANTS
KPMG PEAT MARWICK AND PEAT MNtWICK, MAIN h CO.
YOU are hereby requested to produce in accordance with Rule
34 of the Superior Court Rules of Civil Procedure true and exact
copies of the following documents to be mailed to R . Daniel
Prentiss and Associates, 170 Westminster Street, Suite 1000,
Providence, RI 02903 within twenty (20) days from the date of
service hereof.
Definitions and Instructions
As used herein, "document" shall mean the original and any
non-identical copy of every kind of written, printed, recorded,
graphic or photographic matter or sound reduction, including but
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16
.
RESP OF DEF KPMGPM
|
EXTRACTED KEY WORDS
PEAT MARWICK PARAGRAPH AVERMENTS INFORMATION SUFFICIENT TRUTH KPMG DENIES KPMG ADMITS PARTNER DANIEL SCHMITT ENGAGEMENT ACCOUNTING ISLAND DEFENDANTS COMPLAINT CONNECTION TAX ACTING CAPACITY MATTER PLAINTIFFS REFER SECOND PARAGRAPH KPMG PROVIDED ACCOUNTING SCHITT PROVISION ADVICE BANKING INSTITUTION RHO |
STATE OF RHODE ISLAND
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR J%ACDONALD, DAVID
MACDONALD and HENRY J.
KEIGWIN
vs . C.A. :NO.
,, '
.
KPMG PEAT MARWICK, PEAT " ,.a
. > . * .
MARWICK, MAIN / '
~
& CO.
, - q,
DANIEL F. SCHMITT and .:/
ERNST & YOUNG
RESPONSE OF DEFENDANTS
KPMG PEAT MARWICK, PEAT MARWICK, MAIN & c0.1
AND DANIEL F. SCHMITT
Defendants KPMG Peat Marwick, Peat Marwick, Main & Co.,
and Daniel F. Schmitt (collectively, "KPMG") respond to the
correspondingly numbered paragraphs of the Complaint as follows:
1. KPMG is without knowledge or information sufficient to
form a belief as to the truth of the averments in Paragraph 1.
2. KPMG is without knowledge or information sufficient to
form a belief as to the truth of the averments in Paragraph 2.
3. KPMG denies the averments in Paragraph 3.
4 . KPMG admits that KPMG Peat Marwick is a partnership
engaged in the business of accounting and that it is the
successor to certain interests of Peat Marwick, Main & Co. KPMG
denies the remaining averments in Paragraph 4.
5. KPMG admits that Daniel F. Schmitt (llSchmittll) is a
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17
.
MEM TO DISMISS THE COMPL
|
EXTRACTED KEY WORDS
ARTHUR BANK PEAT MARWICK DANIEL ERNST BADISCHE CAYLOR CREDIT BRIMS STERNER BROCKTON SAV MITCHELL CAMMER BLOOM CITIZENS KENNEDY COE COMEAU RUPP CONTICOMMODITY SERV LITIQ CREDIT ALLIANCE DOWLINS REDEVELOPMENT ACYENCY WOONSOCKET ESTATE BRASWELL CREDIT UNION |
STATE OF RHODE ISLAND
PROVIDENCE, SC.
CENTURY MORTGAGE CO., INC.,
ARTHUR MACDONALD,
DAVID MACDONALD and
J
HENRY J. REIGWIN
PC/93-7089
/ I
V.
KPMG PEAT MARWICK,
PEAT MARWICK, MAIN & CO. ,
DANIEL F. SCHMITT and
ERNST & YOUNG
MEMORANDUM
ERNST & YOUNG'S MOTION TO DISMISS THE COMPLAINT
HAM
Of Counsel:
Daniel F. Kolb
Jerome G . Snider
DAVIS POLK & WARDWELL
450 Lexington Avenue
New York, New York
( 2 1 2 ) 450- 4000
-- and --
1300 I Street, N.W.
Washington, D.C. 20005
(202) 962- 7000
John E. Matson
William E. Hammer, Jr.
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COMLAINT
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EXTRACTED KEY WORDS
BUSINESS RHODE ISLAND KPMG PEAT MARWICK YORK ACCOUNTING EMPLOYMENT SCHMITT MASSACHUSETTS PRACTICE PROVIDENCE MORTGAGE DANIEL ERNST CITIZENS AGENT ACTS SCOPE SCHRNITT DEFENDANT SCHMITT PARTNER A11 ACTIONS INSOFAR SCHMITT HEREINAFTER MORTGAGE LENDING INSTITUTION CONNECTICUT PRIOR CERTIFIED PUBLIC ACCOUNTING PUBLIC ACCOUNTING FIRM ADVICE |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
/"
CENTURY {''
MORTGAGE CO., INC.,
ARTHUR MACDONALD, ./
DAVID MACDONALD and d
/
HENRY J. KEIGWIN
vs . : C.A. NO. PC/93- 7*tiq
KPMG PEAT MARWICK, PLAINTIFFS DEMAND A
PEAT MARWICK, MAIN & CO., TRIAL BY JURY
DANIEL F. SCHMITT and
ERNST & YOUNG
COMPLAINT
1. Plaintiff Century Mortgage Co., Inc. (hereinafter,
"Century") is a business corporation organized under the laws of
the Commonwealth of Massachusetts, and is authorized to conduct
business ,in th e State of Rhode Island and o t h e r states. Its
principal place of business is i n L i n c o l n , Rhode Island.
2. David MacDonald, Arthur MacDonald, and Henry J. Keigwin
are citizens and residents of the States of Massachusetts,
Florida, and Rhode Island, respectively.
3 . Peat Marwick, Main & Co. is a professional partnership
engaged in the practice of accounting, with its principal place
of business in Providence, Rhode Island.
4 . KPMG Peat Marwick is a business entity engaged in the
practice of accounting, with its principal place of business in
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CASE COVERSHEET
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EXTRACTED KEY WORDS
PETITION DAMAGE SUPERIOR COURT APPEALS TAX PROPERTY DAMAGE MALPRACTICEIOTHER PERSONAL INJURY TRUSTEEIACCOUNTING WITNESS CIVIL PEAT MARWICK MACDONALD DANIEL PROBATE RELIEF CHARTER COMMON LAW RECOVERY WRIT CONVERSION CLEARING JUDGEMENT ARBITRATION PET RTA ARBITRATION FOC FORFEITURE PIN PET INVENTORY |
STATE OF RHODE ISLAND
IL
SUPERIOR COURT
y Clerk's Office)
I
Superior Court.
PLAINTIFFS: DEFENDANTS:
CENTURY MORTGAGE C O . , INC., KPMG PEAT
ARTHUR MACDONALD, PEAT
DAVID MACDONALD and DANIEL F
HENRY J . KEIGWIN ERNST 6
I
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NATURE o~ PROCEED ING -
Check the applicable case type under the
District Court Appeal 0
yes (Check type below) CIVIL ACTIONS
- 0
AGA Agency appeal 0
DPC Denial of probate claim
0
ALA Alienation of affection 0
EXT Excessive tax
0
ANT Anti-trust 0
INR Injunctive relief
vehicle
0
AS6 Assault and battery 0
IPL Interpleader
0
BKA Book account 0
LIB Libelislander
r
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