Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 1 of 11
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`UNITED STATES DISTRICT COURT
`DISTRICT OF COLUMBIA
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` Case No. 1:14-cv-01996-BAH
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`Petitioners,
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`v.
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`THE RUSSIAN FEDERATION,
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`
`________________________________________
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`)
`HULLEY ENTERPRISES LTD., YUKOS
`)
`UNIVERSAL LTD., AND VETERAN
`)
`PETROLEUM LTD.,
`)
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`)
`)
`)
`)
`)
`)
`)
`Respondent.
`)
`________________________________________ )
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`
`
`THE RUSSIAN FEDERATION’S
`MOTION FOR LEAVE TO FILE A SUR-REPLY
`IN OPPOSITION TO PETITIONERS’ MOTION TO STRIKE
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`
`
`
`
`Exhibit C:
`
`Yukos Capital SàRL v. Feldman, No. 15-cv-4964-LAK, Feldman Rule 26(a)(1) Initial
`Disclosures, Confirming The Oligarch “Mikh[a]il Brudno” Is An Individual With
`Discoverable Information Regarding Topics Such As The 2011 GML Agreement
`
`
`
`
`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 2 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 1 of 10
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`Exhibit A
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`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 3 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 2 of 10
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`§
`§
`§
`§
`§
`§
`§
`Defendant.
`______________________________________§
`§
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`______________________________________
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`YUKOS CAPITAL, S.A.R.L., et al.,
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`Plaintiffs,
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`v.
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`DANIEL CALEB FELDMAN,
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`DANIEL CALEB FELDMAN,
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`Counterclaim-Plaintiff,
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`v.
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`YUKOS CAPITAL S.A.R.L., et al.,
`
`Case No. 15-4964-LAK
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`RULE 26(a)(1)
`INITIAL DISCLOSURES
`OF DANIEL C. FELDMAN
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`§
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`§§
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`§§
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`§§
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`§§
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`§§
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`§
`Counterclaim-Defendants.
`______________________________________§
`§
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`§§
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`§§
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`§§
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`§§
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`DANIEL CALEB FELDMAN,
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`Third-Party Plaintiff,
`
`v.
`
`DAVID GODFREY, et al.,
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`§
`Third-Party Defendants.
`______________________________________§
`
`DANIEL CALEB FELDMAN’S RULE 26(a)(1) INITIAL DISCLOSURES
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`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 4 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 3 of 10
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`Defendant, Counterclaim-Plaintiff and Third-Party Plaintiff Daniel Caleb Feldman
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`(“Feldman”), by and through his undersigned counsel, hereby serves the following initial
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`disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) and based on information
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`reasonably available to him as of this date. Mr. Feldman reserves the right to supplement and/or
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`modify these disclosures as he obtains information through discovery or otherwise becomes
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`aware of additional individuals, documents, data compilation or tangible things that may contain
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`discoverable information. Mr. Feldman further reserves the right to object to the use of the
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`disclosures herein on the grounds of relevancy, competency, materiality, admissibility, hearsay,
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`or for any other reason. Further, Mr. Feldman provides these disclosures without waiving any
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`applicable privilege, including but not limited to the attorney-client and work product privileges.
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`By making these initial disclosures, Mr. Feldman in no way represents that he has
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`identified every witness, document, data compilation, or other tangible thing that he may use to
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`support his claims and anticipated defenses. Rather, these disclosures represent a good faith
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`effort by Mr. Feldman to identify information currently available to him that falls within the
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`scope of Rule 26(a)(1). These disclosures also do not include information that may be used
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`solely for impeachment purposes.
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`These initial disclosures are organized to correspond to the general categories set forth in
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`Rule 26(a)(1). All of the disclosures set forth below are made subject to the above reservations
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`and qualifications. Pursuant to Rule 26(e), Mr. Feldman will supplement these initial disclosures
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`as necessary.
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`- 2 -
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`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 5 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 4 of 10
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`A. INDIVIDUALS WITH DISCOVERABLE INFORMATION
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`i. Rule 26(a)(1)(A)(i): The names, addresses (work and home), and telephone numbers
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`(work and home) of individuals likely to have discoverable information that Mr. Feldman may
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`use to support his claims or defenses are:
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`Name
`
`Daniel Feldman
`
`Armen Mikayelyan
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`Last Known Address and
`Telephone Number
`May be contacted through
`counsel only.
`Unknown
`
`Rudolf Mahitaryan
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`Unknown
`
`Cleanthis Georgiades
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`Cyprus
`
`Harlan Malter
`
`Unknown
`
`Sergi Ketcha
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`Unknown
`
`Martin Parr
`
`Dimitri Marinson
`
`c/o Morrison Cohen LLP
`909 Third Avenue
`New York, New York 10022
`Unknown
`
`Robert Foresman
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`680 Milton Road
`Rye, New York 10580
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`Stephen Lynch
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`438 Route 22, Number 22
`North Salem, New York
`10560
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`- 3 -
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`Subject Matter
`
`Claims and defenses at issue in this
`litigation.
`Current director of Yukos entities
`with knowledge as to the claims and
`defenses at issue in this litigation.
`Current director of Yukos entities
`with knowledge as to the claims and
`defenses at issue in this litigation.
`Current YHIL director with
`knowledge as to alleged political
`contributions and separate indemnity
`coverage.
`Current director of Yukos entities
`with knowledge as to the claims and
`defenses at issue in this litigation.
`Current director of Yukos entities
`with knowledge as to the claims and
`defenses at issue in this litigation.
`Current director of Yukos entities
`with knowledge as to the claims and
`defenses at issue in this litigation.
`Current director of Yukos entities
`with knowledge as to the claims and
`defenses at issue in this litigation.
`Current investor in Promneftstroy
`with knowledge of Promneftstroy and
`its legal proceedings.
`Founder of OOO Monte-Valle and
`investor in Promneftstroy with
`knowledge of Promneftstroy and its
`legal proceedings.
`
`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 6 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 5 of 10
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`Name
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`Richard Deitz
`
`Stephen Wilson
`
`Mikhil Brudno
`Timothy Osborne
`
`Eric Wolf
`
`David Godfrey
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`Steven Theede
`
`Marc Fleischman
`
`Bruce Misamore
`
`Michel de
`Guillenchmidt
`
`Gretchen King
`
`Eugene Dizenko
`
`Nick Day
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`Subject Matter
`
`Current investor in Promneftstroy
`with knowledge of Promneftstroy and
`its legal proceedings.
`
`In-house tax advisor for the Yukos
`entities.
`Former Yukos Oil shareholder.
`Former GML Limited director and
`firm partner in Wiggin Osborne
`Fullerlove and has knowledge of the
`GML Letter Agreement.
`Has knowledge of the GML Letter
`Agreement.
`
`Claims and defenses at issue in this
`litigation.
`Claims and defenses at issue in this
`litigation.
`Claims and defenses at issue in this
`litigation.
`Claims and defenses at issue in this
`litigation.
`Claims and defenses at issue in this
`litigation.
`
`Claims and defenses at issue in this
`litigation.
`
`Works with Gretchen King.
`
`Works with Gretchen King.
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`Last Known Address and
`Telephone Number
`Niddry Lodge
`51 Holland Street
`London W8 7JB
`+44 20 3761 9626
`Unknown
`
`Unknown
`Wiggin Osborne Fullerlove
`52 Jermyn Street
`London SW1Y 6LX
`
`Paragon Outcomes
`Management LLC
`509 Madison Ave, Suite 606
`New York, New York 10022
`2051 Vistazo East Street
`Tiburon, California 94920
`5498 Lynbrook Drive
`Houston, Texas 77069
`310 7th Street
`Del Mar, California 92104
`13402 Pinnacle Place
`Houston, Texas 77069
`69 Rue de Grenelle
`Paris, France
`FR-75007
`Yukos Services (UK)
`Limited
`96 Kensington High Street
`London, England W8 4SG
`Yukos Services (UK)
`Limited
`96 Kensington High Street
`London, England W8 4SG
`Yukos Services (UK)
`Limited
`96 Kensington High Street
`London, England W8 4SG
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`- 4 -
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`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 7 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 6 of 10
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`Name
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`Maria “Masha”
`Shvetsova
`
`Ali Naini
`
`William Shoff
`
`Nicole Faucher
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`Last Known Address and
`Telephone Number
`Yukos Services (UK)
`Limited
`96 Kensington High Street
`London, England W8 4SG
`Turquoise International
`2 Lambeth Hill
`London EC4V 4GG
`
`c/o Morrison Cohen LLP
`909 Third Avenue
`New York, New York 10022
`Fontaine Partners LLC
`1271 Avenue of the
`Americas, Suite 4300
`New York, New York 10020
`(212) 523-0213
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`Subject Matter
`
`Works with Gretchen King.
`
`Involved in the Yukos entities’
`purchase of Intelligent Energy; also
`has knowledge of Feldman’s
`defamation claims.
`Involved in the Yukos entities’
`purchase of Intelligent Energy.
`
`Involved in the potential purchase of
`the Yukos entities’ interest in
`Intelligent Energy.
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`Tim Bryan
`
`Director, Crowe Horwath
`Forensic Technology
`(916) 492-5153
`
`Knowledge as to Feldman’s
`affirmative defenses and trespass to
`chattels third-party claim.
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`In addition to the above-named individuals or entities, Mr. Feldman incorporates by
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`reference, as if fully set forth herein, all individuals or entities named by Plaintiffs and Third-
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`Party Defendants in both its initial and any supplementary disclosures.
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`Mr. Feldman reserves the right to name additional individuals or entities with knowledge
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`concerning the claims and defenses in this action or to remove individuals or entities from this
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`list as his investigation and discovery proceeds. Mr. Feldman also reserves the right to object to
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`the deposition or trial testimony of any individual identified in these initial disclosures.
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`- 5 -
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`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 8 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 7 of 10
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`B. RELEVANT DOCUMENTS, ELECTRONICALLY STORED INFORMATION
`& TANGIBLE THINGS
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`ii.
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`Pursuant to Rule 26(a)(1)(A)(ii), Mr. Feldman provides the following categories
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`and locations of documents, electronically stored information, and tangible things that he has or
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`may have in his possession, custody, or control, and that he may use to support his claims and/or
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`anticipated defenses in this action, unless such use would be solely for impeachment:
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`1.
`
`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`Emails: from 2002 through 2006, Feldman used a Yukos email server;
`from 2007 through February 2014, Feldman used a personal Gmail
`account.
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`Documents and correspondence related to the ownership, organizational,
`and management structures of Plaintiffs, Third-Party Defendants and
`affiliated or related entities.
`
`Documents and correspondence related to the termination of Mr.
`Feldman’s employment with Plaintiffs, Third-Party Defendants and
`affiliated or related entities.
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`Documents and correspondence related to the corporate waste and self-
`dealing of Plaintiffs, Third-Party Defendants and affiliated or related
`individuals and entities.
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`Documents and correspondence related the advancement and
`indemnification policies available to Mr. Feldman from Plaintiffs, Third-
`Party Defendants and affiliated or related entities.
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`Documents and correspondence related to the finances of Plaintiffs, Third-
`Party Defendants and affiliated or related individuals and entities during
`the relevant time periods.
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`Documents and correspondence related to the GML Letter Agreement and
`GML Limited “bonus pool” or kick-back scheme involving the Plaintiffs,
`Third-Party Defendants and affiliated or related individuals and entities.
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`Documents and correspondence related to Mr. Feldman’s refusal to
`participate in wasteful, self-dealing, or kick-back schemes involving the
`Plaintiffs, Third-Party Defendants and affiliated or related individuals and
`entities.
`
`Documents and correspondence related to the defamation of Mr. Feldman
`by Plaintiffs, Third-Party Defendants and affiliated or related individuals
`and entities.
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`- 6 -
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`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 9 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 8 of 10
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`10.
`
`11.
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`Documents and correspondence related to the practice of obtaining,
`illegally and without authorization, confidential and privileged electronic
`and digital information from Mr. Feldman and others, by Third-Party
`Defendants and affiliated or related individuals and entities.
`
`Documents and correspondence addressing exculpation provisions related
`to Mr. Feldman and his obligations to the underlying entities.
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`12.
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`Documents addressing Mr. Feldman’s damages.
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`Mr. Feldman maintains material potentially containing information relevant to the claims
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`and defenses in this action as both hard copy documents and as electronically stored information.
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`A majority of the hard copy documents are maintained in New York. The electronically stored
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`information is maintained on servers with Yukos and Google. Documents also may be located in
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`the offices of Yukos’s attorneys, from publicly available sources, in the possession of non-parties
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`or are already in the possession of the Yukos entities and/or their attorneys. Mr. Feldman’s
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`investigation regarding the facts and circumstances of this case is ongoing, and Mr. Feldman will
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`supplement his disclosures as appropriate under the Federal Rules of Civil Procedure and the
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`Local Rules and Orders of this Court.
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`C. INFORMATION RELATED TO THE CALCULATION OF DAMAGES
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`iii. Rule 26(a)(1)(A)(iii): Computation of Mr. Feldman’s Damages
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`Mr. Feldman filed various counterclaims against the Counterclaim-Defendants and third-
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`party claims against the Third-Party Defendants. Mr. Feldman requested various forms of
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`declaratory and injunctive relief. As a result, it is not possible at the present time to identify the
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`full extent of his damages. Nonetheless, Mr. Feldman’s damages include compensatory relief for
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`Plaintiffs and Third-Party Defendants’ breaches of contract and tortious conduct. This includes
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`attorneys’ fees, expenses and costs Mr. Feldman incurred and continue to incur pertaining to
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`judicial and quasi-judicial proceedings to which he was a party, witness or was previously
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`- 7 -
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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 10 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 9 of 10
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`involved. In addition, Mr. Feldman is working to quantify the losses he incurred as a result of
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`Plaintiffs and Third-Party Defendants’ tortious conduct. At the present time, Mr. Feldman’s
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`damages are ongoing and will necessarily require a determination by the jury at the trial of this
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`case.
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`Given the fact that Mr. Feldman’s compensatory damages calculations are dependent on
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`future events and may be subject to facts and figures within Plaintiffs and Third-Party
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`Defendants’ possession, it is not possible to compute the exact figures at this moment. Mr.
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`Feldman reserves the right to supplement, amend and/or modify this disclosure as additional or
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`different information becomes available through investigation and discovery.
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`In addition to injunctive and compensatory relief, Mr. Feldman will seek an award of
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`punitive damages and attorneys’ fees, costs and expenses for his defense of this litigation,
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`together with an award of both pre- and post-judgment interest at the applicable legal rates.
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`D. INSURANCE
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`iv. Rule 26(a)(1)(A)(iv): Plaintiffs have sued Mr. Feldman under various causes of
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`action. At this point, Mr. Feldman does not believe that he has an insurance policy to cover such
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`claims.
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`Nevertheless, there are various corporate undertakings and other agreements that provide
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`Mr. Feldman with indemnity and advancement rights for the alleged losses, expenses and
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`attorneys’ fees at issue in this proceeding and other proceedings. The corporate undertakings
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`and other agreements include, without limitation, the following: (i) Deed of Restatement and
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`Amendment to Indemnification Agreement and Indemnity Letters between/issued by Financial
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`Performance Holdings B.V., Yukos Hydrocarbons Investments Limited, Fair Oaks Trade &
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`- 8 -
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`

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`Case 1:14-cv-01996-BAH Document 136-3 Filed 07/19/16 Page 11 of 11
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`Case 1:15-cv-04964-LAK Document 178-1 Filed 07/06/16 Page 10 of 10
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`Invest Limited and Daniel Feldman, et al.; (ii) Deed of Indemnity for Associated Company
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`Directors between Yukos Services (UK) Limited and Daniel Feldman; (iii) letter agreement
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`dated June 19, 2008 between Fair Oaks Trade and Invest Limited and Daniel Caleb Feldman;
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`(iv) letter agreement dated May 20, 2008 between Financial Performance Holdings B.V. and
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`Daniel Caleb Feldman; (v) Yukos Capital S.A.R.L., Articles of Association dated September
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`21, 2004; (vi) Yukos Hydrocarbons Investments Limited, Memorandum of Association and
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`Articles of Association dated March 21, 2002; (vii) Stichting Administratiekantoor Financial
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`Performance Holdings, Articles of Association dated March 25, 2008; (viii) Stichting
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`Administratiekantoor Yukos International, Articles of Incorporation dated March 19, 2008;
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`(ix) Luxtona Limited, Memorandum and Articles of Association dated 2003; (x) 2004 Security
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`Trust; and (xi) 2015 Security Trust Agreement.
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`Dated: September 22, 2015
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`BAILEY & GLASSER LLP
`
`s/ Athanasios Basdekis
`Brian A. Glasser (admitted pro hac vice)
`Athanasios Basdekis (AB2574)
`David A. Felice (admitted pro hac vice)
`Russell Soloway (admitted pro hac vice)
`BAILEY & GLASSER LLP
`1054 31st St. NW
`Washington, DC 20007
`Telephone: 202-463-2101
`Facsimile: 202-463-2103
`bglasser@baileyglasser.com
`tbasdekis@baileyglasser.com
`dfelice@baileyglasser.com
`rsoloway@baileyglasser.com
`
`Attorneys for Defendant, Counterclaim-
`Plaintiff and Third-Party Plaintiff
`Daniel Caleb Feldman
`
`- 9 -