JUDICIAL ARBITRATION AND MEDIATION SERVICE

JUDICIAL ARBITRATION AND MEDIATION SERVICE NEW YORK, NEW YORK IN THE MATTER OF FORTRESS VRF I LLC and FORTRESS VALUE RECOVERY FUND I LLC, Claimants v. Reference No. 1425006537 JEEPERS, INC., Respondent and FINANCIAL TRUST COMPANY, INC. and JEEPERS, INC., Counter-Claimants and Third-Party Claimants v. Arbitrator: Hon. Anthony J. Carpinello (Ret.) D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. k/n/a FORTRESS VALUE RECOVERY FUND I LLC, Counter-Respondent and D.B. ZWIRN PARTNERS, LLC, D.B. ZWIRN & CO., L.P., DBZ GP, LLC, ZWIRN HOLDINGS, LLC, DANIEL ZWIRN, and Third-Party Respondents CLAIMANTS' ARBITRATION WITNESS DESIGNATIONS Pursuant to JAMS Scheduling Order No. 2, Claimants Fortress VRF I LLC ("VRF I LLC") and Fortress Value Recovery Fund I LLC (together, "Claimants"), by their undersigned counsel, hereby submit the following arbitration witness EFTA00665942 designations. Claimants may call the following witnesses during arbitration to offer evidence in support of their claims and defenses: Daniel Zwim; Jeffrey Epstein; David Lee; Doug Cardoni; Elise Hubsher; Brad Flood; Allyson Alimansky; and Heath Weisberg. Henry Bregstein of Katten Muchin Rosenman LLP may testify as an expert on the practices relating to restrictions on investment withdrawals (and the reasons for such practices) in the hedge fund industry. Claimants reserve the right not to call the above witnesses. Claimants further reserve their right to call additional witnesses for the purpose of rebuttal or impeachment, and any witness called by any other party in this arbitration. Claimants also reserve the right to call custodians of records solely for the purpose of establishing the foundation facts necessary to admit into evidence any document whose admissibility into evidence any other party objects to. Claimants further reserve the right to supplement their witness list to the extent additional witnesses are identified. 2 EFTA00665943 Dated: May 20, 2011 New York, NY PAUL, WEISS, RIFIGND, WHARTON & GARRISON LLP Allan J er A. Spiegel Hannah S. Sholl 1285 Avenue of the Americas New York. NY 10019-6064 Phone: Fax: Email: Attorneys for Claimants Fortress VRF I LLC and Fortress Value Recovery Fund I LLC 3 EFTA00665944