Adams, Matthew S. ‘Adam Berman fbermanesq@aot.com} Tuesday, October 27, 2009 4:50 PM Badway, Emest E.; Adams, Matthew S.; tfleming@olshaniaw com witlam johnson@iriedtrank.com, adam gottleb@friedtrank.com ‘Subject: AJW Partners, LLC et al. v. tronics Inc., et al Gentlemen - ‘We are in receipt of a fax today from Mr. Adems regarding proposed dates from Mr. Dwarkin for his deposition. As you may of may not Ke awate, there is a formal order of investigation issued by the Securities and Exchange Commission (hereinafter, “SEC") In the Matter of the NLR. Group, LLC. The SEC has issued a subpoeana requiring Mr. Dworkin to appear for investigative testimony. Additionally, there is an ongoing parallel criminal investigation, ‘Mr. Dworkin recently retained counsel to represent hint in these matters (Wiliam Johnson at Fried Frank). Our client is willing to appear for deposition in the instant matter, however, as the SEC investigation and the parallel criminal investigation are continuing, counsel for Mr. workin and our firm want fo have hit appear for the deposition in the Itronics matter at a later date once the investigations have been advanced. One proposal contemplated would be to have all the parties enter into a discovery stipulation for Mr. Dworkin to appear at a later date to be mutually agreed upon. Should you have alternative proposals, we remain willing to discuss trem, Please advise at your earliest convenience. Very truly yours, ‘Adam Berman, Esq. ‘Adam Berman & ASsociates 411 Pennsytvania Plaza Suite 2000 New York, NY 10001 946-867-7979 (direct) 212-268-1538 (main) 212-895-6088 (fax) Bermanesq@acl.com 12/15/2009