tions is enclosed. 4 Despite these findings, Mr. Gross has sued Mr. Zwim and DBZ in a matter pending in the Southern District of New York captioned Gruss v. Zwim, et al. 09 Civ. 6441 (PGG) (the "Gruss Action"). In the Gruss Action, Mr. Gruss claims that Mr. Zwirn and DBZ somehow defamed him by reporting Gibso