Pacer update 16 Jul 07 Debtor Plasticon International, Inc. Bankruptcy Petition #: 07-50934-wsh
Filing Date # Docket Text
07/16/2007 112 Order Setting Evidentiary Hearing. (RE: related document(s)83 Motion for Relief From Stay filed by Creditor Pro Plas LLC). Evidentiary Hearing scheduled for 8/30/2007 at 10:00 AM at Lexington Courtroom, 3rd Floor. (baa) (Entered: 07/16/2007)
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UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION
IN RE:
PLASTICON INTERNATIONAL, INC. CASE NO. 07-50934
DEBTOR
ORDER SETTING EVIDENTIARY HEARING
This matter having come before the court on the Motion for
Relief from Stay (Doc. #83), and the matter having been heard on
July 12, 2007, the court having heard arguments of counsel, and
it appearing to the court that an evidentiary hearing is
necessary, it is hereby ORDERED AS FOLLOWS:
1) An evidentiary hearing will be conducted before the
court on August 30, 2007 at the hour of 10:00 a.m. in the United
States Bankruptcy Courtroom, Courtroom B, Third Floor, Community
Bank Building, 100 East Vine Street, Lexington, Kentucky.
2) The parties shall file with the court stipulations of
fact signed by attorneys for all parties seven (7) days prior to
the aforesaid hearing date. Each party shall submit proposed
stipulations which they intend to prove in order to prevail in
the matter. The process shall be initiated by the movant twenty
(20) days before said hearing. The objecting parties may strike
any of movant’s proposed stipulations which they can controvert
and shall propose their additional stipulations. Movant shall
then strike those stipulations which movant can controvert.
Movant shall prepare the Joint Stipulations which shall be all
stipulations not stricken by any party. The Joint Stipulations
thus arrived at shall be signed by all counsel and filed with the
court as required above.
IT IS FURTHER ORDERED the following procedures shall be
followed for the presentation of evidence at the hearing. The
purpose of this procedure is to ensure a fair and expeditious
hearing. The procedure is similar to a motion for summary
judgment, except the admissibility of an affidavit is dependent
upon the presence of the affiant at the hearing for crossexamination.
1. AFFIDAVITS:
a) Except as herein provided, each party shall
present the testimony of its witnesses, under penalty of perjury,
by affidavits of said witnesses otherwise admissible under
Federal Rules of Evidence.
b) The oral testimony offered at the hearing by a
party through its witnesses will be strictly limited to rebuttal
testimony.
c) If a portion of a witness’ affidavit concerns an
exhibit to be admitted into evidence at the hearing, the exhibit
must be attached to the affidavit.
d) If a party is unable to obtain an affidavit of a
witness, counsel for that party shall file an affidavit stating
the name of the witness and a detailed summary of the expected
testimony and why counsel was unable to obtain the witness’
affidavit. Failure to make every reasonable effort to obtain the
affidavit of any such witness will result in exclusion of any
oral testimony of such witness offered by the party.
e) If the party intends to present the witness’
testimony by a transcript of a deposition of the witness, only
those portions of the transcript intended to be offered should be
attached to counsel’s affidavit.
f) The affidavit of a witness for a party will be
admissible at the hearing, subject to timely objections, and only
if the affiant is present at the hearing to submit to crossexamination.
2. QUALIFICATIONS OF EXPERT WITNESS:
The parties shall serve and file a statement as to the
qualifications of any expert witness to be relied upon at the
hearing. The testimony of the witness will be allowed unless
written objections to the qualifications of the witness are made to the court within the time limit established in this order.
3. TIME FOR FILING AFFIDAVITS AND OBJECTIONS TO
AFFIDAVITS, EXHIBITS, AND QUALIFICATIONS OF EXPERT
WITNESS:
a) The movant shall serve and file affidavits,
exhibits, and statement of the qualifications of any expert
witness on or before August 16, 2007.
b) The objecting parties shall file any reply
affidavits and objections on or before August 23, 2007.
c) No other affidavits and exhibits will be allowed,
except by agreement of the parties. The only additional evidence
a party may offer at the hearing is true rebuttal evidence.
COPIES TO:
Dean A. Langdon, Esq.
John P. Brice, Esq.
Rebecca Case, Esq.
Gregory Schaaf, Esq.
Rachelle C. Williams, Esq.
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