11. All communication relating to the transfer or payment of any funds by Debtor to JNT or any entity owned or controlled by JNT or related to JNT, including but not limited to PLNI, LexReal Co., LLC; Promotional Container, Inc.; Brandon Turek; or James Turek II; and PLNI.
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS...DIRECTED TO DEBTOR PRO MOLD, INC.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
LEXINGTON DIVISION
In re: ) Case No. 07-50935
) Judge William Howard
PRO MOLD, INC. ) Chapter 11
)
Debtor. )
)
PRO PLAS LLC, )
JOHN P. MURPHY III )
REVOCABLE TRUST NO. 1, )
10315 LLC, AND )
JOHN P. MURPHY, )
)
Movants, )
)
v. )
)
PRO MOLD, INC., )
)
Respondent. )
)
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY PRO PLAS, LLC; JOHN P. MURPHY, III REVOCABLE TRUST NO. 1; 10315, LLC; AND JOHN P. MURPHY, III DIRECTED TO DEBTOR PRO MOLD, INC.
Movants, Pro Plas, LLC; John P. Murphy, III Revocable Trust No. 1; 10315, LLC; and John P. Murphy, III ("Movants" sometimes referred to as the "Murphy Entities"), hereby request, pursuant to Federal Rule of Bankruptcy Procedure 7034, Federal Rule of Civil Procedure 34, and subject to the following instructions and definitions, that Debtor Pro Mold, Inc. ("Debtor") produce for inspection and copying at the office of Movants' Local Counsel Greenebaum Doll & McDonald PLCC, 300 W. Vine Street, Suite 1100, Lexington, KY 40507 on or before July 20th, 2007:
Instructions and Definitions
1. As used herein, "document" or "documents" means any medium upon which intelligence or information can be recorded or retrieved, and includes, without limitation the original and all copies of any written, printed, typed or other graphic matter of any kind or nature, however produced, or reproduced, whether sent, received, prepared or maintained, including without limitation all drafts and copies bearing notations or marks not found on the original, and including without limitation, all writings of any kind, records, books, correspondence, email messages, memoranda, reports, minutes, pamphlets, notes, letters, telegrams, messages (including any memorandum or report of a meeting, conference or conversation), reports, notes, memoranda, telephone messages, invoice, bill, order, form, receipt, financial statement, accounting entry, calendar and diary entries, telex, cable, report, contract, agreement, study, handwritten note, draft, working paper, chart, print, laboratory record, data processing card, sketch, graph, index, list, tape, photograph, microfilm, data sheet, audiotape, videotape, compilation, treatise, record, research article, drawing or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced or reproduced, which is in your possession, custody or control or which was, but is no longer in your possession, custody or control.
2. As used herein, the term "communication" means any correspondence, contact, discussion or exchange between or among any two or more persons. The term "communication" includes, but is not limited to, documents described above, telephone conversations, face-to-face meetings, conferences, email messages, voicemail messages, and documents evidencing such conversations, meetings, messages, and conferences.
3. If used herein, the term "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments and other units therein, and shall include, but not be limited to a public or private corporation, partnership, joint venture, limited liability company, voluntary or unincorporated association, organization, proprietorship, trust, estate, governmental agency, commission or department.
4. If used herein, the term "representative" means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question.
5. As used herein, the terms "refer", "relate", "relating" or "related" do not indicate legal relevance, rather, they are intended in their broadest meaning, including, without limitation the following concepts: anything that embodies, comprises, reflects, identifies, states, refers to, comments on, responds to, describes, analyzes certain information concerning, or is in any way pertinent to the subject matter of this action.
6. As used herein, the term "Debtor" means Pro Mold, Inc.
7. Is used herein, the term "PLNI" means Plasticon International, Inc.
8. Claims of Privilege. If any information or document responsive to any of the following requests is withheld based on any claim of privilege, list such document or information and describe generally the material withheld, state the privilege relied upon, and identify all persons or entities who have or who had access to such information or documents.
REQUESTS
1. General Ledger for the Debtor from January 1, 2006 to December 31, 2006.
2. Disbursements Journal for the Debtor from January 1, 2006 to December 31, 2006.
3. Receipts Journal for the Debtor from January 1, 2006 to December 31, 2006.
4. Sales Journal for the Debtor from January 1, 2006 to December 31, 2006.
5. Year-End Payroll Summary for the Debtor from January 1, 2006 to December 31, 2006.
6. Accounts Receivable Aging Report for the Debtor for the periods ending January 31, 2006; February 28, 2006; March 31, 2006; April 30, 2006; May 31, 2006; June 30, 2006; July 30 1, 2006; August 31, 2006; September 30, 2006; October 31, 2006; November 30, 2006; and December 31, 2006.
7. Accounts Payable Aging Report for the Debtor for the period ending January 31, 2006; February 28, 2006; March 31, 2006; April 30, 2006; May 31, 2006; June 30, 2006; July 30 1, 2006; August 31, 2006; September 30, 2006; October 31, 2006; November 30, 2006; and December 31, 2006.
8. < b>Check Registers for the Debtor from January 1, 2006 to December 31, 2006.
9. All documents relating to any management agreement between the Debtor and PLNI.
10. All documents relating to any adjusting, year end, or closing journal entries for the Debtor from January 1, 2006 to December 31, 2006, including but not limited to email, notes, or backup documentation for such entries.
11. All communication relating to the transfer or payment of any funds by Debtor to JNT or any entity owned or controlled by JNT or related to JNT, including but not limited to PLNI, LexReal Co., LLC; Promotional Container, Inc.; Brandon Turek; or James Turek II; and PLNI.
12. All promissory notes, loan agreements, security agreements, pledge agreements or other documents relating to any loans or advances made by any entity owned or controlled by JNT or related to JNT, including but not limited to Plasticon International, Inc. ("PLNI"); LexReal Co., LLC; Promotional Container, Inc.; Brandon Turek; or James Turek II; to Debtor.
13. All promissory notes, loan agreements, security agreements, pledge agreements or other documents relating to any loans or advances made by Debtor to JNT.
14. All promissory notes, loan agreements, security agreements, pledge agreements or other documents relating to any loans or advances made by Debtor to any entity owned or controlled by JNT or related to JNT, including but not limited to PLNI, LexReal Co., LLC; Promotional Container, Inc.; Brandon Turek; or James Turek II.
15. All documents relating to any agreements between JNT and Debtor, including but not limited to employment agreements, consulting agreements, management agreements, or indemnification agreements.
16. All documents relating to any agreements between any entity owned or controlled by JNT or related to JNT, including but not limited to PLNI, LexReal Co., LLC; Promotional Container, Inc.; Brandon Turek; or James Turek II; and PLNI, including but not limited to employment agreements, consulting agreements, or management agreements.
17. All documents relating to or detailing any compensation paid to JNT by Debtor from January 1, 2006 to the present.
18. All documents relating to or detailing any compensation paid to JNT, Brandon Turek, or James Turek, II by Debtor from January 1, 2006 to Present.
19. All documents relating to any payments or transfers by the Debtor to or for the benefit of any entity owned or controlled by JNT or related to JNT, including but not limited to PLNI, LexReal Co., LLC; Promotional Container, Inc.; Brandon Turek; or James Turek II; and PLNI.
20. All documents relating to any communication between Debtor and Pro Plas, LLC; John P. Murphy, III Revocable Trust No. 1; 10315, LLC; or John P. Murphy, III from June 1, 2005 to the present.
21. All documents involving Pro Plas, LLC; John P. Murphy, III Revocable Trust No. 1; 10315, LLC; and John P. Murphy, III from June 1, 2005 to the present.
22. All documents relating to the transfer by Debtor of $100,000 to LexReal Co. LLC in May 2007.
23. All documents relating to sales transactions between Debtor and PLNI, including, but not limited to invoices and purchase orders for sales.
24. Complete Audited Financial Statements for Debtor for the year ending December 31, 2004.
25. Complete Audited Financial Statements for Debtor for the year ending December 31, 2005.
26. Complete Audited Financial Statements for Debtor for the year ending December 31, 2006.
27. All documents relating to any correspondence between the Debtor and any accountants or auditors working for the Debtor or any entity affiliated with the Debtor, including but not limited to engagement letters, management letters, recommendations, admonitions, or resignations from Dean, Dorton & Ford and Mendoza Berger & Company.
28. All documents relating to any loans, notes, security agreements, UCC filings, or pledge agreements between Pro Plas, LLC; John P. Murphy, III Revocable Trust No. 1; 10315, LLC; or John P. Murphy, III from June 1, 2005 to the present and the Debtor.
29. All documents relating to any payments made by the Debtor to Pro Plas, LLC; John P. Murphy, III Revocable Trust No. 1; 10315, LLC; or John P. Murphy, III from June 1, 2005 to the present and the Debtor, including but not limited to, amortization schedules, interest calculations, principal payments.
30. All documents relating to the assertion by JNT that PLNI, Debtor, and the Murphy Entities were represented by the same law firm when PLNI acquired Debtor.
31. All documents relating to the issuance of PLNI stock to the Murphy Entities and payment of the first $125,000 payment due from PLNI under the $1,000,000 promissory note.
STONE, LEYTON & GERSHMAN
A Professional Corporation
By:
E. Rebecca Case - EDMO #2800, MO #38010
Howard S. Smotkin - EDMO #4407, MO #36227
Janice R. Valdez - EDMO #65355, MO #42154
7733 Forsyth Boulevard, Suite 500
St. Louis, Missouri 63105
(314) 721-7011
(314) 721-8660 Facsimile
erc@stoneleyton.com
hss@stoneleyton.com
jrv@stoneleyton.com
Attorneys for Pro Plas, LLC; John P. Murphy, III
Revocable Trust No. 1; 10315, LLC; and John P.
Murphy, III
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served electronically in the method established under the CM/ECF Administrative Procedures Manual and the Local Court Standing Order dated July 25, 2002 and to the Debtor, Debtor’s attorney and all parties listed on the attached mailing matrix via facsimile, electronic and/or first class, postage prepaid U.S. mail on this _____ day of July 2007.
Howard S. Smotkin |
