09/10/2007 201 Notice to Take Deposition of First American Stock Transfer, Inc. on September 20, 2007 at 10:00 a.m. Filed by U.S. Trustee. (Daugherty, John) (Entered: 09/10/2007)
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Doc 201
In re:
Plasticon International, Inc.
Debtor.
Case No. 07-50934
Chapter 11
NOTICE OF DEPOSITION DUCES TECUM OF FIRST AMERICAN STOCK TRANSFER, INC.
(Document Custodian)
TO: First American Stock Transfer, Inc.
706 East Bell Rd., Suite 202
Phoenix, AZ 85022
PLEASE TAKE NOTICE that pursuant to Federal Rule of Bankruptcy Procedure 7030, the United States Trustee, by counsel, will take the deposition upon oral examination of First American Stock Transfer, Inc. (“First American”) on September 20, 2007 at 10:00 a.m. in the Office of the United States Trustee, 230 First Ave., Suite 204, Phoenix, AZ 85003. The United States Trustee will seek to examine First American on whether the documents set forth below and requested to be produced were (1) made at or near the time of the occurrence of the matters set forth therein by or from information transmitted by a person with knowledge of those matters, (2) kept in the course of regularly conducted business activity, and (3) made by such regularly conducted business activity as a regular practice. Pursuant to Federal Rule of Bankruptcy Procedure 7030, First American must designate an individual or individuals who will testify concerning these matters. First American is also required to produce the following
documents to the United States Trustee at the above address on September 20, 2007 at 9:30 a.m.:
1. The Transfer Journal (attached is a sample page) for the shares of Plasticon International, Inc. from the time First American became the transfer agent until August 15, 2007. This information should include the shares which were outstanding at the time First American became the transfer agent. To the extent this information is electronically stored, please provide this information in a pipe-delimited (ASCII character 124) .txt format capable of being imported into Microsoft Excel or similar spreadsheet software.
2. All records in your possession that support an increase or decrease of authorized shares.
3. All legal opinions provided to First American on behalf of Plasticon International, Inc., its officers or directors, relating to the transferability of shares.
The deposition shall be conducted before an officer authorized to administer oaths by the laws of the place where the examination is held, will be made under oath, recorded by stenographic means, and used for the purpose of discovery and evidence. The United States Trustee will waive the requirement of a personal appearance at a deposition if First American includes a declaration that complies with Fed. R. Evid. 902(11) with the document production.
Dated: September 10, 2007 Richard F. Clippard
United States Trustee for Region 8
By Counsel
/s/ John L. Daugherty
John L. Daugherty
Assistant U.S. Trustee
100 E. Vine St., Suite 500
Lexington, KY 40507
(859) 233-2822 |
