09/10/2007 204 Notice to Take Deposition of Promotional Containers, Inc. on September 21, 2007 at 1:30 p.m. Filed by U.S. Trustee. (Daugherty, John) (Entered: 09/10/2007)
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Doc 204
In re:
Plasticon International, Inc.
Debtor.
Case No. 07-50934
Chapter 11
NOTICE OF DEPOSITION DUCES TECUM OF PROMOTIONAL CONTAINERS, INC.
TO: Promotional Containers, Inc.
c/o Brandon D. Turek,
President
2196 Broadhead Pl.
Lexington, KY 40509
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
Promotional Containers, Inc. on September 21, 2007 at 1:30 p.m. in the Office of the United States Trustee, 100 E. Vine St., Suite 500, Lexington, KY 40513. The United States Trustee will seek to examine Promotional Containers Inc. about its purported acquisition and subsequent sale of certain patents (U.S. Patent Nos. 4,942,714, D324,643, D500,243, and Canadian Patent No. 1,317,474), and other transactions with Plasticon International, Inc. and its corporate officers and directors.
Pursuant to Federal Rule of Bankruptcy Procedure 7030, Promotional Containers must designate an individual or individuals who will testify concerning these matters.
Promotional Containers is also required to make the following documents available to the United States Trustee at the above address on September 21, 2007 at 9:30 a.m.:
1. All documents related to the purported acquisition of U.S. Patent Nos. 4,942,714, D324,643, D500,243, and Canadian Patent No. 1,317,474;
2. All documents evidencing the purported sale of U.S. Patent Nos. 4,942,714, D324,643, D500,243, and Canadian Patent No. 1,317,474 to Plasticon International;
3. All appraisals and valuations of U.S. Patent Nos. 4,942,714, D324,643, D500,243, and Canadian Patent No. 1,317,474 in your possession, and any judgments or other orders in your possession that concern the validity and ownership of these same patents;
4. All corporate books and records from maintained from January 1, 2003 to August 15, 2007;
5. All bank account statements, canceled checks, and other financial records from January 1, 2003 to August 15, 2007.
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.
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
Certificate of Service
I hereby certify that on this 10th day of September 2007, I served a copy of the foregoing
via ECF noticing to the following parties:
* Eric N. Assouline ena@assoulineberlowe.com
* John P. Brice lexbankruptcy@wyattfirm.com
* Robert J Brown lexbankruptcy@wyattfirm.com
* E. Rebecca Case erc@stoneleyton.com
* Dean A. Langdon langdonbk@wisedel.com,
plickert@wisedel.com;lconner@wisedel.com
* Gregory R Schaaf lexbankruptcy@gdm.com, shm@gdm.com;awc2@gdm.com
* Howard S. Smotkin hss@stoneleyton.com
* Janice R. Valdez jrv@stoneleyton.com
* Ellen B. Vergos evergos@wyattfirm.com
and via first-class mail, postage prepaid, to Ellen Arvin Kennedy., Esq., proposed successor counsel to the Debtor, at FOWLER MEASLE & BELL PLLC, 300 West Vine Street, Suite 600, Lexington, Kentucky 40507-1660.
/s/ John L. Daugherty
John L. Daugherty |
