09/14/2007 214 Affidavit of John L. Daugherty, filed by U.S. Trustee (RE: related document(s)156 Motion to Appoint Trustee,, filed by U.S. Trustee U.S. Trustee). (Daugherty, John) (Entered: 09/14/2007)
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Doc 214
In re:
Plasticon International, Inc.
Debtor.
Case No. 07-50934
Chapter 11
DECLARATION REGARDING UNAVAILABILITY OF AFFIDAVITS
Comes now John L. Daugherty, Assistant U.S. Trustee, who states the following in regarding his inability to obtain affidavits:
1. Declarant is counsel for the Movant, Richard F. Clippard, United States Trustee.
2. Affidavits are not obtainable for the following witnesses:
(a.) James N. Turek, President of Plasticon International, Inc., would be a hostile witness who would not be expected to offer an affidavit for the United States Trustee. Instead, the United States Trustee intends to call Mr. Turek at trial. His testimony would concern his compensation, Plasticon’s purported ownership of certain patents, the expenses incurred by Plasticon during its operations, and events in his personal bankruptcy case that reflect upon his fitness to serve as a fiduciary.
(b.) James Berger of Mendoza, Berger and Company is located in Irvine, California, which is outside the subpoena power of this Court. The United States Trustee could not, therefore, compel his attendance at trial. The United States Trustee will instead offer relevant deposition testimony (not yet taken) concerning the accuracy of statements made in the notes to audited financial statements prepared by Mendoza, Berger which state that Plasticon purchased certain patents from Promotional Containers, Inc.
3. The need to call Mr. Turek or to offer Mr. Berger’s deposition testimony may be obviated by the Joint Stipulations.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 14, 2007.
/s/ John L. Daugherty
John L. Daugherty
Assistant U.S. Trustee
100 E. Vine St., Suite 500
Lexington, KY 40507
(859) 233-2822 |
