09/14/2007 216 Memorandum of Pro Plas LLC Concerning Filing of Affidavits, Exhibits and Expert Witness Qualifications in Support of Its Motion for Appointment of a Chapter 11 Trustee, filed by Pro Plas LLC. (Case, E.) (Entered: 09/14/2007)
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Doc 216
In Re:
Case No. 07-50934
Judge William Howard
Chapter 11
PLASTICON INTERNATIONAL, INC.,
Debtor.
MEMORANDUM OF PRO PLAS LLC CONCERNING FILING OF AFFIDAVITS, EXHIBITS AND EXPERT WITNESS QUALIFICATIONS IN SUPPORT OF ITS MOTION FOR APPOINTMENT OF A CHAPTER 11 TRUSTEE
Creditor Pro Plas, LLC ("Pro Plas"), a Missouri limited liability company, by and through its attorneys, pursuant to 11 USC §1104 and this Court's Order Scheduling Evidentiary Hearing, dated August 31, 2007, hereby files its affidavits, exhibits and qualifications of any expert witness and further respectfully states:
Procedural Background
1. On August 9, 2007, the Office of the United States Trustee filed its Motion for Appointment of a Chapter 11 Trustee in this matter, In re Plasticon International, Inc., USBCEDKY Case No. 07-50934, Document No. 156 (the "Plasticon UST Motion.")
2. On August 9, 2007, the Office of the United States Trustee filed its Motion for Appointment of a Chapter 11 Trustee in the matter of In re Pro Mold, Inc., USBC-EDKY Case No. 07-50935, Document No. 175, (the "Pro Mold UST Motion.").
3. The Pro-Mold UST Motion adopts by reference the Plasticon UST Motion as the basis for the appointment of a Chapter 11 Trustee in the Pro-Mold bankruptcy case.
4. Similarly, Pro Plas adopted by reference the Plasticon UST Motion.
5. On August 31, 2007, this Court issued its Order Scheduling Evidentiary Hearing, which stated at paragraph 3(a):
The movants shall serve and file affidavits, exhibits, and statement of the qualifications of any expert witness on or before September 14, 2007.
AFFIDAVITS
6. Pro Plas adopts by reference all affidavits filed by or to be filed by the Office of the United States Trustee in connection with the Plasticon UST Motion and the Pro Mold UST Motion.
7. Pro Plas reserves the right to supplement the record with additional affidavits, to the extent appropriate in light of ongoing discovery efforts by the Office of the United States Trustee and Pro Plas.
8. In addition, Pro Plas reserves the right to supplement the record with additional affidavits, to the extent appropriate, due to any further conduct by Debtors Plasticon or Pro Mold, which may serve as additional grounds for the appointment of Chapter 11 Trustees in either case.
EXHIBITS
9. Contemporaneously with the filing of this memorandum, Pro Plas is submitting its Exhibit List and copies of its exhibits.
10. In addition, Pro Plas adopts by reference all exhibits filed by or to be filed by the Office of the United States Trustee in connection with the Plasticon UST Motion and the Pro Mold UST Motion.
11. Pro Plas reserves the right to supplement the record with additional exhibits, to the extent appropriate, in light of ongoing discovery efforts by the Office of the United States Trustee and Pro Plas.
12. In addition, Pro Plas reserves the right to supplement the record with additional exhibits, to the extent appropriate, due to any further conduct by Debtors Plasticon or Pro Mold, which may serve as additional grounds for the appointment of Chapter 11 Trustees in either case.
QUALIFICATIONS OF EXPERTS
13. Pro Plas adopts by reference the qualifications of any experts filed by or to be filed by the Office of the United States Trustee in connection with the Plasticon UST Motion and the Pro Mold UST Motion.
14. Pro Plas reserves the right to supplement the record with additional qualifications of any experts, to the extent appropriate in light of ongoing discovery efforts by the Office of the United States Trustee and Pro Plas.
15. In addition, Pro Plas reserves the right to supplement the record with additional qualifications of any experts, to the extent appropriate, due to any further conduct by Debtors Plasticon or Pro Mold, which may serve as additional grounds for the appointment of Chapter 11 Trustees in either case.
STONE, LEYTON & GERSHMAN
A Professional Corporation
By: /s/ Howard S. Smotkin
E. Rebecca Case, EDMO #2800
Howard S. Smotkin, EDMO #4407
7733 Forsyth Boulevard, Suite 500
St. Louis, Missouri 63105
(314) 721-7011
(314) 721-8660 Facsimile
erc@stoneleyton.com
hss@stoneleyton.com
Attorneys for Pro Plas, LLC
GREENEBAUM DOLL & MCDONALD PLCC
John W. Ames
Gregory R. Schaaf
300 West Vine Street, Suite 1100
Lexington, Kentucky 40507
(859) 288-4629
(859) 367-3877 Facsimile
grs@gdm.com
Local Counsel for Pro Plas, LLC
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was served this the 14th day of September, 2007, electronically in accordance with the method established under this Court’s CM/ECF Administrative Procedures and Standing Order dated July 25, 2002 upon all parties in the electronic filing system in this case.
/s/ Howard S. Smotkin
Howard S. Smotkin |
