(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.
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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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