08/16/2007 169 Notice to Take Deposition of Dean, Dorton & Ford, PSC. on August 23, 2007 at 9:30 a.m. Filed by U.S. Trustee. (Daugherty, John) (Entered: 08/16/2007)
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Doc 169
UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
Lexington Division
In re:
Plasticon International, Inc.
Debtor.
Case No. 07-50934
Chapter 11
NOTICE OF DEPOSITION DUCES TECUM OF DEAN, DORTON & FORD, PSC
(Document Custodian)
TO: Dean, Dorton & Ford, PSC.
106 W Vine St., Suite 600
Lexington, KY 40507
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 Dean, Dorton & Ford, PSC (“Dean, Dorton”) on August 23, 2007 at 9:30 a.m. in the Office of the United States Trustee, 100 E. Vine St., Suite 500, Lexington, KY 40507. The United States Trustee will seek to examine Dean, Dorton 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, Dean, Dorton must designate an individual or individuals who will testify concerning these matters. Dean, Dorton is also required to produce the following documents to the United States Trustee at the above address on August 23, 2007 at 9:30 a.m.:
(1) All workpapers and similar documentation relating to any engagement to perform services for Plasticon International, Inc., LexReal Co. LLC, Promotional Containers, Inc., TelcoBlue, Inc., James N. Turek Sr., and any other entity managed or controlled by James N. Turek; and
(2) To the extent not included above, all communications with Plasticon International, Inc., LexReal Co. LLC, Promotional Containers, Inc., TelcoBlue, Inc., James N. Turek Sr., and any officers, directors, and agents of the above.
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 Dean, Dorton includes a declaration that complies with Fed. R. Evid. 902(11) with the document production.
Dated: August 16, 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 16th day of August 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 |
