08/17/2007 170 Notice to Take Deposition of Mendoza, Berger & Company, LLC on September 7, 2007 at 9:30 a.m. Filed by U.S. Trustee. (Daugherty, John) (Entered: 08/17/2007)
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Doc 170
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 MENDOZA, BERGER & COMPANY, LLP
TO: Mendoza, Berger & Company, LLP
9838 Research Dr.
Irvine, CA 92618-1310
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 Mendoza, Berger & Company, LLP (“Mendoza, Berger”) on September 7, 2007 at 9:30 a.m. in the Office of the United States Trustee, 411 West Fourth St., Room 9041, Santa Ana, CA 92701. The United States Trustee will seek to examine Mendoza, Berger about its preparation of unaudited and audited financial statements of Plasticon International, Inc. in connection with reports filed with the Securities and Exchange Commission by Plasticon International (“Plasticon”). Pursuant to Federal Rule of Bankruptcy Procedure 7030, Mendoza, Berger must designate an individual or individuals who will testify concerning these matters. Mendoza, Berger is also required to make the following documents available to the United States Trustee at the offices of Mendoza, Berger & Company on September 5, 2007 at 9:30 a.m.:
(1) All audit documentation (as defined in PCAOB Auditing Standard No. 3 and SAS No. 96) maintained by Mendoza, Berger in connection with the preparation of audited financial statements contained in Plasticon’s Annual Reports (Form 10-K or 10-KSB) filed with the Securities and Exchange Commission;
(2) All documentation similar in nature to audit documentation maintained by Mendoza, Berger in connection with any Quarterly Reports (Form 10-Q) filed by Plasticon; and
(3) Workpapers, memoranda, correspondence, communications, other documents, and records (including electronic records), not included above, which pertain to any Plasticon engagement.
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: August 17, 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 17th 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 |
