09/07/2007 196 Debtor Plasticon International, Inc.'s First Set of Interrogatories and Requests for Production of Documents to Pro Plas, LLC, filed by Plasticon International, Inc.. (Kennedy, Ellen) (Entered: 09/07/2007)
---------------------
Doc 196
IN RE:
Case No. 07-50934
Judge William S. Howard
Chapter 11
PLASTICON INTERNATIONAL, INC.
Debtor.
DEBTOR PLASTICON INTERNATIONAL, INC.’S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO PRO PLAS, LLC
Comes the Debtor, Plasticon International, Inc., by counsel, and pursuant to Rule 33 and Rule 34 of the Federal Rules of Civil Procedure, as adopted by Rules 7033 and Rule 7034 of the Bankruptcy Rules of Procedure, serves the following Interrogatories and Requests for Production of Documents (“Requests”). Pursuant to this Court’s August 31, 2007 Order [D.E. #185], the Interrogatories shall be answered within 10 days of service thereof and the Requests shall be produced and permit Debtor to inspect and copy all of the documents and things hereinafter designated at the offices of Fowler, Measle & Bell, LLP, 300 West Vine Street, Suite 600, Lexington, Kentucky at 10:00 a.m. (EST) on the tenth day after service hereof, or at such other time and place as counsel for the parties may agree. In lieu of said production for copying and inspection, Plaintiff may attach to its response hereto exact copies of the requested documents. This Request shall be considered continuing, and Plaintiff shall have the duty to supplement its response to this Request up to and including the time of trial, as provided in Rule 26(e) of the Federal Rules of Civil Procedure.
INSTRUCTIONS AND DEFINITIONS
A. As used herein, the term “you”, “your”, or “yourself” shall refer to Pro Plas LLC, its agents, employees and representatives and all persons acting or purporting to act on its behalf.
B. As used herein, the term “Debtor” shall refer to Plasticon International, Inc. and its managers, members, agents, representatives, attorneys, officers, employees and all persons acting or purporting to act on its behalf.
C. For all purposes of responding to these document requests, references to any and all entities shall include the entity, its officers, directors, members or managers, hareholders,
employees, agents, successors and assigns, heirs, attorneys or other representatives, as applicable, acting or purporting to act on its behalf.
D. If any document is withheld under any claim of privilege or for any reason, list each document and the nature of the privilege claimed to apply as well as the name of the person making the determination that the privilege is properly applicable. If a claimed privilege applies only to a portion of any document, that portion only should be withheld and the remainder of the document should be produced. As used herein, “claim of privilege” includes, but is not limited to, any claim that a document either may or must be withheld from production by any statute or regulation. If any such claim is asserted, specify the nature of the privilege by citation of statute or regulation claimed to apply.
E. The term “document” and “documents” are used in the broadest sense permissible under Rule 34 of the Federal Rules of Civil Procedure and Rule 7034 of the Federal Rules of Bankruptcy Procedure, and shall mean any and all tangible things and documents, whether handwritten or typed, printed or otherwise visually reproduced, including, but not limited to, letters, cables, wires, memoranda, inter-office communications, reports, notes, minutes, recordings, charts, photographs, assignments, contracts, agreements, and other official documents and legal instruments, published material of any kind, vouchers, ledgers, orders, books, records, receipts, invoices and files. “Document” also includes and refers to information recorded and stored on tape, disc, record or by electronic or other means, as well as information stored on computer systems, microfiche and the like.
F. The term “document” and “documents” shall include drafts, copies and duplicates, if said drafts, copies or duplicates differ in any way from the original or from each other.
G. The term “communication” is used in the broadest sense permissible under Rule 34 of the Federal Rules of Civil Procedure and Rule 7034 of the Federal Rules of Bankruptcy
Procedure, and shall mean any and all tangible things and documents, whether handwritten or typed, printed or otherwise visually reproduced, including, but not limited to, letters, e-mail, facsimiles, memoranda, inter-office communications, reports, notes, minutes, recordings, charts, photographs, assignments, contracts, agreements, and other official documents and legal instruments, published material of any kind, vouchers, ledgers, orders, books, records, receipts, invoices and files. The term shall include drafts, copies and duplicates, if said drafts, copies or duplicates differ in any way from the original or from each other. “Communication” includes and refers to information recorded and stored by electronic or other means, including on tape, disc, record, as well as information stored on computer systems, microfilms, microfiche and the like.
H. If documents or records cannot be located, describe with particularity the efforts made to locate the documents or records and the specific reason for their disappearance or unavailability. If any requested document was once in your possession, custody or control but no longer is, or if records or documents exist that are not available to you, state in each instance where the documents are located, including the name, title and address of the person who presently has possession, custody or control of that document to the best of your knowledge.
INTERROGATORIES
INTERROGATORY NO. 1: Please state the name, title and business address of the person or persons answering these Interrogatories and Requests for Production of Documents.
INTERROGATORY NO. 2: Please identify each and every person or entity that is or has been a member of Pro Plas LLC from December 31, 2005 until the present.
INTERROGATORY NO. 3: Please identify each and every person you intend to call as a witness at the hearing of the Motion By the Murphy Entities for Appointment of a Chapter 11 Trustee and describe the substance of their anticipated testimony.
INTERROGATORY NO. 4: Please identify each and every exhibit that you intend to use as evidence at the hearing on the Motion By the Murphy Entities for Appointment of a Chapter 11 Trustee.
INTERROGATORY NO. 5: Please identify each and every person you intend to call as an expert witness at the hearing on the Motion By the Murphy Entities for Appointment of a Chapter 11 Trustee and for each such expert, state as follows:
A. The name, educational background, qualifications, and curriculum vitae of the expert;
B. The subject matter upon which each such expert is expected to testify;
C. The substance of the facts and opinions to which each expert is expected to testify; and
D. A summary of the grounds for any and all opinions held by each such expert.
REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 1: Please produce any and all documents that describe or set forth the membership of Pro Plas LLC.
REQUEST NO. 2: Please produce any and all documents referred to, relied upon or referenced by you in the Motion By the Murphy Entities for Appointment of a Chapter 11 Trustee.
REQUEST NO. 3: Please produce any and all documents to you intend to use as evidence in support of the Motion By the Murphy Entities for Appointment of a Chapter 11 Trustee.
REQUEST NO. 4: Please produce any and all communications, written or otherwise, between you and the Debtor from December 31, 2005 through the present.
REQUEST NO. 5: Please produce any and all communications between you and any third party regarding the Debtor, its assets, liabilities, financial condition, business operations, pending litigation by or against the Debtor, any financing or proposed financing by the Debtor and any sale or proposed sale of assets or equity of the Debtor.
FOWLER MEASLE & BELL PLLC
/s/ Ellen Arvin Kennedy ________________
Ellen Arvin Kennedy, Esq.
Timothy A. West, Esq.
300 West Vine Street, Suite 600
Lexington, KY 40507-1660
(859) 252-6700
(859) 255-3735 fax
EAKennedy@FowlerLaw.com
TWest@FowlerLaw.com
ATTORNEYS FOR DEBTOR
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was served this the 7th 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/ Ellen Arvin Kennedy
ATTORNEYS FOR DEBTOR |
