McHale v. Silicon Valley Law Group

Filing 121

ORDER GRANTING re 118 TRIAL Stipulation No. 1 filed by Gerard A McHale, Jr. Signed by Judge Joseph C. Spero on 1/16/13. (klh, COURT STAFF) (Filed on 1/16/2013)

Download PDF
l 2 3 4 S C. 7 8 9 1Q 11 12 13 14 [~H~.EL S. D~VOR,.I~IN (pro hac vzce) .~CILTEL~E G. ~EI~T (pro hac vi~e~ )LEN~CJCK ~ISEMAN A~SCJR BELL & PESKQ~ LL,F 7 Madison Avenue ;w Yark, New York 1Q~22 lephone: 212~9Q7-73C}0 csxm. ~~: 212754-Q~30 rail: mdev~rk n~~gol~nb~ck.~~m rail: jve t~~~oler~bocl~:com tarn~ys for. the Plaintiff, ~rard A. M~Hale, Jr., P.A., Liq~.idaton Trustee ROME N. LERCH (~~~ #48194) ~,~R..~. ST'EEL ~TUP.M~R (TSB ~105~7~) :RAH STUR:.MER LLP 5 ~:alifornia street, Ste. 24 0 n~ Francisco, California 9~1~4 (415} 21~-6340 lephone: .csmile: (415) 217-272 nail: nail:dsturmer~l~rchsturmer.cQm ;torneys for Defendant SilGOn Valley Law Group 15 16 ~.TNITED STATES DISTRICT ~~1L7RT .: 18 19 Zo GERARD A. MCHALE, Jr., P.A., as Liqu:idatian Trustee far the 1X31 Debtors Liquidation Trust, 21 2~ 2 24 ~5 Case l~l~o. ~V 10-~486►4~~TC~ Plaintiff, v. SILICON VALLEY LAW GRQUP, a professional cor~aoratian, Defendant. ~6 27 TRIAL ST~PLTLATI(?N N~1, 1 THE TJ~1Tl~~R~I~N~~]► ~'AI~,TI~S H~~C.~~'Y ~►T~~~.JLA"T~ .~►.1~~ ~:~~~.E~ A l 2 FOLLOWS: 3 S'T'IPI7LATEI)► FACTS 4' These facts and the cariesl~ondi~~ exhibits set forth in '~'~ ~ ~19 ~aY b~ admitted into 5 evidence.. The parties agree that ~t ~s not their ~nt~n~ to the facts set- forth In ~('~ 1~l~ read to the f 7 8 juxy in their entirety by the court or court personnel. The parties fiarth~r agree that co~n~~l for ~a~~ party may read the stipulated facts} to the jury at the logical paint during their re~pe~ct~~~ uses. 1. 9 1a 11 12 Atlantic Exchange Company,. LL,~, is a limited liability company, f~rn~.ed in Au ust ~~45, and kn~~vn as AEA Delav~ar~. Ed~var~l ~l~un was ~h~ pole r~a.a~.agin~ menc~.ber Qf AEC Delaware. On August ~S, ~Q~~ A~~ Delaware acqu.~r~~. the following c~mpa~:~e~: Atlantic E~~hange company, LLC (~.nawn as A~~ 1Vlassachus~~ts) 13 14 AEC Finance Co, Inc.; l5 AEC Properties, Inc.; 16 AEA Reverse ~o, Inc., and, ~~.~tan ~xchan ~ ~erv~c~s, LLC, l 19 from J. Patrick Dowcla.11, Gold, Creep F~na~ncial LL~C, William A. Hazel, James F. L, v~~~~ and 20 Charles D. Subrt. A~~ Delaware purchased these ~ompan ~~ for $4 25~,~OQL Exh ~►it 198. 21 These a~quire~l ant tips will b~ colle~tivelY referred t~ a.s "A~~." ~2 ~3 24 2. .. Thy lQ31 Tax Group, LLB ~~ a ll~n.~ted ~~ab~l~t~ company known ~.s lQ~ 1 Tax Group." Edward Okun was the ~~le ma~ag~n~ nlem~er o~ ~ X31 Tax, ~rau~, ~Jn Nov~mb~r 2S 15, 2QQ~, 103 ~ Tax ~rou~ pur~hase~. security ~ C~31 ~er~ices, Ins. and ~C~►S 10.31 Holding, Ins., 26 froxr~. Todd R. Fa~ona~ and Reg~:l I-~olc~~ngs; LLC .for $3 ~n ~li~~: Exhibit ~ 32. Th~s~ a~~u~r~d ~~ entities shall collectiv~l be r~ferr~d to as "SOS." 2 16'14158.2 3. 1 known as "NES" fro►m William D. ~~nnett and Reagan H. Davis for $5 million. Exhibit ~ ~9. 4. 3 4 C)n June 22, 2 06, 1031 Tax GrQUp purchased National Int~rm~~.iary, L,td., On June 9, 2006, 1031 Tax C~raup ~u~rchased Real ~stax~ Exchange Services, Inc., known as "~" from David B. Shefrr~an and Sar a R. ~h~frn~~.n for ~4,~5Q,OQ0. d 5. 7 Investment Exchange Group, LLC, 8 Sh~.mrock Holdings Group, LLC; and, 9 ~o l'1 12 13 14 C)n Au~us~ 1, 20 6, 1Q~ 1 Tax ~rrou.~ acquired: Rutherford Investment, LI~C, from Daniel E. McCabe, Shirley L. Mc~abe, Andrew C. McCabe, McCabe Family, LLP, Chid J, Greenberg and J. Peter 1V~cGann, for $~ million, of which $7 n~.11ion w~.s paid at the time o~ the purchase, aid $2 million was dui in the future.. Exhibit 3 81. These acquired ent~ti~~ will b~ I5 collectively referred to as "I~G." 1~6 ~. ro 18 19 2a a~n~ Qn Dec~mb~r lS, 2~~6, 1~3 ~ fax ~`rrQUp a~qui~r~d l~~ 1 A~.~va,~~~~ ir~~. ~.s 'e a t~ ~~~1~►~~~.~~~~ ion; a , ~:r~~l , into ~m.~a~aynnent agr~~ eats with Jana II~as~.iell and Steven Al~r~d, w~: ch ~.r~ attached tc~ exhibit 25~. l031 Advance, Ir~c. will be referred t~► as "1X31 Advance." 7. 21 22 Luring the period September 20QS through March 20 7: a. 23 Okun was the sole owner, President and Chief E~.ecutive C~ff~c~r of Investment Properties of America. Investment Properties of 24 America will be referred to as IPofA. 25 b. ~~ Lary Coleman was the thief C~peratin~ Offi~er of IP of .A~., and. also provided services tQ T~~ lQ31T~.~ Grroup. 27 1674158.2 i c. d. 2 3 C}kun was the sole m~~xa►b~r ~.n~ mana~~r of 1X31 Tai Gr+aup, e. 1 Jeff ~acarias was the thief Financ ~.l Qf~i~er of I~' of ,A.. After 1Q~ 1 Tax .Group purchased xh~ respective e~.~it~es, it owns the ~xock of AEA, SQL, REDS, NHS, I~G, and 1~3 ~ Advance, 4 5 f. 6 Upon closing of the sale of 1Q31 .A.dvar~ce on December 1~, 2QQ~, 103l Tax C..~rroup owr~~d 1Q0►°lo Qf thy' st~~~ of 1Q31 .~.dvax~Ge. 7 g. 8 After lQ31 Tax group purchase. 1~~ 1 A,dvan~e, Jane I~ashi~ll served as President of lQ31 Advance ~.nd S~ev~er~ A~l~ec~ ~~rved ~:s 9 1Q Vice President of 1.03.1 Advance. In early ~~Q7, Jana D~.shiell 11 became President and thief E~ecut v~ C~ffi~er of 1~~ ~ Tax G-r~up. 12 . h. 13 The members of I~~, a limited liability car~pany, were Dani~~ E. McCabe, Shirley L. M~~ab~, Andrew ~., l~I~~ab~ l~ Famil~~ LLLF Chad J. Greenber and J. Peter I~I~Car~.n.. 15 -~ i. 16 18 8. 19 (Jkun way not an off~~er of .any of the qualified nt~rm diarie R~be~rt McElroy is, and ire Navernber 200 was, a ~aar~ner in t~.~ lavv ~rxn: ~o of McGuire VVoads ~n Richmond, Virginia. Eric Perk ~.s and David Field c~►nsu~~~d with 21 McGuire Woods about whether the transfers. of funds from .~.E+~, S(J ,1~TE~, ~..~E , andI CS 22 were proper. On November 2, 2Q~6, Robert McElroy requested ar~d rec~iv~d copies of the ~,3 exchange a,~reements used by AEC, ~t.~S, l'~TES, l~.EES and I~~r. E~.hil~its 357, 682-851 24 ~6 9. The following facts identify the authorized signatories on I~~r bad a~c~unts: 27 4 1674158.2 a. 1 The Qnly authorized s ~nator~es, an each of the. fQUr I~G banl~s accounts at ~olorad~ ~api~al dank that r~~ated t~ 1Q31 exchan~~ 2 transactions (the I~I~A account, the Fool a~c~ount, the ~~c~an ~ 3 4 account and t~~ Master ~ mature Card Account), were the five 5 principals of I~G, Daniel E. Mc~~.~e, Shirley L. McCa~e~ Andxew ~ ~. McCabe, ~h~.d J. Gr~~nberg and J. Peter McCain knov~~ as the ~ 7 "IXG principals''. The w~.s true for I.~~'r ~.ccount~ previcau~ly 8 held at Matrix Ban.l~. 9 b. 10 11 segregated accounts at. Colorado Capital Banlf that were 12 established for the benefit of p~.rticular ex~haners under the 13 Master Signature Carl Account or in con.n.ection with N~~ 14 ±e~.changes. 1S 16 1.0. l~m~ , a. c~ 18 19 The IXG.principals were also the .only signatories on any CJn March 1.9, 2QQ9, Edwaxd C)kun was ~anvicted ~~ a jury in ~~der~.l +eou~t ~, ~ .ng awes a~ ~ x~ ~ , pe a i ~ ~u~ ~ e intermec~iar ~s aa~~ using their fiunc~s: Q~'1~ ~011.~'lt Of C(~2~SrJlx~~~ ~tJ CC~I1~l.rlll~ 111 .11 ~`~:U:iC~. ~.17.C1 Wl~"~ ~~'1~C~. Zo underl8 U.S.C. §§ 1341,. 1~4~, a~:d 134 ,one ~o~.nt of ~~nsp racy to corr~~t n~~n:~~ lau~de~r ~: , 21 id. §§under l$ IJ.S.G. 371 and 19$~(h~; twelve counts of wire fraud, under 1~ ~.T.S.C. 134 ,three 22. counts ofpromotional money laundering, under 18 U.S.G. § 1956~a1(1)(A)(i); o~.~ c~un~ ~f 23 24 2~ ~6 concealment money laundering under 18 U.S.C. § 1956(~.)(1)(~)(i); three counts of money l~.undering, under 1$ U.S.~. ~ 1957; one count of bul1~ cash smuggling un~.er31 U.~.C. § ~ 3 3 2; and Qne count of making a false declaration, 18 U.S.C. § 1623(a~, C~kun was s~ntenc~ec~ to a term 27 5 1 167415.2 of imprisonment of 1QO dears in fer~eral prison, which he is still serving. ~dwarc~ CJkun i~ unavailable to testify at xhe trial of this matter. 11. ~ lion Valley Law ~'rroup is a professional law corporation with offices located at 2S Metxo I~rive, San dose, California 95110. 12. James Chapman is an a~tarney licensed to practice law in California since 1987. In 2~~6, Mr. Chapman was one of the- shareholders ~f Silicon .Valley Law Ciro~.p. M~.'s professional area of practice was and is in corporate transaction. Mir. w~.s in ch~.rge of Silicon Valley Law Group's representation o~ 1031 Advance, Jane I~ash~~11, and Steven Allred, which bean C)ctob~r 23, ~QQ~. Q►n or abut February 20 7, Mr. Chap~.a~. left ~ili~on Valley Law ~'rrou.p to join another law firm. Mr. Chapman is currently pract~~ing I~.~v at ~; a law firm in Pala Alto, Califarn.ia. 13. Mi~h~:el ~~hachter is an attorney licensed to practice law in ~alifarni~. since 2QQ4. In 2~Q6, Mr. Schachter was an associate attorney at Silicon Valley Law ~'rraup, why worked in both the real estate. and corporate departments of `the firm. Mr, Schachter left Silicon '~' 18 19 ~' ~ lyr~:~~.~.~.. law in Walnut Creek, California. 14. 20 Myron Brady is an attorney licensed to practice law in Cal farr~i~. ~in~~ ~l 1981. In 2QQ~ Mr. Brady led silicon ~all~y Gr~ou~p's real estate ~:~:d: la~~ use ~ra~t ce 2~ ~ group, and w~.s the President and ChiefExecutive t~ffic~r cif ~iliGQn Valley I~aw ~rr+~up. 23 24 2~ 15. Janet ~,lashiell and Steven Allred were the. owners and fou.n~:ers o~ 1U31 Advance. 1031 Advance opened for business as a Qualified Interme~.iary in January 2QQ6. ~n 26 ( Qctober 2~~6 Ms. Dashi~l~ cant~.cted Mr. Schachter about silicon '~1'alle~ ~,a~v ~iroup's legal 27 representation because ~h~y were interested ~n pursuing the gale of 1@31 Advance. 6 1674158.2 Qn CJ~taber 23, 2Q~6, Ms. Iaas~ ill and 1VIr. Allred signed a written 16. 1 2 3 retainer agreement with silicon Valley Law GrQUp to representl Q3 ~ Advan+~~ in con.n.~c~ian with 1Q31 Advance's bu~ines~ m.a~ers. 17. 4 On November 13, 2Q06 Janet Dashiell, wha had been contacted by ~. business broker, informed Silicon Va.i~ey ~,aVV Group that Edward Qku.n was interested in 6 purchasing 1Q31 advance. 7 18, 8 9 Edward Okun an his yacht in Flaxida to di~cus~ the pQSSible sale of 1Q31 .~.dvance to t~kun. 19. 1Q 11 12 (Jn November 1~-l9, 2Q06 Janet ~ashiell and- Steven Allred met with On December 18, 2QQ6, lX31 Tax Group, purchased the stag. of 1031 Advance for the sum. of $2.S million in cash, pursuant tQ the terms of a Stock Purchase Agreement, that Silicon Valley Law Group negotiated and drafted on behalf of 1~~ 1 Advance, 13 14 Dashiell, and A11red, and .the law firm I~lu~er Peretz negotiated and. drafted on beh~.~f of 1X31 15 Tax Group. At the game time, Ms. l~asl~ ell and Mr..~►11red also ent~r~d into er~playn~ent 16 a~r~e~nents with. 103 ~ A.dvance that ~ili~~n '~al~~y Law Gro~.p ne;~ot ated aid draft~~ Q~ ~el~~:l~ o 18 19 Zo as i~ 23 ~ ~w ~rrn. ~ u. er ~er~ n~ o ~~: ~ an r~. e ors ~ a c~ Tax ~rraup. STIP~CJLATI(.~N CUN~EF~.NIN~ ADMI~SI~I~,IT~Y (~F E~IIBIT~ .~.N~]► '~E~'~~M~I~T 1. 21 22 an re ~: Thy following exhibits. are ~ru.e ~Qpies of the excl~a~~e a~re~ment~ ~'~►r direct exchanges that were used by ,the respective Qualified Intermediaries from. September 2U~5 through May 2 07, and shall lie admitted in evidence. 24 Eli. 6$3 27 security 1X31 ~erv~~e~, Inc. ~(~Q~) Exh. 357 ~6 Atlantic Exchange Company (ABC) E~.h. 131 ~~ Real Estate E~.cha~ge ~~rvices, Inc. ~~ES) 7 1674158.2 Exh. ~ 85 ~xh. 3 84 3 Investment Exchange group, ~,LC (IXG-) Exh. 265 1 National Int~rme~iary, Ltd. (l~ES) 1a31 Advance, Inc. (1a31 Adv~.nce) 4 2. 5 Exh. 4S 1 Plea Agreement of Lara ~o~eman Exh. 452 Statement of Facts of Lara Coleman ~xh. 45,4 Criminal Information to which Lara pleaded guilty 9 Exh. ~~3 ~rirnina~ Information: to whi~~ Ric~.~.r~t ~inr~:~in, pl~a~ed ~u~~lt~ 10 Exh. 694 Staten~e~t o~ Faits of F~.i~~iard S~mrir~~ 11 Exh.~95 Plea. A,greem~nt of Richard 5imring Exh. T33 Transcript of guilty plea Qf Richard Sin~.ring E~h. 711 ~tat~ment of ~aGts of David Field 15 Exh.712 Plea Agreement of David Fuld lE Exh. 717 Criminal Information to which David Meld pleaded guilty 6 7 8 12 The fallowing exhibits shall be admitted in evidence. 13 14 __ ~~ 3. l~ 2Q Coleman's deposition testimony regarding her Re~titu~~iox~ C~rd~r is 4. l ~..~.^,.rirnn~m~n~aga~n~~av~~ The Trustee has pravid:ed ~VL~ with a~~c~~~ t~ all balk a~~d other r~~c~rds admissible. 21 22 supporting the exert test rnony of John fiord llo. Mr. Sordillo may test ~'~ at trial ba~~~ o~. his 23 review aid analysis of thane records without t ie ~eces~ity off'these recQrd.s be~n~ preset at the 24 ~5 ~6 trial ~r admitted -into evidence. Nothing herein is a vva~iver of the right of SVLC to (1~ gross exam,:in~ Mr. ~ordill~ with respect to those records or any ether aspect of his expert report aid 27 8 167 1~ 8.2 test mangy or (2) to objec~ to and .aspect of Mr. Sordillo' ~ trial testimony, exc~~~t the r~coxds mad 1 2 alto be admitted into evid+~nce, if the Ca~urt overrules any SVL~ rel~v~.ncy oba~~tians. 5. 3 E~~. 4Q1 is a true and correct copy of the Federation of Exchange 4 ~.ccammadators (FEA) Cady of Ethics in effecx in 2(~~4 ~.nd may be admitted in evidence i~' the 5 Co~.rt overrules SVI~G'S relevancy cabj~ction. SVI,G has. abjecte~. and _continues to abject t~► tl~~ 6 admi~sib~lity of any version of t~:e FAA Code of ~~hics. 6. 8 9 Exh. 141 is a true and correct co~ay of the FAA Code of ethics in effect in 2~Q6 and may be admitted in evidence if the court overrules SVLG's relevancy objection. 14 SVLG has objected and continues to object to the adrn.issibility of any version Qf the FAA,. Cody 11 of Ethics. 12 7. 13 14 The Proofs of Claim that individual Exchangers filed with, ar~~ w~r~ accepted ley, the Bankruptcy C~uart nr~ay 1a~ i~ the Court ~v~rrul~~ SVL~'s rel~va~.ey 15 obaectian. SVLG has objected, ~.nd continues to object, xQ the admissibility of a~.y the te~timan 16 of any ~xahanger and to the admission of their Proaf~ Qf Chaim:. -~.~ 18 1'9 • ca ec ,~~an wi ~s~e~ ~~nany on~.ary a ~n pril~ ~► ., ; . ~VL~'r designated Jams ~~a.ap are. under Rule 30(b~(~) as the witness ~Q t~stif~ o~ ~~V~.G' ~o behalf as to► the practices and ,, praced.ur~s generally used by ~VLCi' ~ corporate d~partn~.ent, as of 2l N~►vember~ 2Q~6 and the three year period before, to conduct factual and legal d.ue ~.ili~~nce gin. ~2 the purchase and sale. of businesses for which S~VLG w~.s retained by its clients, ~.~.d the tra non 23 of attorneys with respect to such practises and procedures. 24 9. 25 2G 2~' In conn~ct~on with hip testimony on J~:n~.~.ry 7, ~Q11, and Apr~16, 2Q11, VL~'r des mated M~rar~ Brody ur~d~r T~.ul~ 30(la)(6) as t~~ ~itn~~s t~ t~~tify o~ ~VL~'s ~~~al~ a~ to: the practices and proce~du~r~s generally u~~d ~by S~JL~G's real estate depar~n~ent, as of l674 ~ 58..2 l~T~vember 2@fib and the three year ~~r~od l~efc~re, to conduct factual. and legal due ~il~~~~.ce on 1 2 3 real estate transactions for which SVLG w~.s retained by its clients, and the training of attorneys with resI~ect to such 1~ractices and procedures. CfJNI)ITIUNAL STIPTJLATI(~1NS► AS T~J ,,A►,DMISSIBILITY ~1F E,'~'II~ENCE 4 S 7 S 9 l. and 4~2, SVI,G withdraws its obje~ti~ons to Exh, 176 and 177 and to the admission of r~ievar~t testimony about all four exhibit, while pxeservir~ for appal -its ~b~ ect ons to su~~~ evidence ar~d testimony. 2. l~ 11 12 13 14 If the Cou.~t determines that the t~sti~ony of Janes Ries ~s ad~ni~sible, then SVLG withdraws its objections to the admi~s~bi~ity of Exhibits 41.3, 41~, 41~, ~1~, 41g, 421, 4~3, 42~, 427, 428 and 481 (collectively these 11 exhibits are xef~rred t~ a~ "the Western -ravel Documents"), v~r~ile preservin.~ for appeal its abj~Gti~n~ to such evid.e~ce ~.nd t~~tim.+~ny. 3. 1S 16 If the Court averr~.les SVLG'~ objections to the admissibility o~ ~~h. 461 If the Court d~t~rmines that the email of Tim~:athy Heaphy (Exh. 3 3 5), i~ admissible, thin SVLG withdraws its objections t~ Exh. ~ 3 S, while pr~s~rv~n for appal its ~.. _, . :. 18 '~ pence. L~ l~ If the court ~verrule~ ~VL~'r's Ql~jectior~ end d~t~rm:in~s to a~. it t~. 2Q e~timany of an Exchanger, ~h~n ~VL~- w ~h~.rav~s its a~~~~tion~ to the ad ~~~ on o~'t~at 21 ~xchan~er' ~ Proof of Claim filed with the Bankrupt~~ Court,: inc~ud x~g but not li t~~. to ~xh. 22 i~ 1, 63 3, 634, 63 S, 6~ 6, 674, 671A, 67lB, 675, ~76A, d76B, whip preserving fir appeal its 23 ►bj ections to such evidence and testimony. ~4 5. 25 If the Court avert-~:les SVL~'s objection to Exh. 4~6, SVL~- v~ithdraw~ ids 26 ►bjectiQn to the design~.ted testimony of Coleman at pp. ~3-~5, while prese~rvin~ fir a~pe~.l its 27 ►b~ecti~ns to such~evi~.ence and testim.~ny. 1Q ~ 1674158.E 6. 1 If the Court denies ~VLG' ~ Mohan: for Partial summary Tr~d~m.ent ~n the Measure of Damages, SVLG withdraws ids obj~c~tion to the admis~ibili~y of the appendices and ,; exhibits to Mr. ~ardillo's report anc~ they shall be admitted into evidence, pr~servin~ ~a►r 3 a~apeal its objections to such evidence.: These are Exhibits 9Q1-9Q7, ~9Q, T4 and ~'-~. 4 5 ~T~FITLATIONS ~ON~EI~►NING THE CQN~IUCT OF THE TR~.IAL d 1. 7 Any claim by ~VLG that it is entitled to a credit against any j~.d~rm.~nt of 8 danr~ages as a result of the Trustee's .settlements with or recoveries from, third ~aartie~, including 9 the issue whether such amounts constitute collateral sources, shall be de~ic~~d by t~.~ ~our~ po~t- 1Q .trial and a~ot by the jury. There shall be no further discovery on these issues p~►st-trial, except 11 that public filings from the Bankruptcy case may be used past-trial i~ can.nection ~itl~ the~~ 12 13 issues. Nothing in this Stipul~tic~n ~h~.11 prevent the `Tru~t~~e frarn: ~a rof~ering the t~~tin~~ny o~ ~Ir. '~ 14 Grerard McHale about the b~.n:k:ruptcy proceedings, bank:ruptGy plan ar~d ~~s role as the l~ L,i~uidatian Trustee and/or hip efforts to obtain re~ov~r~e~ or s~tfilemer~t~. Nothing i~. ~hi~ 16 Stipulation waives any objection by S'~'LG to any o~-the trial t~stimany ~f Gerard. ~VI~HaI~, all of ~S 1~ zo 21 ~2 23 24 ~. ~, To the ~xten~ that SVLC~ is the prevailing party at trial,' '~LG's clam: for attorneys' fees will be addressed by the Court in post-trial proceedings and will not be r~solv~d by the jury. The Trustee reserves all rights with respect to such claim, including: but not limited to the Trustee's contention that this court lacks jurisdi~t~on over such a claim and such a claim unt~rr~e y. ~. 25 ~6 _, v~hich objections are e~press~y reserved. ~VLCi v~aiv~s and will nit assert and defenses of statute o~ limi~~.tions; lashes, and failure to mitigate 1~Tothin~ in this ~t is intended t~ restrict ~VI,~'r ~7 11 1b741S8.2 from presenting evidence or argument at ~r~al that the dam.a~e~ alleged by the Trus~e~ were 1 2 caused by entities or individuals other than SVL~'r. 4. 3 It is not ne~cessaxy to introduce into evidence the underlying documents on ~ 4 which the experts relied in order for the expert to testify about ar in reliance on them, provided 5 that the, document been made available to the other party in a timely manner. 1`~othi~.g in phis waives any party's right to object that the expert's testimony exc~~d~ the ~c~p~ of the 7 8 9 opinions expressed in that expert's re~aart. ~Jothing in this para~rap~ wa~~ves any part's right to object to t~:e admissibility ~►f ~:n~ of these d~~ume~t~ Qr to r~a~~ other alga e~tio~~ tai the ~~~a~rt' ~ la tes~timany about such documents 11 5. 12 13 14 1S If the. tri~.l exhibit. vvas marked as a de~aosition ~~h~bit mars thin a►r~c~ and is referred to in admitted depQSition test mo~~ by more than Qne number, it shall b~ refe~•~rec~ to at ~ trial by the lowest exhibit number, and the other numbers used at deposition ~hal~ a1s~ b~~n shown on the first page of tie exhibit ~a .that the deposition testimony will be clear. 16 6. Lerch Sturme~ will accept .service of trial subpo~na~ for J~.r~~s Chaprn:~n, cier. 1S 19 20 h:e rus ee a,~r~es o ~ v~ ~erc~~~ur:~r in writing of the time and da.~e upon which each of t~~se three wi~n~ss~~ is ta► app►ea~r ~t ~ hours before they are initially called to testify. 7. 21 The parties have no authenticity objec~ions t~ any trial exhi~►i~~ d~sign~,t~d 22 to date, meaning that the ~aarties agree that the designated exhibits are true and. correct ~api~s of 23 the documents that they purport to be. N~ith~r ~aarty will be required to pro►du~e an ~ri,~in~.l of 24 2~ any previously designated exhibit at trial. 8. 26 27 Thy pasties agree that the zn ~imine motions are not e~haustiv~, and tither party may object to evidence at trial if not inconsistent with (1) the stipulations and agreen~~nts 12 167415$.2 set forth herein; (2) any other signed ~tipulatiQn between the parties; and/or ~~~ any Carder 'of this 1 2 Court. 9. 3 Thy parties reserve the right to abject t~► evid~nGe as cum.rulative. 4 S 6 DATED: December 17, 2Q12 GOLENBQ►CI~. EIS~MAN A~~C}R. BELL ~ FE~I~.QE ~,LP 7 By: g /s/ Michael 5. Devorkin Michael ~. Devorkin, Esq. (prQ hac vise) Jacqueline G. Veit, Esc . faro hac vice) Attorneys fQ~ Plaintiff Gexar~ .A►.. McHale, Jr., F.A., a.s Liqu~dati~►n Tru~t~~ fa►r the 1Q31 Debtors L~quidatian Trust 10 11 12 13 LER.~H ~T~.J~ET~. I~LP DATED: Dece~rnber 17, ~Q12 14 By: 15 /~/ D~~ra ~turxx~~r Jerome N. Lech, Esq. Laebra Steel St~.r~mer, Esq. Axtorrieys for Defendant Sil GOn ~all~y RT Spero A H ER R NIA NO seph C. Judge Jo D RDERE FO OO IT IS S LI UNIT ED Dated: 1/16/13 ISTRIC ES D TC AT T RT U O S 1~ N F D IS T IC T O R C 13 1674158..2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?