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)

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[~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: jlerch~~l~erchsturmer.com
nail:dsturmer~l~rchsturmer.cQm
;torneys for Defendant SilGOn Valley Law Group

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~.TNITED STATES DISTRICT ~~1L7RT

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GERARD A. MCHALE, Jr., P.A., as
Liqu:idatian Trustee far the 1X31 Debtors
Liquidation Trust,

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Case l~l~o. ~V 10-~486►4~~TC~

Plaintiff,
v.
SILICON VALLEY LAW GRQUP, a
professional cor~aoratian,
Defendant.

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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
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FOLLOWS:

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S'T'IPI7LATEI)► FACTS

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These facts and the cariesl~ondi~~ exhibits set forth in '~'~ ~ ~19 ~aY b~ admitted into

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evidence.. The parties agree that ~t ~s not their ~nt~n~ to h~.ve the facts set- forth In ~('~ 1~l~ read to the

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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.
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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)

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AEC Finance Co, Inc.;

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AEC Properties, Inc.;

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AEA Reverse ~o, Inc., and,
~~.~tan ~xchan ~ ~erv~c~s, LLC,

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from J. Patrick Dowcla.11, Gold, Creep F~na~ncial LL~C, William A. Hazel, James F. L, v~~~~ and

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Charles D. Subrt. A~~ Delaware purchased these ~ompan ~~ for $4 25~,~OQL Exh ~►it 198.

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These a~quire~l ant tips will b~ colle~tivelY referred t~ a.s "A~~."

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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

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15, 2QQ~, 103 ~ Tax ~rou~ pur~hase~. security ~ C~31 ~er~ices, Ins. and ~C~►S 10.31 Holding, Ins.,

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froxr~. Todd R. Fa~ona~ and Reg~:l I-~olc~~ngs; LLC .for $3 ~n ~li~~: Exhibit ~ 32. Th~s~ a~~u~r~d

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entities shall collectiv~l be r~ferr~d to as "SOS."

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known as "NES" fro►m William D. ~~nnett and Reagan H. Davis for $5 million. Exhibit ~ ~9.
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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.

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Investment Exchange Group, LLC,

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Sh~.mrock Holdings Group, LLC; and,

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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~

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collectively referred to as "I~G."

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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

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~~~1~►~~~.~~~~
ion;

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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."
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Luring the period September 20QS through March 20 7:
a.

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Okun was the sole owner, President and Chief E~.ecutive C~ff~c~r of
Investment Properties of America. Investment Properties of

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America will be referred to as IPofA.

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Lary Coleman was the thief C~peratin~ Offi~er of IP of .A~., and. also
provided services tQ T~~ lQ31T~.~ Grroup.

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C}kun was the sole m~~xa►b~r ~.n~ mana~~r of 1X31 Tai Gr+aup,

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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,

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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.

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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

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Vice President of 1.03.1 Advance. In early ~~Q7, Jana D~.shiell

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became President and thief E~ecut v~ C~ffi~er of 1~~ ~ Tax G-r~up.

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The members of I~~, a limited liability car~pany, were Dani~~ E.
McCabe, Shirley L. M~~ab~, Andrew ~. M~C~.be, l~I~~ab~

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Famil~~ LLLF Chad J. Greenber and J. Peter I~I~Car~.n..

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(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:

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of McGuire VVoads ~n Richmond, Virginia. Eric Perk ~.s and David Field c~►nsu~~~d with

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McGuire Woods about whether the transfers. of funds from .~.E+~, S(J ,1~TE~, ~..~E , andI CS

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were proper. On November 2, 2Q~6, Robert McElroy requested ar~d rec~iv~d copies of the

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exchange a,~reements used by AEC, ~t.~S, l'~TES, l~.EES and I~~r. E~.hil~its 357, 682-851

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The following facts identify the authorized signatories on I~~r bad

a~c~unts:

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a.

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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~~

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transactions (the I~I~A account, the Fool a~c~ount, the ~~c~an ~

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account and t~~ Master ~ mature Card Account), were the five

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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 ~

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"IXG principals''. The ~~.me w~.s true for I.~~'r ~.ccount~ previcau~ly

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held at Matrix Ban.l~.

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b.

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segregated accounts at. Colorado Capital Banlf that were

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established for the benefit of p~.rticular ex~haners under the

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Master Signature Carl Account or in con.n.ection with N~~

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±e~.changes.

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l~m~ , a. c~

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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
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~ .ng

awes

a~ ~ x~ ~ ,

pe a i

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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~.

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underl8 U.S.C. §§ 1341,. 1~4~, a~:d 134 ,one ~o~.nt of ~~nsp racy to corr~~t n~~n:~~ lau~de~r ~: ,

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id. §§under l$ IJ.S.G. 371 and 19$~(h~; twelve counts of wire fraud, under 1~ ~.T.S.C. 134 ,three

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counts ofpromotional money laundering, under 18 U.S.G. § 1956~a1(1)(A)(i); o~.~ c~un~ ~f

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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

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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.
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~ lion Valley Law ~'rroup is a professional law corporation with offices

located at 2S Metxo I~rive, San dose, California 95110.
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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~.
Chapm.an's professional area of practice was and is in corporate transaction. Mir. ~l~apm.an 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
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a law firm in Pala Alto, Califarn.ia.
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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
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lyr~:~~.~.~..

law in Walnut Creek, California.
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Myron Brady is an attorney licensed to practice law in Cal farr~i~. ~in~~

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1981. In 2QQ~ Mr. Brady led silicon ~all~y ~.aw Gr~ou~p's real estate ~:~:d: la~~ use ~ra~t ce

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~ group, and w~.s the President and ChiefExecutive t~ffic~r cif ~iliGQn Valley I~aw ~rr+~up.

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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

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( Qctober 2~~6 Ms. Dashi~l~ cant~.cted Mr. Schachter about silicon '~1'alle~ ~,a~v ~iroup's legal

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representation because ~h~y were interested ~n pursuing the gale of 1@31 Advance.

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Qn CJ~taber 23, 2Q~6, Ms. Iaas~ ill and 1VIr. Allred signed a written

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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.
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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
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purchasing 1Q31 advance.

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Edward Okun an his yacht in Flaxida to di~cus~ the pQSSible sale of 1Q31 .~.dvance to t~kun.
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(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,

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Dashiell, and A11red, and .the law firm I~lu~er Peretz negotiated and. drafted on beh~.~f of 1X31

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Tax Group. At the game time, Ms. l~asl~ ell and Mr..~►11red also ent~r~d into er~playn~ent

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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

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as i~

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~ ~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.

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an

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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.

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Eli. 6$3

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security 1X31 ~erv~~e~, Inc. ~(~Q~)

Exh. 357

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Atlantic Exchange Company (ABC)

E~.h. 131

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Real Estate E~.cha~ge ~~rvices, Inc. ~~ES)

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Exh. ~ 85
~xh. 3 84

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Investment Exchange group, ~,LC (IXG-)

Exh. 265

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National Int~rme~iary, Ltd. (l~ES)

1a31 Advance, Inc. (1a31 Adv~.nce)

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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 Ca~~m.an pleaded guilty

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Exh. ~~3

~rirnina~ Information: to whi~~ Ric~.~.r~t ~inr~:~in, pl~a~ed ~u~~lt~

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Exh. 694

Staten~e~t o~ Faits of F~.i~~iard S~mrir~~

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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

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Exh.712

Plea Agreement of David Fuld

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Exh. 717

Criminal Information to which David Meld pleaded guilty

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The fallowing exhibits shall be admitted in evidence.

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Coleman's deposition testimony regarding her Re~titu~~iox~ C~rd~r is

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~..~.^,.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.

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supporting the exert test rnony of John fiord llo. Mr. Sordillo may test ~'~ at trial ba~~~ o~. his

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review aid analysis of thane records without t ie ~eces~ity off'these recQrd.s be~n~ preset at the

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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

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167 1~ 8.2

test mangy or (2) to objec~ to and .aspect of Mr. Sordillo' ~ trial testimony, exc~~~t the r~coxds mad

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alto be admitted into evid+~nce, if the Ca~urt overrules any SVL~ rel~v~.ncy oba~~tians.
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E~~. 4Q1 is a true and correct copy of the Federation of Exchange

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~.ccammadators (FEA) Cady of Ethics in effecx in 2(~~4 ~.nd may be admitted in evidence i~' the

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Co~.rt overrules SVI~G'S relevancy cabj~ction. SVI,G has. abjecte~. and _continues to abject t~► tl~~

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admi~sib~lity of any version of t~:e FAA Code of ~~hics.
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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.

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SVLG has objected and continues to object to the adrn.issibility of any version Qf the FAA,. Cody

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of Ethics.

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The Proofs of Claim that individual Exchangers filed with, ar~~ w~r~

accepted ley, the Bankruptcy C~uart nr~ay 1a~ ~.dm:itt~~l i~ the Court ~v~rrul~~ SVL~'s rel~va~.ey

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obaectian. SVLG has objected, ~.nd continues to object, xQ the admissibility of a~.y the te~timan

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of any ~xahanger and to the admission of their Proaf~ Qf Chaim:.
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ca ec ,~~an wi

~s~e~ ~~nany on~.ary

a ~n

pril~ ~► .,
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~VL~'r designated Jams ~~a.ap are. under Rule 30(b~(~) as the witness ~Q t~stif~ o~ ~~V~.G'

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behalf as to► the practices and ,,
praced.ur~s generally used by ~VLCi' ~ corporate d~partn~.ent, as of

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N~►vember~ 2Q~6 and the three year period before, to conduct factual and legal d.ue ~.ili~~nce gin.

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the purchase and sale. of businesses for which S~VLG w~.s retained by its clients, ~.~.d the tra non

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of attorneys with respect to such practises and procedures.

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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

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l~T~vember 2@fib and the three year ~~r~od l~efc~re, to conduct factual. and legal due ~il~~~~.ce on
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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

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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.
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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.

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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

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pence.

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If the court ~verrule~ ~VL~'r's Ql~jectior~ end d~t~rm:in~s to a~. it t~.

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e~timany of an Exchanger, ~h~n ~VL~- w ~h~.rav~s its a~~~~tion~ to the ad ~~~ on o~'t~at

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~xchan~er' ~ Proof of Claim filed with the Bankrupt~~ Court,: inc~ud x~g but not li t~~. to ~xh.

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i~ 1, 63 3, 634, 63 S, 6~ 6, 674, 671A, 67lB, 675, ~76A, d76B, whip preserving fir appeal its

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►bj ections to such evidence and testimony.

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5.

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If the Court avert-~:les SVL~'s objection to Exh. 4~6, SVL~- v~ithdraw~ ids

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►bjectiQn to the design~.ted testimony of Coleman at pp. ~3-~5, while prese~rvin~ fir a~pe~.l its

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►b~ecti~ns to such~evi~.ence and testim.~ny.

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6.
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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
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exhibits to Mr. ~ardillo's report anc~ they shall be admitted into evidence, wh.il~ pr~servin~ ~a►r

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a~apeal its objections to such evidence.: These are Exhibits 9Q1-9Q7, ~9Q, T4 and ~'-~.

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~T~FITLATIONS ~ON~EI~►NING THE CQN~IUCT OF THE TR~.IAL

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Any claim by ~VLG that it is entitled to a credit against any j~.d~rm.~nt of

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danr~ages as a result of the Trustee's .settlements with or recoveries from, third ~aartie~, including

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the issue whether such amounts constitute collateral sources, shall be de~ic~~d by t~.~ ~our~ po~t-

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.trial and a~ot by the jury. There shall be no further discovery on these issues p~►st-trial, except

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that public filings from the Bankruptcy case may be used past-trial i~ can.nection ~itl~ the~~

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issues. Nothing in this Stipul~tic~n ~h~.11 prevent the `Tru~t~~e frarn: ~a rof~ering the t~~tin~~ny o~ ~Ir. '~

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Grerard McHale about the b~.n:k:ruptcy proceedings, bank:ruptGy plan ar~d ~~s role as the

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L,i~uidatian Trustee and/or hip efforts to obtain re~ov~r~e~ or s~tfilemer~t~. Nothing i~. ~hi~

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Stipulation waives any objection by S'~'LG to any o~-the trial t~stimany ~f Gerard. ~VI~HaI~, all of

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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.
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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 d~.ma~~s. 1~Tothin~ in this ~t ~~.lat~o~. is intended t~ restrict ~VI,~'r

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from presenting evidence or argument at ~r~al that the dam.a~e~ alleged by the Trus~e~ were
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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 ~.as been made available to the other party in a timely manner. 1`~othi~.g in phis
para~r~.ph 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 ~~~.st ~
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

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