Angulo Capital Corp. et al v. Skadden, Arps, Slate, Meagher & Flom, LLP

Filing 7

Angulo Capital Corp. et al v. Skadden, Arps, Slate, Meagher & Flom, LLP

Doc. 7 Att. 1

Case 1:04-cv-03114-KMW

Document 7-2

Filed 06/15/2004

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Stuart A. Krause (SK-3847) ZEICHNER ELLMAN & KRAUSE LLP 575 Lexington Avenue New York, New York 10022 [phone] Attorneys for Defendant Skadden, Arps, Slate, Meagher & Flom, LLP UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANGULO CAPITAL CORP. and GERARD Civil Action No.: 04 CV 3114 (KMW) ANGULO, Plaintiffs, - against SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP, Defendant. ATTORNEY STATEMENT OF STUART A. KRAUSE

STUART A. KRAUSE, pursuant to 28 U.S.C. § 1746, declares as follows: 1. I am a member of Zeichner Ellman & Krause LLP, counsel for

defendant Skadden, Arps, Slate, Meagher & Flom, LLP ("Skadden"), and am a member of the bar of this Court. 2. I submit this Attorney Statement in support of Skadden's motion to

dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). 3. Attached as Exhibit A is a copy of the Decision, Order, and Judgment

entered by the Honorable Shirley Werner Kornreich, J.S.C., on November 21, 2003, in Skadden, Arps, Slate, Meagher & Flom, LLP v. Angulo, Index No. 600814/03 (the "State Court Action").

Dockets.Justia.com

Case 1:04-cv-03114-KMW

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4.

Attached as Exhibit B is a copy of my letter to the Honorable Richard

M. Berman, U.S.D.J., dated February 26, 2003, in Skadden, Arps, Slate, Meagher & Flom, LLP v. Angulo, Civ. No. 02-9322 (RMB) (the "Prior Federal Action"). 5. Attached as Exhibit C is a copy of a letter from Eric W. Berry, Esq.,

to Judge Berman dated February 28, 2003, in the Prior Federal Action. 6. Attached as Exhibit D is a copy of the Stipulation and Order of

Dismissal entered by Judge Berman on March 8, 2003, in the Prior Federal Action.. 7. Attached as Exhibit E is a copy of the Summons and Complaint filed

in the State Court Action on March 14, 2003. 8. Attached as Exhibit F is the Answer and Counterclaim filed by Gerard

Angulo in the State Court Action on April 11, 2003. 9. Attached as Exhibit G is the Affidavit of Gerard Angulo dated June

25, 2003, in the State Court Action. 10. Attached as Exhibit H is the Affirmation of Eric W. Berry, Esq., dated

June 25, 2003, in the State Court Action. 11. Attached as Exhibit I is the Affirmation of Eric W. Berry, Esq., dated

January 5, 2004, in the State Court Action ("Berry Affirmation II").

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12.

Attached as Exhibit J is the Transcript of argument on Gerard

Angulo's motions for the recusal of Justice Kornreich and for reargument, dated March 25, 2004, in the State Court Action. 13. Attached as Exhibit K is the Complaint in the instant action.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on June 10, 2004. New York, New York /s/Stuart A. Krause___________ STUART A. KRAUSE (SK-3847)

440682.01/3229-001/BG

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