Irving H. Picard v. Saul B. Katz et al

Filing 112

DECLARATION of David J. Sheehan in Opposition re: 80 MOTION to Strike THE EXPERT REPORTS AND TESTIMONY OF STEVE POMERANTZ AND HARRISON J. GOLDIN.. Document filed by Irving H. Picard. (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 1-3, # 4 Exhibit 1-4, # 5 Exhibit 1-5, # 6 Exhibit 1-6, # 7 Exhibit 2, # 8 Exhibit 3)(Sheehan, David)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re:

Adv. Pro. No. 08-01789 (BRL)

BERNARD L. MADOFF,

SIPA LIQUIDATION

Debtor.
IRVING H. PICARD, Trustee for the Liquidation
of Bernard L. Madoff Investment Securities LLC,

(Substantively Consolidated)
Adv. Pro. No. 10-5287 (BRL)

Plaintiff,
Case No. 11-Civ-03605 (JSR)
v.
SAUL B. KATZ, et al.,
Defendants.

DECLARATION OF DAVID J. SHEEHAN IN SUPPORT OF THE TRUSTEE’S
MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANTS’ MOTION TO
STRIKE THE EXPERT REPORTS AND TESTIMONY OF DR. STEVE POMERANTZ

I, DAVID J. SHEEHAN, declare pursuant to 28 U.S.C. §1746, that the following is true:
1.

I am an attorney with the firm Baker & Hostetler LLP, counsel to Irving H.

Picard, Esq., the trustee (“Trustee”) for the substantively consolidated liquidation of Bernard. L.
Madoff Investment Securities LLC (“BLMIS”) and Bernard L. Madoff (“Madoff). I submit this
declaration in support of the Trustee’s Memorandum of Law in Opposition to the Defendants’
Motion to Strike the Expert Reports and Testimony of Dr. Steve Pomerantz pursuant to Federal
Rules of Evidence 702, 401, 402 and 403. I am personally familiar with the facts set forth
herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of the Expert Report of Dr.

Steve Pomerantz, dated November 22, 2011.
3.

Attached hereto as Exhibit 2 is a true and correct copy of the Rebuttal Report of

Dr. Steve Pomerantz, dated December 13, 2011.
4.

Attached hereto as Exhibit 3 are true and correct copies of relevant excerpts in the

transcript of the Deposition of Dr. Steve Pomerantz, dated January 8, 2012, in the abovecaptioned matter.

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

Dated: February 9, 2012
New York, New York

/s/ David J. Sheehan
David J. Sheehan