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

Filing 116

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, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(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 DEFENDANTS’ MOTION TO
STRIKE THE EXPERT REPORTS AND TESTIMONY OF HARRISON J. GOLDIN

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 Harrison J. Goldin 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

Harrison J. Goldin, dated November 22, 2011.
3.

Attached hereto as Exhibit 2 is a true and correct copy of the Errata Sheet to the

Expert Report of Harrison J. Goldin, dated January 10, 2012.
4.

Attached hereto as Exhibit 3 is a true and correct copy of selected testimony from

the Deposition of Michael Katz , dated December 9, 2011, in the above-captioned matter.
5.

Attached hereto as Exhibit 4 is a true and correct copy of selected testimony from

the Rule 2004 Examination of Arthur Friedman, dated June 24, 2010, in the above-captioned
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