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

Filing 131

DECLARATION of David J. Sheehan in Support re: 82 MOTION to Strike the Expert Report and Testimony of John Maine.. Document filed by Irving H. Picard. (Attachments: # 1 Exhibit 1)(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 REPLY
MEMORANDUM OF LAW IN SUPPORT OF THE TRUSTEE’S MOTION TO STRIKE
THE EXPERT REPORTS AND TESTIMONY OF JOHN MAINE

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 Reply Memorandum of Law in Support of the Trustee’s
Motion to Strike the Expert Reports and Testimony of John Maine pursuant to Federal Rules of
Evidence 702, 401, 402 and 403. I am personally familiar with the facts set forth therein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of an excerpt from the Rule

2004 Deposition Testimony of Fred Wilpon, dated July 20, 2010.

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

Dated: February 16, 2012
New York, New York

/s/ David J. Sheehan
David J. Sheehan