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

Filing 153

DECLARATION of DANA M. SESHENS in Support re: 143 MOTION in Limine TO BAR USE OF PREJUDICIAL PHRASE., 145 MOTION in Limine TO EXCLUDE STERLING STAMOS DOCUMENTS.. Document filed by Charles 15 Associates, Charles 15 LLC, Charles Sterling LLC, Charles Sterling Sub LLC, College Place Enterprises LLC, Coney Island Baseball Holding Company LLC, Estate of Leonard Schreier, FFB Aviation LLC, FS Company LLC, Fred Wilpon Family Trust, Arthur Friedman, Ruth Friedman, Iris J. Katz and Saul B. Katz Family Foundation, Inc., Judy and Fred Wilpon Family Foundation, Inc., Amy Beth Katz, David Katz, Dayle Katz, Gregory Katz, Howard Katz, Iris Katz, 157 J.E.S. LLC, Air Sterling LLC, BAS Aircraft LLC, Jason Bacher, Bon Mick Family Partners LP, Bon-Mick, Inc., Brooklyn Baseball Company LLC, C.D.S. Corp., Michael Katz, Saul B. Katz, Todd Katz, Katz 2002 Descendants' Trust, Heather Katz Knopf, Natalie Katz O'Brien, Mets II LLC, Mets Limited Partnership, Mets One LLC, Mets Partners, Inc., Minor 1 (REDACTED), Minor 2 (REDACTED), L. Thomas Osterman, Phyllis Rebell Osterman, Realty Associates Madoff II, Red Valley Partners, Robbinsville Park LLC, Ruskin Garden Apartments LLC, Saul B. Katz Family Trust, Michael Schreier, Deyva Schreier Arthur, See Holdco LLC, See Holdings I, See Holdings II, Sterling 10 LLC, Sterling 15C LLC, Sterling 20 LLC, Sterling Acquisitions LLC, Sterling American Advisors II LP, Sterling American Property III LP, Sterling American Property IV LP, Sterling American Property V LP, Sterling Brunswick Corporation, Sterling Brunswick Seven LLC, Sterling Dist Properties LLC, Sterling Equities, Sterling Equities Associates, Sterling Equities Investors, Sterling Heritage LLC, Sterling Internal V LLC, Sterling Jet II Ltd., Sterling Jet Ltd., Sterling Mets Associates, Sterling Mets Associates II, Sterling Mets LP, Sterling Pathogenesis Company, Sterling Third Associates, Sterling Thirty Venture LLC, Sterling Tracing LLC, Sterling Twenty Five LLC, Sterling VC IV LLC, Sterling VC V LLC, Edward M. Tepper, Elise C. Tepper, Jacqueline G. Tepper, Marvin B. Tepper, Valley Harbor Associates, Kimberly Wachtler, Philip Wachtler, Bruce N. Wilpon, Daniel Wilpon, Debra Wilpon, Fred Wilpon, Jeffrey Wilpon, Jessica Wilpon, Judith Wilpon, Richard Wilpon, Scott Wilpon, Valerie Wilpon, Wilpon 2002 Descendants' Trust, Robin Wilpon Wachtler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Seshens, Dana)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
IRVING H. PICARD,
:
:
Plaintiff,
:
:
11-CV-03605 (JSR)(HBP)
- against :
:
SAUL B. KATZ, et al.,
:
:
Defendants.
:
:
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DECLARATION OF DANA M. SESHENS IN SUPPORT OF
DEFENDANTS’ MOTIONS IN LIMINE
I, Dana M. Seshens, declare, pursuant to 28 U.S.C. § 1746, that the
following is true:
1.

I am a partner with the firm of Davis Polk & Wardwell LLP,

attorneys for Defendants. I submit this declaration in support of Defendants’
motions in limine.
2.

Attached hereto as Exhibit A is a true and correct copy of excerpts

from the deposition of David Katz, dated December 28, 2011.
3.

Attached hereto as Exhibit B is a true and correct copy of excerpts

from the deposition of Saul B. Katz, dated January 13, 2012.
4.

Attached hereto as Exhibit C is a true and correct copy of excerpts

from the deposition of Fred Wilpon, dated January 10, 2012.
5.

Attached hereto as Exhibit D is a true and correct copy of excerpts

from the deposition of Kevin Barcelona, dated December 15, 2011.

6.

Attached hereto as Exhibit E is a true and correct copy of a press

release issued by Irving H. Picard, dated May 19, 2011.
7.

Attached hereto as Exhibit F is a true and correct copy of the

Limited Partnership Agreement of Stamos Partners Capital Management, L.P.
8.

Attached hereto as Exhibit G is a true and correct copy of the First

Amended and Restated Limited Liability Company Agreement of Stamos
Partners Capital Management GP, LLC.
9.

Attached hereto as Exhibit H is a true and correct copy of the

Limited Liability Company Agreement of Sterling Partners Associates, LLC.
10.

Attached hereto as Exhibit I is a true and correct copy of excerpts

from the deposition of Kevin Okimoto, dated January 6, 2012.
11.

Attached hereto as Exhibit J is a true and correct copy of excerpts

from the Bankruptcy Rule 2004 deposition of Ashok Chachra, dated October 8,
2010.
12.

Attached hereto as Exhibit K is a true and correct copy of excerpts

from the deposition of Peter Stamos, dated January 5, 2012.
13.

Attached hereto as Exhibit L is a true and correct copy of excerpts

from the Bankruptcy Rule 2004 deposition of Peter Stamos, dated August 19,
2010.
14.

Attached hereto as Exhibit M is a true and correct copy of excerpts

from the deposition of Christopher Stamos, dated January 4, 2012.
15.

Attached hereto as Exhibit N is a true and correct copy of excerpts

from the deposition of Basil Stamos, dated January 3, 2012.

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16.

Attached hereto as Exhibit O is a true and correct copy of an article

entitled Wilpon Defends Honor, Will Not Make Deal That Sullies Reputation, N.Y.
Daily News, dated May 22, 2011.
17.

Attached hereto as Exhibit P is a true and correct copy of excerpts

from the deposition of Bruce G. Dubinsky, dated January 11, 2012.
Dated: New York, New York
March 5, 2012
s/ Dana M. Seshens
Dana M. Seshens

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