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

Filing 160

DECLARATION of David J. Sheehan in Support re: 158 FOURTH MOTION in Limine To Exclude All Evidence and Arguments Relating to the BLMIS-Merrill Lynch Technology Partnership.. 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 IN SUPPORT OF MOTION IN LIMINE NO. 4 TO EXCLUDE ALL
EVIDENCE AND ARGUMENTS RELATING TO THE BLMIS-MERRILL LYNCH
TECHNOLOGY PARTNERSHIP

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. (“Trustee”), the 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 Support of the Motion in Limine
No. 4 to Exclude All Evidence and Arguments Relating to Technology Venture pursuant to
Federal Rules of Evidence 401, 402, 403. I am personally familiar with the facts set forth herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the

deposition testimony of Kevin Dunleavy, dated December 21, 2011.
3.

Attached hereto as Exhibit 2 is a true and correct copy of a New York Times

article entitled “3 Firms Plan to Develop New System For Trading,” dated June 8, 1999.
4.

Attached hereto as Exhibit 3 is a true and correct copy of a PR Newswire article

entitled “NASDAQ and Primex Announce End of Exclusive Rights Agreement,” dated
December 31, 2003.
5.

Attached hereto as Exhibit 4 is a true and correct copy of an article entitled

“Primex Presents NYSE Challenge The Kinks Aside, Nasdaq Has New Weapon, Traders,” dated
March 1, 2002.

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

Dated: March 5, 2012
New York, New York

s/ David J. Sheehan
David J. Sheehan