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

Filing 84

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, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7-1, # 8 Exhibit 7-2, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(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
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 motion to exclude the
expert report and related testimony of John Maine 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 John Maine, including Exhibits A and B thereto, dated November 22, 2011.
3.

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

Report of John Maine, dated December 13, 2011.
4.

Attached hereto as Exhibit 3 is a true and correct copy of the transcript of

the Deposition of John D. Maine, dated January 5, 2012, in the above-captioned matter.
5.

Attached hereto as Exhibit 4 is a true and correct copy of Defendants’

Answer and Defenses to the Trustee’s Amended Complaint, dated October 11, 2011.
6.

Attached hereto as Exhibit 5 is a true and correct copy of excerpts from

the Bankruptcy Rule 2004 Examination Transcripts of Arthur Friedman, dated June 22,
2010 and June 23, 2010.
7.

Attached hereto as Exhibit 6 is a true and correct copy of excerpts from

the Bankruptcy Rule 2004 Examination Transcript of David Katz, dated September 1,
2010.
8.

Attached hereto as Exhibit 7 is a true and correct copy of Trustee Exhibit

257 marked at the deposition of John D. Maine, dated January 5, 2012.

9.

Attached hereto as Exhibit 8 is a true and correct copy of Trustee Exhibit

258 marked at the deposition of John D. Maine, dated January 5, 2012.
10.

Attached hereto as Exhibit 9 is a true and correct copy of Trustee Exhibit

11.

Attached hereto as Exhibit 10 is a true and correct copy of Trustee Exhibit

187.

110.

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

Dated: January 26, 2012
New York, New York
/s/ David J. Sheehan
David J. Sheehan