Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:04-cv-01551-JJF Document 371-3 Filed 10/O4/2007 Page1 0f2
EXHIBIT 2

Case 1 :04-cv-01551-JJF Document 371 -3 Filed 10/O4/2007 Page 2 of 2
Exhibit 2
Trustee’s Statement of Issues of Fact that Remain to be Litigated
Plaintiff the Trustee expects to present the below issues of fact at trial. Many of
the issues presented are mixed issues of law and fact, and are therefore included in the
Statement of Issues of Law to be Litigatd as well. The Trustee may also rely on the
Statement of Issues of Fact submitted by Royal and Wells.
Issues Presented:
1. Whether Gagné and the Family Defendants were insiders of SFC.
2. Whether SFC was operated as a fraudulent endeavor akin to a Ponzi scheme.
3. Whether Gagné’s conduct assisted Yao and SFC in that endeavor.
4. Whether the Family Defendants’ financial dealings with Yao and SFC were a part
of that endeavor.
5. Whether certain payments to the Family Defendants are voidable as preferences.
6. Whether SFC was insolvent at the time certain transfers were made to the Family
Defendants.
7. Whether certain payments to the Family Defendants were naudulent conveyances
under Banlcruptcy Law.
8. Whether certain payments to the Family Defendants were fraudulent cenveyances _
under the applicable Pennsylvania statute.
9. Whether the Trustee is entitled to prejudgment interest on any damages awarded
against the Family Defendants.