Free Affidavit - District Court of Delaware - Delaware

Case 1:05-cv-00499-JJF Document 310-2 Filed O1/14/2008 Page1 of 4
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Case 1 :05-cv-00499-JJF Document 310-2 Filed O1/14/2008 Page 2 of 4
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ommeeo STATES ozsemzce come? Q
ozeeezce oe DELAWARE g
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MAGTEN Agee? MAxAeee$Ne coaeoeewzom eee E
;Aw meezeweee weve? cempemy op eee yoex, i
Qleimtiffe, é
Nomeewesweem coRpoRAezoN, Q
Defendant. E
Civil Action No. C.A. No- 04—;&9é (JJF) E
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MAeeEN ASSET mAmAoEMeNe coee., g
U Pleimtitf, E
··VS· i
MICHAEL J. ugmsom and meme; J. xzmoe, g ,
Defendants. _§
Civil Action No. C.S. No. 05-499 (JSF) é
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DATQ: November 23, 2007 E E
TIME: 9:00 e.m. g é
Deposition of PAUL A. MARCUS, heid at § E
the offices o£ Curtis, Mellet~?revoet, Coit & g g
Mosle, 303 Qexk Avenue, Kew York, New York, g Q
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Case 1 :05-cv-00499-JJF Document 310-2 Filed 01/14/2008 Page 3 of 4
Page 2 g
3 — mor A. mecoe —
2 pereuent to Notice, before Hope Meneker, e E
3 Shorihemd Reporter end Notary Public of the State g
4 of New York. g
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Elise Dreier Reporting Corp. (222) 557w5§58 E
730 Third evenue, New York, New York 10017 §
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Case1:O5—cv-00499-JJF D0cument310—2 Filed O1/14/2008 Page40f4
Page 94
2 ~ PAUL A. MARCGS — E
2 time period up to the bankruptcy. To look at the i
2 events that occurred and knowing that the company é
4 couldn‘t make it and needed to declare bankruptcy g
2 is something that is an indication also of what g
6 would have happened earlier had all of the i
2 information been known. i
2 Q. Well, do you have an opinion as you sit E
2 here today as to when the company would have had to E
_w declare bankruptcy, given the assumptions that i
12 you've made? i
H A. Not specifically, no. i
U Q. Okay. I take it you don‘t have an i
M opinion as to when the company would have had to E ,
w declare bankruptcy, given the assumptions you made, é v
w but also given an assumption the company would have i
.“ employed the same turnaround program in early *02 i
N that it actually implemented in early *03, correct? i i
22 MR. KAPLAN: Objection to form. i E
22 A. I have not come up with an opinion as to g
22 when the company would have declared bankruptcy. i g
22 Q. My question then, sir, is, why is the § i
B filing of the bankruptcy and timing of it relevant i i
M in any way relevant to your opinion that the asset i g
w transfer would have been impeded by the attempts of g %
Elisa Dreier Reporting Corp. (212) 557~5558 g
780 Third Avenue, New York, New York l0Ol7 E
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