Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-01380-GIVIS Document 41 Filed 03/15/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
)
In re: ) Case N0. 00-1982 (GMS)
)
GST TELECOM INC., g g, ) J0intly Administered
)
Debtors. )
)

)
GST TELECOM INC., g Q., )
) Adv. Pr0. N0. 04-55890 (GMS)
Counterplaintiffs, )
) Civil Action N0.: 04-CV-1380
v. )
)
JOHN WARTA, )
)
Counterdefendant. )
AFFIDAVIT OF DANIEL L. KEPPLER IN SUPPORT OF JOHN WARTA’S
MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING COUNTS I-IV
OF GST’S AMENDED COUNTERCLAIM
STATE OF OREGON )
) ss.
County of Multnomah )
I, Daniel L. Keppler, being first duly sworn, depose and say as follows:
1. I am one of the attorneys representing cotmterdefendant John Warta in the
above-captioned matter. I make this affidavit in support of John Warta’s Motion for
Partial Summary Judgment Regarding Counts I-IV of GST’s Amended Counterclaim.
2. Attached and marked as exhibit A is a copy of excerpts from the transcript
from the conference held by the court in this case on October 7, 2004.

Case 1 :04-cv—01380-GIVIS Document 41 Filed 03/15/2005 Page 2 of 3
3. Attached and marked as exhibit B are copies of excerpts from the
transcript of the deposition of John Warta taken in this case.
4. Attached and marked is a copy of exhibit 5 to the deposition of John
Warta taken in this case, which contains excerpts of the minutes of the meeting of the
finance committee of GST Telecommunications, Inc., dated August 1, 1996.
5. Attached and marked is a copy of exhibit 7 to the deposition of John
Warta taken in this case, which contains excerpts of the minutes of a special meeting of
the board of directors of GST Telecommunications, Inc., dated September 16 -17, 1996.
6. Attached and marked as exhibit C is a copy containing excerpts of the
minutes of a special meeting of the board of directors of GST Telecommunications, Inc.,
dated January 14, 15, 16, 1997.
7. Attached and marked as exhibit D is a copy of excerpts of the Answer,
Affirmative Defenses, Cross-Claims, and Third Party Claims of Defendant GST
Telecommunications, Inc. and GST Telecom, Inc. in the case of Corey K Ford v. GST
Telecommunications, Inc. et ol., State of Oregon, County of Multnomah, Circuit Court
Case No. 9902-01746.
8. Attached and marked as exhibit E is a copy of excerpts of the Defendants’
Answer, Affirmative Defenses and Counterclaims in the case of John Worm v. GST USA,
Inc. et al., State of Washington, County of King, Superior Court Case No. 99-2-02287-4
SEA.
9. Attached and marked as exhibit F is a copy of excerpts of a Reseller
Agreement, dated October 30, 1996, between Magnacom Wireless, L.L.C. and GST
Telecom, Inc.
2

Case 1 :04-cv-01380-GIVIS Document 41 Filed 03/15/2005 Page 3 of 3
10. Attached and marked as exhibit G is a copy of the Declaration of Thomas
D. Adams in Support of GST Defendants’ Motion for Reinstatement in the case of./ohn
Warm v. GST USA, Inc. et al., State of Washington, County of`King, Superior Court Case
No. 99-2-02287-4 SEA.
l 1. Attached and marked as exhibit H is a copy ofthe Order Granting GST
Defendants’ Motion for Reinstatement of Action in the case of John Warta v. GST USA,
Inc. et al., State of Washington, County of King, Superior Court Case No. 99-2-02287-4
SEA.
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DANIEL L. KEPPL
. Ti.
SUBSCRIBED AND SWORN to before me this day of March, 2005.
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