Free Designated Record on Appeal - District Court of Delaware - Delaware

Case 1:07-cv-00163-GMS

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) Case No. 02-13283 (PJW) ) Gruppo Antico, Inc., ) f/k/a Trend Holdings, Inc. et al., ) Debtors. ) ) _____________________________________ ) ) ) Broadway Advisors, LLC in its representative ) capacity as liquidating trustee of The Gruppo ) Antico Liquidating Trust, ) Adv. Pro. No. 03-58480-KJC ) ) Plaintiff, ) ) ) vs. ) HiPro Electronics, Inc. and HiPro Electronics ) Co., Ltd., ) ) Defendants. _____________________________________ APPELLANT'S DESIGNATION OF RECORD AND STATEMENT OF ISSUES ON APPEAL Appellant HiPro Electronics Co., Ltd., by and through its undersigned counsel, designates the record on appeal to include the following: 1. The Court's Docket Report for In re Gruppo Antico, Inc. f/k/a Trend Holdings, IN RE:

Inc., et al., Case No. 02-13283. 2. The Court's Docket Report for Broadway Advisors, LLC v. HiPro Electronics,

Inc., et al., Adv. No. 03-58480. 3. The Complaint by Gruppo Antico, Inc., f/k/a Trend Holdings, Inc. against Hipro

Electronics Inc. (Docket #1) 4. Original Answer of Hipro Electronics, Inc. (Docket #3)

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5. 6. 7.

The Affidavit of Service. (Docket #10) The Initial Disclosures Filed by Hipro Electronics, Inc. (Docket #11) The Notice of Service of Plaintiff's Initial Disclosures Filed by Gruppo Antico,

Inc., f/k/a/ Trend Holdings, Inc. (Docket #12) 8. The Stipulation between Gruppo Antico, Inc., f/k/a Trend Holdings, Inc. and

Defendant, Hipro Electronics, Inc. (Docket #18) 9. The First Amended Complaint for Avoidance and Recovery of Preferential

Transfers. (Docket #19) 10. 11. First Amended Answer of Hipro Electronics, Inc. (Docket #24) The Motion for Leave to File a Second Amended Complaint and for Order to

Modify the Scheduling Order filed by Broadway Advisors, LLC in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #25) 12. Defendant's Objection to Plaintiff's Motion for Leave to File a Second Amended

Complaint and for Order to Modify the Scheduling Order. (Docket #26) 13. Plaintiff's Reply to Defendant's Objection to Plaintiff's Motion for Leave to File

a Second Amended Complaint and for Order to Modify the Scheduling Order. (Docket #27) 14. Vacated (See Doc#48) Order (REVISIONS BY THE COURT) Granting Motion

for Leave to File a Second Amended Complaint and for Order to Modify the Scheduling Order. (Docket #34) 15. Second Amended Answer of Defendant Hipro Electronics, Inc. to Plaintiff's

Second Amended Complaint. (Docket #35) 16. The Motion of Hipro Electronics Co., Ltd. to Dismiss the Second Amended

Complaint Pursuant to Rule 12(b)(2), (4) and (5) of the Federal Rules of Civil Procedure as made

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Applicable to this action by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure (Docket #36) 17. The Second Amended Complaint for Avoidance and Recovery of Preferential

Transfers. (Docket #37) 18. The Affidavit/Declaration of Service Regarding (1) Second Amended Complaint

for Avoidance and Recovery of Preferential Transfers; and (2) Summons and Notice of Pretrial Conference Filed by Broadway Advisors, LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #39) 19. Plaintiff's Motion for Issuance of Letter of Request for International Judicial

Assistance for Service of Summons in a Foreign County filed by Gruppo Antico, Inc., f/k/a Trend Holdings, Inc. (Docket #42) 20. Plaintiff's Opposition to Motion of Hipro Electronics Co., Ltd. to Dismiss the

Second Amended Complaint pursuant to Rule 12 (b)(2), (4), and (5) of the Federal Rules of Civil Procedure as Made Applicable to this Action by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure (Docket #43) 21. Plaintiff's Request for Judicial Notice in Support of Opposition to Motion of

Hipro Electronics Co., Ltd. to Dismiss the Second Amended Complaint Pursuant to Rule 12(b)(2), (4) and (5) of the Federal Rules of Civil Procedure as Made Applicable to this Action by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure (Docket #44) 22. The Reply of Hipro Electronics Co., Ltd. to Plaintiff's Opposition to Motion to

Dismiss the Second Amended Complaint pursuant to Rule 12(b)(2), (4) and (5) of the Federal Rules of Civil Procedures as Made Applicable to this Action by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure Filed by Hipro Electronics Co., Ltd. (Docket #45)

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23.

The Order granting Plaintiff's Motion for Issuance of Letter of Request for

International Judicial Assistance for Service of Summons in a Foreign Country. (Docket #49) 24. The Request for International Judicial Assistance, Approved by the Court on

4/8/2005. (Docket #51) 25. 26. (Docket #54) 27. Answer of Defendant Hipro Electronics Co., Ltd. to Second Amended Complaint The Status Report A. (Docket #52) The Order Denying Motion of Hipro Electronics Co., Ltd., to Dismiss Complaint.

to Avoid and Recover Preferential Transfers filed by Hipro Electronics Co., Ltd. (Docket #56) 28. The Notice of Service of Plaintiff's Second Set of Initial Disclosures Filed by

Broadway Advisors, LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #58) 29. Motion of Hipro Electronics, Inc. for Judgment on the Pleadings Filed by Hipro

Electronics, Inc. (Docket #85) 30. The Pretrial Statement/Joint Pretrial Memorandum Filed by Broadway Advisors,

LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #93) 31. Motion of Hipro Electronics, Inc. for Judgment on the Pleadings Filed by Hipro

Electronics, Inc. (Docket #95) 32. The Response to Amended Motion of Hipro Electronics, Inc. for Judgment on the

Pleadings Filed by Broadway Advisors, LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #96) 33. The Declaration in Support of Answering Brief of Plaintiff to Amended Motion of

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Hipro Electronics, Inc. for Judgment on the Pleadings Filed by Broadway Advisors, LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #97) 34. The Reply Brief of Defendant Hipro Electronics, Inc. In Support of Defendant's

Motion for Judgment on the Pleadings Filed by Hipro Electronics, Inc. (Docket #106) 35. The Transcript of Motion Hearing Before Honorable Kevin J. Carey, Held on

January 17, 2007. (Docket #111) 36. ***ENTERED IN ERROR*** Transcript of Hearing held on January 17, 2007

before the Honorable Kevin J. Carey. (Docket #112) 37. The Brief on Defendant Hipro Electronics Co., Ltd.'s Statute of Limitations

Defense Filed by Broadway Advisors, LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #113) 38. The Declaration in Support of Plaintiff's Brief on Defendant Hipro Electronics,

Co., Ltd.'s Statute of Limitation Defense Filed by Broadway Advisors, LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #114) 39. The Brief in Support of Limitations Asserted by Hipro Electronics Co., Ltd. Filed

by Hipro Electronics Co., Ltd. (Docket #116) 40. The Brief of Plaintiff for February 8, 2007 Trial Filed by Broadway Advisors,

LLC, in its representative capacity as the liquidating trustee of the Gruppo Antico Liquidating Trust. (Docket #119) 41. Defendant Hipro Electronics Co., Ltd's Trial Brief Filed by Hipro Electronics

Co., Ltd. (Docket #120) 42. Defendant HiPro Electronics Co., Ltd's Supplement to Joint Pretrial

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Memorandum Filed by Hipro Electronics Co., Ltd. (Docket #121) 43. 44. 45. (Docket #127) 46. #128) 47. (Docket #132) 48. (Docket #133) STATEMENT OF ISSUES ON APPEAL Appellant HiPro Electronics Co., Ltd. ("Appellant"), by and through its undersigned counsel, designates the issues on appeal as follows: 1. Whether the court erred in determining that the filing of Plaintiff's Second Transcript of Trial held on February 9, 2007 before the Honorable Kevin J. Carey. Transcript of Trial held on February 8, 2007 before the Honorable Kevin J. Carey. The Notice of Appeal #(BAP 07-8) Filed by Hipro Electronics Co., Ltd. (Docket The Memorandum Regarding Motion for Judgment on Pleadings. (Docket #122) The Order Granting Hipro-USA's Motion for Summary Judgment. (Docket #123) The Order Approving Judgment in Favor of Plaintiff, Broadway Advisors, LLC.

Amended Complaint for Avoidance and Recovery of Preferential Transfers related back to a time prior to the expiration of the applicable Statute of Limitations. 2. Whether the court erred in determining that the transfers at issue were not made in

the ordinary course of business or financial affairs of the debtor and the transferee. 3. Whether the court erred in determining that the transfers at issue were not made

according to ordinary business terms.

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Dated: March 5, 2007 Wilmington, Delaware /s/ James C. Carignan PEPPER HAMILTON LLP David M. Fournier (No. 2812) James C. Carignan (No. 4230) 1313 N. Market Street, Suite 5100 P.O. Box 1709 Wilmington, DE 19899-1709 (302) 777-6500 - and BUCKLEY KING LPA Harry W. Greenfield, Esq. 1400 Fifth Third Center 600 Superior Avenue, East Cleveland, OH 44114-2652 (216) 363-1400 (216) 579-1020 (facsimile) - and OSWALD & YAP, P.C. Michael A. Oswald, Esq. 16148 Sand Canyon Avenue Irvine, CA 92618 (949) 788-8900 ATTORNEYS FOR APPELLANT

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