Free Affidavit - District Court of Connecticut - Connecticut

Case 3:01-cv-02143-SRU

Document 57

Filed 03/08/2004

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ____________________________________________ : DOCKET NO. DAVID A. BECKERMAN, : Plaintiff, : 3:01 CV 2143 (SRU) v. : : M. HIDARY & CO., INC., : Defendant. : _________________________________________ _ : MARCH 5, 2004

SUPPLEMENTAL AFFIDAVIT OF GARY LETENDRE I, Gary Letendre, being first duly sworn, hereby depose and state: 1. 2. I am over the age of 18 and believe in the obligation of an oath. I submit this supplemental affidavit in support of Plaintiff's Opposition to

Defendant's Motion for Summary Judgment and Plaintiff's Cross Motion for Summary Judgment. 3. 4. I have personal knowledge of the facts contained herein. A true and accurate copy of the Non-Exclusive License Agreement is

attached hereto as Exhibit A. This Agreement was attached to the Asset Purchase Agreement filed with and approved by the United States Bankruptcy Court. An unsigned copy of this document was annexed to my original affidavit as Exhibit E. Plaintiff recently obtained a fully executed copy of the Non-Exclusive License Agreement and, therefore, is submitting this supplemental affidavit.

Case 3:01-cv-02143-SRU

Document 57

Filed 03/08/2004

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5.

The Non-Exclusive License Agreement allowed Starter to continue to

collect royalties on the existing license agreements, including the agreement with Hidary, for a period of two years following the sale of Starter's assets to New Starter.

__________________________________ Gary Letendre

SUBSCRIBED AND SWORN TO BEFORE ME THIS 5th DAY OF March, 2004.

__________________________________ Brian C. Fournier Commissioner of the Superior Court

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Case 3:01-cv-02143-SRU

Document 57

Filed 03/08/2004

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CERTIFICATE OF SERVICE This is to certify that on March 5, 2004, a true and correct copy of the foregoing was mailed, first class mail, postage prepaid, to: Evan S. Weintraub, Esq. Wachtel & Masyr, LLP 110 East 59th Street New York, NY 10022 Edward Labaton, Esq. Goodkind Labaton Rudoff & Sucharow LLP 100 Park Avenue New York, NY 10017 Elizabeth A. DiRusso Wallman & Dirusso, LLC Official Starter, LLC 750 Summer Street Stamford, CT 06901

_____________________________________ Brian C. Fournier

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