Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv-01565-SLR

Document 126-10

Filed 04/17/2007

Page 1 of 30

264

CERTIFICATE
STATE

OFNEWYORX
ss.

COWTY

OF NEW

YORK

OTIS

DAVIS

Notary

Public

within
do
10

and for the certify

State

of New

York

hereby
That

STEPH

FEINBERG
is

the

witness whose
12

deposition
set

hereinbefore by me and
true the

forth

was

duly

sworn

13

that

such the

deposition is
testimony

14
15

record of

given

by

witness
further

16

certify that
of the parties

am

not
this that

17

related action

to

any

to
a..d

1.8

by blood

or marriage in

19
20

sm in no way interested outcome
IN set of this

th

matter
have

21
22

WITNESS WHEREOF
this 16th

hereunto

my hand

day of February 2007

OTIS

DAVIS

A1261

Case 1:04-cv-01565-SLR

Document 126-10
Weinstein

Filed 04/17/2007
Will

Page 2 of 30
3/2/2007

IN

THE FOR

UNITED THE

STATES

DISTRICT OF DELAWARE

CQURT

DISTRICT

Certified
ARLIN ADAMS Chapter 11 of the Trustee Post-Confirmation Bankruptcy Estates of CORAN HEALTHCARE Delaware CORPORATION Corporation and of CORAM Delaware Corporation

Copy

INC

Plaintiff

vs
DANIEL

Case

No

04-1565

CROWLEY
WILLIAM AND SMITH

DONALD

AMARAL
PETER

CASEY
SANDRA

SMOLEY

_______________/

Defendants

DEPOSITION

OF WILL March

WEINSTEIN 2007

Friday

CHASE ASSOCIATES REPORTING FOR World Service LiveNote Suite 1250 221 Main Street San Francisco California 94105 Phone 415 321-2311 Fax 415 321-2301 Reported by APRIL DAWN HEVEROH CSR No 8759

SHEILA

CSR

LiveNote

World Service

800.548.3668

Ext Page

A1262

Case 1:04-cv-01565-SLR

Document 126-10
Weinstein

Filed 04/17/2007
Will

Page 3 of 30
3/212007

Who

is

Sam

Zell

Hes
Is

man
friend

he

Yes
And how
long 40

have

you

known

him

Roughly

years
other depositions
the ski that
is

Ive
that

read some
Zell what

indicate

you met

Mr

on
he

slopes

that

right

Thats
10 11
12 13

says

dont remember
since the

All right early

And
is

youve known him
about

70s

roughly

that

right

Yes
Is

he

good

friend

14 15 16 17
18

Yes
And
is he

close

business

associate

of

yours

Yes
What currently have
He is

kind with

of

business

relationship

do

you

Mr Zell

19 20 21 22 23 24 25 invested

client
essentially his

Are you
One of

broker

them
And how much money
does

Okay
with

Mr

Zell

have

you
You can answer
if

MR LEVY
Will

you want

to

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Ext Page 29

A1263

Case 1:04-cv-01565-SLR

Document 126-10
Weinstein

Filed 04/17/2007
Will

Page 4 of 30
3/212007

THE

WITNESS
.GARNETT

dont know
Is

MR
dollars

it

more than

million

Yes
Is

it

more than

$5

million

Yes
Is

it

more than

$10

million

Yes
Is

it more

than

$20

million

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
if Jackson the

Yes
Is

it more

than

$50

million

dont
Did with
of

know
Zell have

Mr

money

invested with

with

you

or

any firm you were
1999 to

affiliated

during

the

period

time

2000
think And

Yes1

so
that at

Okay
Partners

was

Jackson

Square

Probably

yes
was was

Wait

it was

Jackson

Square
at

Partners
that

--

Square would

Partners
be

in business

time

answer

yes
And been
if it

Fair enough

wasnt Jackson Securities

Square

Partners would

it

have

Conifer

No

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World Service

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Ext Page
30

A1264

Case 1:04-cv-01565-SLR

Document 126-10
Weinstein

Filed 04/17/2007
Will

Page 5 of 30
3/2/2007

THE

WITNESS

Oh yeah yeah
Who
is

MR GARNETT
Lurie

the

Ann

and

Robert

Foundation

Its
And have invested
are

foundation they
in
-is

in

Chicago
an

that

entity

that

you

with

the

past dont
the

MR LEVY
THE

You mean co-invested

you

WITNESS

dont

understand

question

MR LEVY
10 11 12
13

dont

either
--

MR GARNETT
done business with
the

Whats your
Lurie Foundation

have
the

you ever

in

past

Yes
In

what

capacity
some of

14 15 16 17 18 19 20 21 22 23 24 25 stock
of

Advising And

their investments through Jackson Square

did they

invest

Partners
think certain not
that

so

dont remember
in Jackson

Im
Square

almost

they did invest

Partners

through

them

Yes Okay
And when
if

did they
you

first

purchase

shares

of

Coram

know

dont
Did you

know
handle
the

purchase

of

that

stock

for

UveNote

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Ext Page 72

A1265

Case 1:04-cv-01565-SLR

Document 126-10
Weinstein

Filed 04/17/2007
Will

Page 6 of 30
3/2/2007

Have Robert

you

known

her since

before

the

death

of

Lurie Yes
Were they friends of

yours

Yes
And Lurie how long prior to
his

death

was

Robert

friend of

yours

lOish years
How 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and
He

did you
was

first

meet

him
and met

Sams old partner
context
have
or

him

believe

in

that

socially

around

hat
social

And relationship

did you with

both

business and

him

Yes
And do
social

you

continue

to

have

both

business

relationship

with Ann

Lurie

Ido
Who
is

Mark

Slezak

MR LEVY
question
THE

Im

sorry

You asked

that

WITNESS
the

You

did ask

that

question

but

Ill give you

same

answer
manager of
the

Hes
Foundation

the

financial
kn.ow if

Lurie

dont

thats
How
long

his

title
you known

MR GARNETT

have

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Ext Page
80

A1266

Case 1:04-cv-01565-SLR

Document 126-10
Weinstein

Filed 04/17/2007
Will

Page 7 of 30
3/2/2007

Well
company had any was
in

as

stated

earlier

dont think
think
the

the

bankruptcy
to

dont

company
that

reason other and
to

be

put

in

bankruptcy
et

thought

and

the

4000
that it

shareholders

cetera

had been
in the
is

maltreated

wasnt okay and wouldnt
that the

end

be

okay
for

simply declare reasons
felt

company any
an

bankrupt
the

your own
So

and
that

without
it was the

regard to

shareholders and

interesting
was

opportunity 10 11
12 13

also or

thought something

that

stock and

selling at measure what

cents
the

like that most of

could

risk

was

unlike

my

investments
At the

beginning

of

this

time you did begin stock
of

14 15 16 17 18 19 20 21 22 23 24 25

period
for

where

you purchased and

substantial
in your

Coram

both

yourself

others

group at

that

point

right

MR LEVY
substantial

Let

me

object

to

the

form

the

word

MR GARNETT
and
it may save us some

Well
time
at

let

me ask
if

you

this

and

tell me

its
l3D in and the

accurate
filings and between end
the of 13D the

have
the

looked

records
would

subsequent
that

like

that

indicate
the

time of
of

the

filing of that you

bankruptcy others
that

December

2000

and

listed in

letters purchased

Coram

stock

raised the

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Ext Page
118

A1267

Case 1:04-cv-01565-SLR

Document 126-10
Weinstein

Filed 04/17/2007
Will

Page 8 of 30
31212007

-percentage
25

of to

stock

that

you

controlled

from about

percent

almost 40
that

percent
right to to

Does

sound

you
object
say

MR LEVY
have
some

Im
show

going

and
of

say if you

records
--

to

him that

end

December

MR GAPNETT
records
Tell me

Ill

be

happy

to

go

through

the

generally does

that

sound

right to

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

you
It to be

doesnt sound you
just

right

or

wrong

Idont

mean

disputing
Do

dont know
to

you

remember beginning after the bankruptcy

purchase
was

large

amounts

of

stock

filed

remember purchasing

stock

Okay dont know what
And records
in

large amounts
those
--

means
at the

did you make little

well look

while
those
for

Did you purchase
of the

yourself

and

others

individuals we
13D

went

through earlier who

hadbeen

listed in the

letter

Probably

Okay
to the

Now

as

understand

it you objected
that was filed
on

initial plan of

reorganization

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Ext PageII9

A1268

Case 1:04-cv-01565-SLR

Document 126-10

Filed 04/17/2007

Page 9 of 30

WsInsteIn

Will

3/2/2007

.RPO1TR$ CRIIFICATE

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of the

rtify
iroy

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to the

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orthand

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me

Cr.ifie-

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by

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trtncribd
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irto

tyewribng

10 11 12 13

1RT1-2P

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that

am

riot

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in

th
ior

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arty

aid
the

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with
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e1ated

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rpect.iv COUriQ1
PR.IL

Dated
15 16 17 18 10 20 21 22 23 24 25

DMJN IThVROH CSR NO 87S9

I- -L
CSR

LIYQNOLQ

WoId $Qrva

O0.S48.366

Ext 187

A1269

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 10 of 30
3/1412007

IN

THE FOR

UNITED COURT STATES DISTRICT THE DISTRICT OF DELAWARE

ARLIN ADAMS Chapter 11 Trustee of the Post-Confirmation Estates of CORAM Bankruptcy HEALTHCARE CORPORATION Delaware Corporation and of CORAM Delaware INC

Certified

Copy

Corporation Plaintiff

vs
DANIEL

No
CROWLEY
DONALD WILLIAM PETER SMITH and

04-1565

AMARAL CASEY
SANDRA

SMOLEY Defendants

The videotaped

deposition Defendant
to the

of

DONALD

LIEBENTRITT
for

called

by

Daniel Federal

Crowley
Rules
of

examination pursuant
Procedure
to of the the

Civil

United
of

States

District taken Public

Courts before
in

pertaining Stephanie for the South
on

taking

depositions and Notary
of

Battaglia
of

CSR and

and
at 11

County

DuPage

State

Illinois

LaSalle

Street 2007

Suite

1200

Chicago

Illinois

March

14

924

a.m

LiveNote

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800.548.3668

Ext Page

Al 270

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 11 of 30
3/14/2007

understanding
what we we

and

it

is
.when

matter
we

of

public
and

record how both many

purchased
that we

and

purchased

paid

purchased

Coram

securities

before

and

after the

filing of
to we

the

bankruptcy
take look at

am going

have
are

you
up

Exhibit

No

believe Document

to
Exhibit
for

marked

Deposition

identification
BY

MR LYNCH
If

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Marian
BY an an on e-mail

you

can

take

look

at

this

this

is

from Marian October Have you

Flynn to

you

Don

Liebentritt

Thursday

12

2000

Subject

Coram

seen this

before
What you handed clipped
it

MR
least
was

TOMASHEFSKY documents
We

me

at

several

paper
are

together
as
single

MR LYNCH
exhibit

marking

MR
e-mail
It

TOMASHEFSKY
to

You

characterized several

it

as

seems

me there are

e-mails

here

MR LYNCH MR LYNCH
The
first

Fair enough

page

is

an

e-mail

from to that

Flynn dated

October

12

2000

Attached

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Ext Page
101

A1271

Case 1:04-cv-01565-SLR

Document 126-10
Llebentritt

Filed 04/17/2007
Donald

Page 12 of 30
3/14/2007

is

transaction Have

summary
you seen this

before
it was

think
me and

so
am

mean
sure
--

aIdresed seen

tp

produced

it
that
has

have
on the

it
it

And on
says

first

first page and you
the

The
tab

first has

tab

activity

8/8/2000 And
if

second
the of

purchased

after
lists

look

at

following

page

it

trade dates per share column Samstock

quantities among other

shares
and

trade amounts
the last

price
on

10 11
12

things

date

that

is

3/30/2000
of

Does Coram

this

represent

purchases

stock
believe

13 14 15 16 17 18 19 20 21 22 23 24
first the of shares of what it

so

That

is

my understanding

is yes
And
on
it

that

first

page

at

the

end

of

the

quantity

column
Is

notes

450000

shares
of as the of

that

your understanding
in Coram

number

Samstock

held

stock

August

2000
Based
on this

exhibit

believe

that

is

case
And entry
if

you

turn
of

to

the

next

page
trade

the

is August

9th

2000

for

date

do

you

see

that

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Ext Page 102

A1272

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 13 of 30
3/14/2007

Yes
And
it

says

quantity

450000

per

share

it

says
Is it

your understanding purchased

that

on of

August
stock

9th at

Samstock per

450000

shares

Coram

share
is

That

what

would

understand

from

this

exhibit
And 10 11
12 13 14 So
if

you

look at

down
the

there are bottom
or

three

purchases

that

are

offset

October

from Conifer on-line info
Is

that

Conifer Securities

believe
is it

so yes
your understanding August purchased from and

15 16
17 18

reviewing October
shares

this

that 2000

between Samstock

2000

4th of
of

2178000

Coram

stock

No
What
In
is

19 20 21 22 23 24

your understanding

what

regard

of

what

What
It

this

represents series
the of

represents
on

purchases
and

of the

securities by Samstock amounts indicated

dates

indicated

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Ext Page
103

A1273

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 14 of 30
3/14/2007

BY

MR LYNCH
The

e-mail

dated November

14th at it
Marian Flynn

DL00034
In to

Okay
is

am

looking
from

which
to

response

your request
on

her stating

Do

you have Her
cost

current

spreadsheet
has for

our Coram

position
but the

reply

There

been

no

new

purchases
has

information

October

purchases
If

been
to
it

added
next page
as
--

you
last

turn

the

turn
that

10 11
12 13 14

rather
October

to

the

page

looks

though
for

16

2000

purchase

has

been

added

322000

shares
Do

you

see

that

Yes.

15 16 17 18 19 20 21 22 23 24 shares
that

And purchase
was for

do

you notice

that

the

previous

54000

500
And
the

previous

for

16500 and

so

on

Yes
And
the total for that

column

is

2050000

shares

correct

Yes
And Coram does
that

represent
--

the

number

of

purchased

that

Samstock

purchased

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Ext Page
106

A1274

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 15 of 30
3/14/2007

of

Coram

stock

after August

9th

--

between

August 9th

and

October

16th
That
is

what

this at

indicates
the

And

if

you

look

price

per share
was cents

column

is

it

your understanding
shares
11

that

Samstock
from

purchasing per share

those to

at

prices

ranging

up

cents
is

per
it

share
looks

That
it

what

like

That

is

what-

looks

like
Do

10 11
12 13 14 15

you
of

know Coram

why Samstock stock after

bought
it

more than

million shares

filed for

bankruptcy
Because investment Why
was
it it

was

considered

to

be

good

considered

to

be

good

16 17
18

investment
Because
the

think

there was per share
to

belief that basis was acquire
in the

value

of the

the

equity on
we

19 20 21 22 23 24

excess of stock
on

amounts

were paying

per share And
as the was

basis
of

Mr Levys

letter of would

August

8th

indicating

that

bankruptcy
it your

plan

wipe out
at if this

existing equity
time

understanding made that

thatthese

purchases

were

Corams

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Ext Page
107

A1275

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 16 of 30
3/14/2007

bankruptcy would
get

plan

were and

confirmed equity value
that

--

equity
be

nothing

those

shares

would

worthless
That

would

be

my understanding

or

that

would

have

been How

my understanding did you anticipate making money
from

these

shares
That
the

plan as and
it

proposed by the would
of the be the

debtor

would 10 11
12 13 14

not

be

confirmed
the

eventually company
to be on

determined per share
to

that

equity value
in excess on fair of

basis was

cost

paid

acquire

securities
So is it

per share
to say

basis
the

that

investment
for

strategy bankruptcy

of

buying
was

Coram

stock on

after it tiled
that

15
16

dependent

defeating

bankruptcy

plan Yes
And any
shares are

17
18

you

aware

did Samstock

purchase

19 20 21 22 23 24

after October

16
we

2000 did
and

dont
that we still we

think

The
--

total

shares
if

own own
the for

is

2500000

dont know
that
is

you

can
up

say

shares final all

anymore

but

what

we

owned
this

until

confirmation activity

hearing
so

and

accounts

that

whatever

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108

A1276

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 17 of 30
3/14/2007

Yes

Or rather
process

steps

--

steps

in the

legal

Yes
And
what

did you have

in mind then

for

Mr

Levy

to

do

going

forward
Object
to the

MR
the

TOMASHEFSKY

form of

question
THE

dont understand
WITNESS
To

oppose

the

plan

that

we

10 11 12
13

thought BY

was

unfair

MR LYNCH
To

oppose

that

plan

in

court

is

that

what

you

mean Well yes
Whatever
the was the

14 15 16 17 18 19 20 21 22 23 24 reasonable BY
the

appropriate
not be

way

to

oppose

it

so

that

equity would

extinguished
So

whatever

means

necessary

to

oppose

this

plan

MR
question
it

TOMASHEFSKY
is

Object

to

the

form of

argumentative

THE

WITNESS

Yes

whatever

lawful

means

sure

MR LYNCH
So
is it

fair

to

say

that

the

equity

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Ext Page
123

A1277

Case 1:04-cv-01565-SLR

Document 126-10
Liebentritt

Filed 04/17/2007
Donald

Page 18 of 30
3/14/2007

committee

was

going

to

do

whatever

it

could

to

defeat

Corams bankruptcy

plan
TOMASHEFSKY Object
to the

MR
the

form of

question

again
THE

restating and

arguing
think my answer
to the to

WITNESS
the same

Yes
as

that

question

is

my answer

previous

question
BY

MR LYNCH
am

going

to

have

you

take

look

at

10 11
12 13

Exhibit

13
Document marked Deposition identification
Exhibit
13

for

BY

MR LYNCH
This
is

14 15 16 17 18 19 20 21 22 23 24 dated October volunteer Thank

an

October
can

25th

--

am sorry

you give

me

15

seconds

you

Mr Zell No
It is

for

an

organizational
to get

form they

are

going

White

House

tour
On

October

25
from from

2000
to

or this

is

letter Lowe of

25

2000
it is

Theodore Jealthcare
it

Altheimer Corporation

Gray
and

Coram and

its

attorneys

states

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A1278

Case 1:04-cv-01565-SLR

Document 126-10

Filed 04/17/2007

Page 19 of 30

316

ST1TE
COU1JTY

OF OF

ILLINOIS
DEJPAGE

SS
BATTAGLIA
County
of

STEPHIE
Public
in

CSR

and

Notary
of

and
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for

the

DuPage
on

and

State
of

Illinois 2007 1200
at

hereby

certify
at
11

that

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the

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Chicago

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deponent before
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DONALD

LIEBENTRITT

personarly fUrther

appeared that duly

me
DONALD testify
and

certify first

said
to

10

LIEBENTRITT
that given the by

was

by

sworn
of

11

foregoing
the

true

record

the

testimony

12

witness. certify that
the

13

further

deposition

was

14 15

terminated

at

446

pm
certify the outcome that parties am not counsel am
for

further nor related
to in

16
17

any
the

herein nor

interested
In

hereof
have hereunto
of

18

witness
of

whereof
this

set

my

19 20 21
22 L3

hand

and

seal

office

March

2007

kOULQ
Notary CSR Public
11ay

No

084003337

Expiration

Date

31

2007

____
Stephanie

24

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of 1IJiok 08/03/2019

A1279

Case 1:04-cv-01565-SLR

Document 126-10
Friedman

Filed 04/17/2007

Page 20 of 30
3/16/2007

David

IN

FOR

THE THE

ITED

STATES DISTRICT DISTRICT OF DELWARE

COURT

Certified

Copy

ARLIN ADAMS Chapter 11 Trustee of the Post-Confirmation Estates of Bankruptcy CORAM HEALTHCARE CORPORATION Delaware Corporation and of CORAN INC Delaware Corporation

Plaintiff

vs
DANIEL DONALD WILLIAM PETER SANDRA

No

04-1565

SLR

CROWLEY AMARAL CASEY and SMITH SMOLEY Defendants

VIDEOTAPED

DEPOSITION New

OF DAVID New York 2007

FRIEDMAN

York

Friday

March

16

Reported Jennifer

by
Ocampo-Guzman

RPR

CRR

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Al 280

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 21 of 30
311612007

FRIEDMAN

Its certainly
--

possibly
September

July August
time frame

October

of

2000

dont
possible
Do you along would 10 11
12 13
Is

recall

but

its certainly

recall

expressing an equity

view committee

the be

likelihood

that

appointed

dont

recall

no
that
--

it your

experience equity
are

in

situations holders
are

in which

the

equity
that

significantly likely
an

under

water

14 15 16 17 18 19 20 21 22 23 24 25

theres
be

less

equity

committee

would

appointed

Its
there
the
is

less

likelr but precision

there
to the

is

--

very

little
of

to

predictability within
the

this because
of the

its very

much

discretion

U.S

Trustee

Didnt
that

you
it

tell

the

Coram

board
that an

you

thought

would
be

be unlikely

equity

committee

would

appointed

dont Now
as

iemember
part
of
--

in

addition

to

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A1281

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 22 of 30
3116/2007

FRIEDMAN
the

plan you submitted
behalf
of

disclosure

statement on

Coram

is

that

right

Thats correct
want disclosure
to

talk was want

about

how

that
for few the

statement

prepared
to

minutes substance
just

and
the

dont

talk

about

contents how
it

of

the

statement

but

physically

was

done

10 11 12
13

Okay
So the

statement

was

prepared

under

your supervision
The

disclosure

statement

14 15 16 17 18 19 20 21 22 23 24 25
has

Yes Yes
And
was it
it --

tell

me

how

it

was

prepared

how

came
the

to

be
statement

think number
of

disclosure
to for

components responsible

it

dont what

recall who
but that

was

drafting

suspect were

that

we on

had
the
--

multiple

attorneys My how
we was

working
is

document

recollection
got

that

dont
The

know

from

--

Im

sorry

Chanin report

issued

when

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50

A1282

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 23 of 30
3/16/2007

FRIEDMAN which else

Mr

Marabito
--

or

Mr
to to

Danitz provide

or

anybody

didnt

refused response

you

information

in

request

No
At the disclosure opportunity needed 10 11 12 13 14 15 16 17 18 19 20 within
was the the for

time you had
the

filed you had

the an

statement
to

adequate you

gather

information

the We Who

disclosure
we

statement

thought decided

had

yes
be

what

would

put

into

disclosure

statement
lawyers
there

Probably probably various
office
but
to the

extent

that us We

decision
not
to

dont

recall

ever were

deciding
just

include

anything
that
it

gathering relevant

information throwing

we

thought
we got

was

and

all

in as

it Now
statement you
at the time
it

that
to be

you

filed

the

21
22 23 24 25

believed

accurate1

correct

Yes

MR SLAUGHTER
to

Now

would

like

talk

to

you

about

specific

portion

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53

A1283

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 24 of 30
3/16/2007

FRIEDMAN Did you
it

ever you

ask

Mr

Crowley

about

at

the

time that

filed the

disclosure

statement
believe with did have conversations

Mr

Crowley

about
the

this
time you filed
the

Prior to disclosure

statement

Yes
10

Okay
times did you

And

what

--

and

how

many

have with

that

conversation
Crowley recall

12 13 14 15 16 17 18 19 20 21 22 23 24 25

conversations

Mr

about this
the

really

dont

number

of

times
More than

once

dont
And those what

know
were with
the

substance

of

conversations think

Mr Crowley
volunteered with and that
to

Mr

Crowley

me

that

he

had
to

relationship other matters
of

Cerberus
he

with

respect

made

particular

point with

telling

me was

his

relationship divorced asked

Cerberus
at

completely And
that

from his role him to please

Coram
sure

think we had

make

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A1284

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 25 of 30
3/16/2007

FRIEDMAN accurate language
that

would

describe

that

relationship
Did with you ask
to see his

agreement

Cerberus

Iwasnt-MR NOVICK
foundation
was 10 11 12 13 14 15 16 17 18 19 firm had your firm agreement statement written understand never informed And
that

Object

to

the

form

there was

agreement
that

did not written agreement

there was

atthe time
Do you have recollection copy
of that

didnt have
prior to was
the

that disclosure

time the

filed
know whether
or not our

dont
copy
at of

it or

not
here

dont
today
at

recall
recall

least

sitting
of the

dont
the

20 21
22 23 24

being

aware

agreement

time
Did much
he

you

ever paid

ask

Mr

Crowley

how

was

being

by Cerberus

dont

know
Was
that

25

Im

sorry

dont

know

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A1285

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 26 of 30
3/16/2007

FRIEDMAN

or

no

dont dont
Did you

think

did

know
ever talk
to

Mr

Feinberg

about

his relationship about with

Cerberus
prior to
was the

relationship
time the

Mr

Crowley

disclosure

statement

filed

dont
conversation 10 11 12 13 14 15 16 17 18
any

recall

having

that

Did from Cerberus relationship
the

you

ever

speak

with

anybody

about with

Mr Crowleys
prior to
the

Cerberus

time

disclosure

statement recall

was

filed
such

dont
conversation Did written you

having

ever

ask
he

Mr

Crowley had

to

see

agreement
the

might have

with

Cerberus

prior to

time the

disclosure

19
20

statement was

filed
such an
to

didnt understand
agreement
see to

21
22 23 24

exist

and

didnt ask him

it
am

going since you

to

show

you

--

Im
but

not

going
am

mark
to

it

its
here

transcript
transcript

25

going

show

from

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58

A1286

Case 1:04-cv-01565-SLR

Document 126-10

Filed 04/17/2007

Page 27 of 30

Friedman

David

3/16/2007

FRIEDMAN
to

strike

that

answer

and

will

ask

it

again
You
was the

knew
fee

however

that

Mr

Crowley

receiving
time the

from Cerberus was

prior to
isnit that

bankruptcy

filed

correct
When you say
that he say

fee
was

the

answer paid

is

no
10 11 12 13 14 15 16 17 18 19 being

understood but when

being

for

services
know that

you

fee
fee was

did not

there was You knew

fixed that
he

involved
being paid by

Cerberus

for

services

Yes
You

thats correct
never asked him how much
he

was

paid
At the

time

dont

believe

did

Why

not
know
think probably

dont
should

20 21
22 23 24

have
Was
it

failing

on

your part

not

to

ask

that

question
in hindsight the it

Well was
get

certainly trying to and
we

mean at disclosure

time we

were
on

25

statement

file

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64

A1287

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 28 of 30
3/16/2007

FRIEDNAN on what should And
are be

done
are

next
those people
that

who

you

referring

to
we

think other lawyers
at the

consulted

with

--

with who

dont

remember

exactly

time but there were other lawyers
think
we

involved
with 10 11 12 13 14 15 16 17 18 19 20
of

definitely

discussed

it

creditorsi
just

committee remember
to to

counsel
there being and
to

both

discussion discussion

of of

how who

proceed
engage

then
the

accomplish

objectives

Okay
strike

You

said you

thought

--

that
So

what

happened

next
we

then
had number about
the

Well
discussions
with Chaim

understand remember Fortgang and who

talking

this

represented and
we was the its
--

creditors committee
concluded retain
an the

others
path

21
22 23 24

that

the

best

forward look
at

to

independent history and
of

firm to
the

plan

conflict and

and
the

disclosure remaining

nondisclosure
that

the the

25

aspects

were

relevant

to

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88

A1288

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 29 of 30
3116/2007

FRIEDMAN
case

and

to

have

somebody court and

independent hired
to

approved

by the
an

render with

essentially respect
to

independent had
as

report and

what

happened
to

make

recommendations And
to

how make

to

proceed
recommendation

did you they

Coram

that

take made upon

that
it or

Whether 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Crowley and
be
--

whether

endorsed

it based know
but
to

someone

elses view
it

dont
the

certainly

thought

was

right thing And

do
did you envision being
in that

what

Mr Crowleys
process

involvement

think
do an

the

idea

would

be

that

Mr.

nothing

other

than

run the
He

company would

operational

perspective
activity new
the

disassociated
to

from any

with

respect

new
He

plan
run

disclosure company made available advisor
to

statement
operationally
to the

would and
he

would

be

independent questions be
out

restructuring
an the

answer
he

on
of

as-needed business

basis
of

but

25

would

writing

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89

A1289

Case 1:04-cv-01565-SLR

Document 126-10
Friedman
David

Filed 04/17/2007

Page 30 of 30
3/16/2007

FRIEDMAN new

plan
And who would
the

independent
to

restructuring
He

advisor would

report

then
to the

report Crowley
And

believe

directors

other than

MR SLAUGHTER
Exhibit your 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit
the if

let

me

mark from

as

you

guys can

grab

files of

meeting 2000

minutes the

December

28

Coram minutes
of

Exhibit Friedman-9 Minutes
Telephonic Directors Meeting
of of

the Board

of

Coram

Healthcare

Corporation December

28

2000

Bates

Nos

TRUSTEEOO95O2

through
for

TRUSTEEOO95O7
identification And

marked
this

date
--

this is
of

minutes of Telephonic
of

Minutes
of

Meeting

of

Board

Directors

Coram You on

Healthcare
you
are

dated

December
.as

28
being

2000

see

identified

present

that

telephone

call Yes
In

the

last

full

paragraph

if

you

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90

Al 290