Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-01551-JJF Document 249 Filed 05/25/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WENO RE: W :
: Chapter 7
STUDENT HNANCIE CORPORATION, 2
Debtor! ; Bankruptcy Case No. 02-1 1620 (KJC)
CHARLES A. STANZEALE, JR.; CHAPTER
7 TRIJSTEE OF STUDENT FINANCE :
CORPORATION, 2 Civil Action No., 044551 (.1.11*)
Plaintiff,
v.
PEPPER HAMILTON LLP, et al.,
Defendants.
SU1‘PIiEMENTAL CERTIFICATION OF MICHAEL S. WATERS IN SUPPORT
OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
MICHAEL S. WATERS, of full age, hereby certifies as follows:
1. I am an attorney of the State of New Jersey and at member of the Erin of
l\r1c1E.lr‘oy, Deutsch, Mulvaney & Carpenter, LLP, attorneys for Charles A. Stanziale, Jr.,
Chapter 7 Trustee {the “Tmstee").
2. I submit this Supplemental Ceztiiication in further support of the Trustee`s
Motion for leave to file a Second Amended Complaint to re—zissert a ciztirn for aiding and
abetting breech of at fiduciazy duty against Defendants, Pepper Hamilton LL? and W.
Roderick Oagné.
3. I only recentiy came across the United States Court of Appeals for the
Third Circuit’s decision in Huber v. Taylor, 469 F.3d 67 (Bd Cir. 2006). I did so while
doing zi key word search through federal cases.
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Case 1:04-cv-01551-JJF Document 249 Filed 05/25/2007 Page 2 of 2
4. Attached hereto as Exhibit A is a true copy of the Trustee’s Second
Supplementai Objections and Responses to Defendant Pepper Hamilton LLP’s First Set
oi" interrogatories ("Trustee’s Responses to Peppefs Interrogatories"), which is being
tiled under seals
5i The information supplied in the Trustees Response to Peppe1"s
Interrogatory Number S is substantiatly the same information that was conveyed to the
attorneys for Pepper Hamilton LLP on or about December 28, .2006 by Royal indetnnity
Company.
6s Attached hereto as Exhibit B is a true copy of Royal Indenmity
Company’s Third Amended Complaint in Royal Indemnig Co. v. Pepper Hamilton, LLP,
No 05--165, Dt 2tIt
I certify that the tbregoing statements made by me are rue, I am aware that if any
of the foregoing statements made by me a1
V _ t ~ ,5 A
Michael S. WHIEIE-***—~—
Dated: May .25, BDU?
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