Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1 :04-cv-01551-JJF Document 225-7 Filed 05/O4/2007 Page 1 of 2
IN THE UNITED STATES BISTRICT COURT
FOR '1`HE DISTRICT OF DELAWARE
—IT\l__ITLIT———_—“”—;___-mmw*“Y :
: Chapter 7
STUDENT FINANCE CORPORATION, ,
Damon : Bankruptcy Case No, 0,2-I 1620 (KIC)
CHARLES A. STANZIALE, JR", CHAPTER
7 TRUSTEE OF STUDENT FINANCE :
CORPORATION, : Civil Action No. 04-155}. (IIE)
Plaintiff,
v.
PEPPER I-IAIvfIL'I`ON LLP, et ai.,
Defendants,
CERTIFICATION OF MICHAEL S. WATERS IN SUPPORT OF
MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
MICI~IA.EL S. WATERS, of ful} age, hereby certifies as follows:
1. I am an attorney ofthe State of New Jersey and a member of the firm of
McEitoy, Deutsch, Muivaney & Carpenter, LLP, attorneys for Charles A. Stanziale, Ir.,
Chapter 7 Trustee (the "'I`rustee").
2, I submit this Certification in support of the Trustees Motion for ieave to
file a Second Amended Complaint to reassert a claim for aiding and abetting breach of a
fiduciary duty against Defendants, Pepper Hamiiton LLP and W, Roderick Gagné.
3. Attached hereto as Exhibit A is a true copy of the Court’s Order and
Opinion of December 22, 2005, dismissing Count V (aiding and abetting a breach of
fiduciary duty) of the Complaint.
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Case 1 :04-cv—O1551-JJF Document 225-7 Filed 05/O4/2007 Page 2 of 2
4t Attached hereto as Exhibit B is a copy of the proposed Second Amended
Complaint, which the Trustee seeks leave to tile and indicates in what respect it differs
from the First Amended Complaint, by bracketing materials to be deleted and underlining
materials to be added on pages 1, 50 and 51.
5, Attached hereto as Exhibit C is a copy of the proposed Second Amended
Complaint re—asserting a claim for aiding and abetting breach of a fiduciary duty against
Defendants, Pepper Hamilton LLP and W. Roderick Gagné, which the Trustee seeks
leave to file,.
I CCl"lQlf}’ [hal llhll foregoing SEMCMBDES ITISGC IHC EITC [PUC, I Hm BWBIC that Z1l`l}'
ofthe foregoing statements made by me are wil fully ’· se, am su ' e to n` t.
/
Michael S. Waters
Dated: May 4, BOG'7