Free Motion to Strike - District Court of Colorado - Colorado

Case 1:01-cv-02315-LTB-CBS

Document 480-2

Filed 07/28/2005

Page 1 of 5

RECEIVED
JUl 08 2005
WHEELER TRIGG KENNEDY LLP

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Case No. 012315 (CBS)

Inre:
HARVEY SENDER , TRUSTEE OF THE LIFEBLOOD BIOMEDICAL, INC. LIQuIDATION TRUST and HARVEY SENDER , TRUSTEE OF THE LIFEBLOOD BIOMEDICAL, INc. OPT-IN- TRUST

Plaintiffs

WILLIAM JEFFREY MANN , an individual , WILLIAM WELLS IT, an individual , FREEBORN & PETERS , an Illinois partnership, MICHAEL SABIAN; an individual , DARWIN J. POYFAIR an individual , MERKLE & MAGRI, a Florida professional association , JAMES R. LEONE A., a Florida professional association , JAMES R. LEONE, an individual , and THE WILLIAM & ELAJNE WELLS FAMILY LIMITED PARTNERSHIP , a Florida limited partnership,
Defendants.

PLAINTIFF' S FIFTH SUPPLEMENTAL DISCLOSURES PURSUANT TO RULE 26(a)(I)

Plaintiff Harvey Sender ("Plaintiff' or the " Trustee ), Trustee of the Lifeblood Biomedical , Inc. Liquidation Trust and Trustee of the Lifeblood Biomedical, Inc. Opt- In Trust through his counsel , Lindquist & Vennum P. LLP. , supplements his initial disclosures pursuant
to Rule 26(a)(1) ofthe Federal Rules of Civil Procedure as follows.

Documents in Plaintiffs control that he may use to support his claims
The following additional document is attached:

Additional Irrevocable Assignment of Claims Donnie Webster, Executor of the Estate of Mack Webster

EXHIBIT
Doc# 2034649\1

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Case 1:01-cv-02315-LTB-CBS Document 480-2

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Dated this

ay of July 2005.
Respectfully

C. Smiley, #16210 H. Cisneros , #32547 Theodore J. Hartl , #32409 LINDQillST & VENNUM P . LP. 600 Seventeenth Street, Suite 1800 South Denver, CO 80202 Telephone: (303) 573- 5900 Facsimile: (303) 573- 1956
j smi I ey(qJIindq uist. com

acisneros(!Ylindq uist. com

thartl~lindquist.com
Attorneys for Plaintiff

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Case 1:01-cv-02315-LTB-CBS

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Filed 07/28/2005

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CERTIFICATE OF SERVICE
It is hereby certified that service of the foregoing PLAINTIFF' S FIFTH SUPPLEMENTAL DISCLOSURES PURSUANT TO RULE 26(a)(1)has been made by U. day of July 2005 , on al1 persons and entities listed below: Mail , this
James R. Leone , Esq. James R. Leone , P.
3i88 Oak Lane

Edgewater, FL 32132
William Jeffrey Mann 419 Abbeyridge Ct. Ocoee, FL 34761

Michael L O' Donnell , Esq.
Carolyn J. Fairless , Esq. Julie Walker, Esq.

Wheeler, Trigg & Kennedy 1801 California Street , Suite 3600 Denver, CO 80202

~a'd7

Doc# 2034649\1

). .
Case 1:01-cv-02315-LTB-CBS Document 480-2 Filed 07/28/2005 Page 4 of 5

IRREVOCABLE ASSIGNMENT OF CLAIMS
" e...

This Assignment of Claims is executed as of June , 2001 by 96Illi) Nt. Webster 1668 Lindsey Bridge Road, Madison, North Carolina 27025 , Rockingham County, Executor of the estate of Mack Webster (the "Estate ), to effectuate the Estate participation in the Lifeblood Biomedical , Inc. , Opt- In Trust (the " Opt-In Trust

RECITALS.
New Millennium Group of Colorado , LLC, and Bluff Dale Corporation (the "Debtors filed their petitions for reorganizationpm-suant to Chapter 11 of the Bankruptcy Code in

A.

On July 26, 2000 , Lifeblood Biomedical Inc. , Lifeblood Cryogenics , Inc.

DEC.
B.
C.
confrnning the Plan on

the United States Bankruptcy Court for the District of Colorado

Joint

Case No. 00- 18695

The Proponents ' First Amended Joint Plan of Liquidation for the Debtors ) was filed by the Chapter 11 Trustee and the Official Unsecured Creditors (the " Plan Committee on March 5, 2001. The Bankruptcy Court entered its Confirmation Order
UIie 11

, 2001.

The Plan provides, in pertinent part, for the creation of the Opt~ In Trust

for the benefit of the holders of Allowed Unsecured Claims that elect to assign their individual causes of action arising out of or related to transactions with any of the Debtors (" Individual Claims ). The Opt-InTrust, by and through its Trustee , Harvey Sender, will prosecute and enforce such Individual Claims in accordance with the tenDS . of the Plan and the Opt- In Trust Agreement. As executor for the Estate, I sign this Assignment of Claims voluntarily.
Mack Webster elected to. become a beneficiary of the Opt- in Trust and to , 2001. have the Opt- In Trust pursue the Estate s individual claims on or about June 4
s election. Irrevocable Assignment of Claims dating back to the time of Mack Webster Mack. Therefore , I am signing this fOnD with the intent that it be effective as of the time Webster first elected to participate in the Opt-hi Trust.
I understand that counsel for. the Trustee are unable to locate . art

D.

TheEstate is a holder of Allowed Unsecured Claims. pursuant to the Plan.

E. F.
1.

ASSIGNMENT
. The tenn " Individual Claims" me ans all claims or causes of action suits, , claims to property, damages , judgments , and

debts, sums of money, controversies unasserted, that demands whatsoever, in law or equity, known or unknown, asserted or . Debtors with the Estate has or Play have against any and all person(s) other than the , or in connection with transactions or dealings with, respect to, related to , or arising from

or the status of, any of the Debtors.

Doell 1998246\1

Case 1:01-cv-02315-LTB-CBS

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the prosecution oflndividna:l Claims by In Trust in accordance with the tenns of the Optthe Trustee of the OptAgreement and the Plan, and other good and valuable consideration, the sUfficiency of which is hereby acknowledged, I irrevocably assign the Estate s Individual Claims to Harvey Sender, as Trustee of the Opt- In Trust.
. In consideration of the Recitals ,

2.

In Trust

This assignment includes , irrevocably, the authority to take all necessary legal measures to prosecute. . for the sole use and benefit of the Opt- In Trust, its representatives and assigns , the Estate s Individual Claims, including, witbout limitation the full power of substitution , for the Estate and. in its name , or otherwise , to (a) demand sue for, compromise , collect, and give satisfaction the Individual Claims and (b) deposit and distribute all proceeds P1Jfsuant to the tenns of the Plan and the Opt-In Trust. Agreement.
I represent and warrant that (a) I have full rights. and authority to enter into this Assignment of ClaimS , (b) the Estate s Individual Claims have not been previously

3.
4.
5.

assigned to any third party, and (c) the rights and benefits assigned through this Assigmnent of Claims are free and clear of any lien , encumbrance , adverse Claim or
interest by any third party.

This Assignment of Claims shall be binding upon me and inure to the benefit of my successors, beneficiaries and assigns, as well as any successors of Harvey
Sender, as Trustee of the Opt.,.

the State of Colorado.
Dated: Tl7a.zJ

6. . This Assignment of Claims shall be governed and construed in accordance
2005

In Trust.
Il

with the laws of the State of Colorado without regard to the rules of conflict of laws

IS;
'D:t1n/e."

aM.

atureJ

Dolmy M. Webster, Executor for the Estate of Mack Webster, Deceased

DoC# 1998246\1