Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-00593-GMS

Document 61

Filed 08/29/2005

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE In re )
)

INACOM CORP ., et al ., Debtors .

)

INACOM CORP ., on behalf of all affiliated Debtors, ) Plaintiffs, V. INGRAM ENTERTAINMENT INC ., as successor in interest to NASHVILLE COMPUTER LIQUIDATORS, L.P., Defendant . ) ) ) ) ) )

Civil Action No . 04-593 (GMS)

DECLARATION OF JONATHAN P . HERSEY IN SUPPORT OF DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO . I TO EXCLUDE ALLEGEDLY CUMULATIVE EXPERT TESTIMONY RE SOLVENC Y I, Jonathan P . Hersey, declare : 1. The matters stated herein are based on my personal knowledge, and if

called as a witness, I could and would testify competently to them .
2. I am a partner with the law firm of Sheppard, Mullin, Richter & Hampton

LLP, attorneys of record for defendant Ingram Ente rtainment Inc . ("Ingram") in this action . I am licensed to practice before all courts of the State of California, and am also admitted to practice
pro hac vice

in the United States District Court for the District of Delaware . I make this

declaration in suppo rt of Ingram's Response in Opposition to Plaintiff's Motion In Limine No . 1 to Exclude Allegedly Cumulative Expert Testimony Re Solvency .

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Case 1:04-cv-00593-GMS

Document 61

Filed 08/29/2005

Page 2 of 2

3.

Attached hereto as Exhibit "A" are true and correct copies of the May 2,

2005 Valuation Analysis by Duff & Phelps, LLC and Sasco Hill Advisors, Inc ., and the June 21, 2005 Supplemental Report by these experts . 4. Attached hereto as Exhibit "B" is a true and correct copy of excerpts of the

transcript of the deposition of Jason Fensterstock, which I attended on July 28, 2005 . I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct . Executed this 29`" day of August, 2005, at Costa Mesa, California .

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