PEREIRA v. COGAN

No. 00 Civ. 619(RWS).

281 B.R. 194 (2002)

John S. PEREIRA, as Trustee of Trace International Holdings, Inc. and Trace Foam Sub, Inc., Plaintiff, v. Marshall S. COGAN, Saul S. Sherman, Andrea Farace, Frederick Marcus, Robert H. Nelson, Philip Smith, Karl Winters, Tambra King, Defendants.

United States District Court, S.D. New York.

July 17, 2002.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene, & MacRae, L.L.P., New York City, by John P. Campo, Theodore J. Fischkin, Alison J. Chen, of counsel, for plaintiff.

Salomon Green & Ostrow, P.C., New York City, by Alec P. Ostrow, of counsel, Morvillo, Abramowitz, Grand, Iason & Silberberg, New York City, by Elkan Abramowitz, of counsel, for Marshall S. Cogan.

Swidler, Berlin, Shereff, Friedman, New York City, by Guy Petrillo, of counsel, for Saul S. Sherman.

Piper Marbury Rudnick & Wolfe, LLP, New York City, by Robert A. Meister, Michael S. Etra, of counsel, for Robert H. Nelson, Philip Smith, Karl Winters, and Tambra King.


OPINION

SWEET, District Judge.

Defendants Marshall S. Cogan, Saul S. Sherman, Andrea Farace, Frederick Marcus, Robert H. Nelson, Philip Smith, Karl Winters, and Tambra King (collectively the "Defendants") have moved to exclude the testimony of Irving Kagan, Esq. ("Kagan"), the proposed corporate governance expert witness of plaintiff John S. Pereira, as Chapter 7 Trustee (the "Trustee") of Trace International...

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