IN RE SAGECREST II, LLC

Bankruptcy No. 08-50754, No. 08-50755, No. 08-50763, No. 08-50844. Adversary No. 08-5097 (AHWS).

414 B.R. 9 (2009)

In re SAGECREST II, LLC, SageCrest Finance, LLC, SageCrest Holdings, Limited, SageCrest Dixon, Inc., Debtors. SageCrest II, LLC, and The Official Committee of Equity Security Holders, Plaintiffs, v. Topwater Exclusive Fund III, LLC, Freestone Low Volatility Partners, L.P., Freestone Low Volatility Qualified Partners, L.P., and Wood Creek Multi-Asset Fund, L.P., Claimants/Defendants.

United States Bankruptcy Court, D. Connecticut, Bridgeport Division.

August 19, 2009.


Attorney(s) appearing for the Case

Douglas J. Buncher, Esq., Patrick J. Neligan, Esq., Seymour Roberts, Jr., Esq., Neligan Foley LLP, Dallas, TX, James Berman, Esq., Zeisler & Zeisler, P.C., Bridgeport, CT, for Debtors/Plaintiffs.

Jonathan E. Polonsky, Esq.,1 Dennis S. Meir, Esq., Paul M. Rosenblatt, Esq., Kilpatrick & Stockton LLP, Atlanta, GA, Eric Henzy, Esq., Reid & Riege, P.C., Hartford, CT, for Official Committee of Equity Holders.

Mark R. Jacobs, Esq., Robert M. Fleischer, Esq., Pryor Cashman LLP, New York, NY, for Claimants/Defendants.

Kim McCabe, Esq., Steven E. Mackey, Esq., New Haven, CT, for U.S. Trustee, Region 2.


MEMORANDUM AND ORDER OVERRULING PLAINTIFFS' PAROL EVIDENCE OBJECTION AND DEFERRING RULING ON PLAINTIFFS' HEARSAY AND RELEVANCE OBJECTIONS

ALAN H.W. SHIFF, Bankruptcy Judge:

This adversary proceeding seeks a determination that the defendants are not redeemed investors of debtor SageCrest II and, therefore, are creditors in the debtor's bankruptcy case. The defendants have identified approximately 117 exhibits they intend to introduce into evidence to show...

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