Witnesses and Exhibits Revealed for the Diamond’s Chapter 11 August 18 Hearing
August 18 is the next big day in Diamond’s Chapter 11 drama. A hearing will be held on that day at 9:30 am covering a whole host of topics and motions.
The hearing includes:
- Diamond’s motion for the sale or disposition of the inventory it still has
- The sale and purchase of Diamond UK
- The Ad Hoc committee’s motion for a stay in Diamond’s motion for the sale of inventory
- A motion dealing with an order that’d require Diamond to assume or reject the contracts it has with some of the publishers
That’s a lot to cover in a single say and with that there’s various witness and exhibition lists that have been filed.
For the sale of Diamond UK:
- Diamond will call Robert Gorin, Diamond’s Co-Chief Restructuring Officer as a witness and the exhibit is the purchase agreement for the sale.
JPMorgan filed a motion about the reservation of rights and limited objection concerning this one. They want to get paid first if this is goes through.
For the sale of the goods, that’s a whole other thing…
Diamond has:
- Gorin will be called as a witness
- Exhibits include inventory reports, sales reports, transition agreements, distribution agreements, and more.
The Ad Hoc Committee of Consigners will be bringing:
- Distribution and supply agreements with multiple publishers, reports of sales, and inventory reports (which will be produced through discovery and due August 15)
- For witnesses they plan on calling a representative for Diamond as well as Steve Leaf, the Client Consignor Representative.
Movant, which is a bunch of other publishers said it’s:
- Submitting contract terms, sales reports for products shipped, as well as documents they find from Diamond and JPMorgan Chase Bank from their discovery, and any documents others submit
- For witnesses, they’re calling a corporate designee of each of the 14 members of this group, a corporate designee for Diamond, a corporate designee for JPMorgan, and other witnesses from the other witness lists.
Finally, the Game Manufacturer Association (GAMA) has their list and notes that discovery isn’t due until August 15 so might have more. They are:
- Calling a representative of Diamond as a witness
- For exhibits, it has listed the distribution agreement with three game publishers
JPMorgan Chase Bank has its own witness and exhibition list. That features:
- The final order between JPMorgan and Diamond for its financing
This will be a big day, so stay tuned for further reports and check out all of the documents below:
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