United States District Court, D. Connecticut
RICHARD M. COAN, Plaintiff-Trustee,
v.
SEAN DUNNE, et al., Defendants.
LETTERS ROGATORY TO THE HIGH COURT OF IRELAND, INNS
QUAY, DUBLIN 7, IRELAND RE MR. ROSS CONNOLLY
The
Honorable Jeffrey A. Meyer U.S. District Judge.
The
United States District Court for the District of Connecticut,
Honorable Jeffrey A. Meyer, located at 141 Church Street, New
Haven, Connecticut 06510, United States of America, presents
its compliments to the High Court of the Republic of Ireland
and requests international judicial assistance pursuant to
the Foreign Tribunals Evidence Act 1856 and Order 39, Rules
39-44 of the Rules of the Superior Courts 1986, to obtain the
testimony of Mr. Ross Connolly who has knowledge of matters
described herein, for use in the determination of the
above-captioned civil proceedings pending before the District
Court.
Mr.
Connolly is within the jurisdiction of the High Court of
Ireland. On information and belief, Mr. Connolly's
residential address is 38 Knockabawn, Rush, Co. Dublin, and
his business address is 61 Merion Square, Dublin 2,
and c/o Clerkin Lynch, 30 Molesworth Street, Dublin 2.
The
firm of AMOSS Solicitors, which has been retained by Coan,
Lewendon, Gulliver & Miltenburg, LLC, counsel to the
Plaintiff, is hereby authorized to make the application to
the High Court of Ireland on behalf of this Court.
PROCEEDINGS
The
evidence requested relates to the action pending in the
United States District Court, District of Connecticut,
entitled Richard M. Coan, Trustee of the Bankruptcy
Estate of Sean Dunne v. Sean Dunne et al., Civil Action
No. 3:15-cv-0050-JAM, consolidated with an adversary
proceeding filed in the Bankruptcy Court for the District of
Connecticut and seeking to recover from defendants assets
that allegedly belong to the bankruptcy estate of Sean Dunne
("Dunne").
NATURE
AND PURPOSE OF PROCEEDINGS AND SUMMARY OF FACTS
Plaintiffs
Claims and Allegations
Plaintiff
is the Chapter 7 (personal bankruptcy) Trustee of Sean Dunne
("Debtor") in the United States. The Trustee
alleges that Dunne fraudulently transferred assets to family
members or otherwise concealed assets in various entities,
with the purpose of defeating the claims of creditors or
otherwise making those assets unavailable for distribution to
those creditors.
The
Trustee seeks to avoid and recover these various transactions
on the alleged basis that they were fraudulent as to
Dunne's creditors and to prevent assets from becoming
available to the trustee for distribution to creditors. Among
the transactions sought to be set aside (including on the
basis that there were transfers for no consideration and/or
the Dunne was insolvent at the time) are:
(a) a transfer of property known as Walford located on
Shrewsbury Road, Dublin;
(b) a transfer of property located at 81 North Wall, Dublin;
(c) the transfer, by assignment, of rents due Dunne from a
property called Ouragh in Dublin, subject to a lease as an
Embassy to the Government of the Republic of South Africa;
(d) the transfer of monies between Dunne and Gayle Killilea
between their respective Credit Suisse accounts, located in
Switzerland;
(e) the transfer of income due to Dunne from a partnership
known as the Lucy Partnership;
(f) the transfer of Dunne's interests in Mountbrook USA,
LLC;
(g) the transfer of Dunne's interest in condominiums
located in Geneva, Switzerland; (h) the transfer of furniture
and ...