Case Doc 405 Filed 07/10/14 Entered 07/10/14 15:35:05 Desc Main Document Page 1 of 7

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1 Document Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION In re: COLOR STAR GROWERS OF COLORADO, INC., VAST, INC., and COLOR STAR, LLC, Debtors. Chapter 11 Case No (Jointly Administered) WITNESS AND EXHIBIT LIST OF BELL NUNNALLY & MARTIN LLP AND NIKKI GIBSON COMES NOW, Bell Nunnally & Martin LLP ( BNM ) and Nikki Gibson, an attorney with BNM (collectively, BNM ), as pre-petition counsel to Color Star Growers of Colorado, Inc., Vast, Inc., and Color Star, LLC (collectively, Color Star or Debtors ), in connection with a credit loan transaction ( Color Star Loan Transaction ), and file their Witness and Exhibit List in connection with the evidentiary hearing scheduled in this case on Debtors Motion for Approval of Compromise and Settlement Pursuant to Bankruptcy Rule 9019 [Docket No. 378] (the Compromise Motion ), for July 18, 2014 (the Hearing ). BNM submits this Witness and Exhibit List in connection with its objection to the retention and/or use of Lynn Tillotson Pinker & Cox, LLP ( Lynn Tillotson ) to evaluate, investigate, bring suit upon and/or compromise any alleged claims against BNM and any of its attorneys and/or personnel (collectively BNM ) in connection with BNM s representation of Debtors pre-petition ( BNM Objection ). WITNESSES BNM may call any of the following witnesses at the Hearing, whether in person or by proffer regarding the BNM Objection: AND NIKKI GIBSON Page 1

2 Document Page 2 of 7 1. Jeffrey Lowenstein. 2. Any witness called or identified by any other party. 3. Any witness necessary to impeach the testimony of witnesses called or designated by any other party. 4. Any witness necessary to rebut the testimony of witnesses called or designated by any other party. EXHIBITS BNM may offer into evidence any one or more of the following exhibits at the Hearing in connection with the BNM Objection: EXHIBIT DESCRIPTION OF EXHIBIT OFFERED OBJECTION ADMITTED 1. Certified Copy, Plaintiff s Original Petition, filed on April 5, 2011, in Cause No. DC , American Communications, LLC and Tricon/Tower Werks, LLC v. Bell Nunnally & Martin LLP and Trey DeLoach, Individually,116 th Judicial District Court, Dallas County Texas (the AC Lawsuit ) Certified Copy, Plaintiffs First Amended Petition, filed on February 10, 2012 in the AC Lawsuit Certified Copy, Plaintiffs Second Amended Petition, filed October 3, 2012 in the AC Lawsuit Certified Copy, Defendants Second Amended Answer and Counterclaim, filed on October 3, 2012 in the AC Lawsuit Certified Copy, Joint Motion to Dismiss With Prejudice, filed on December 5, 2012 in the AC Lawsuit Certified Copy, Agreed Order of Dismissal With Prejudice, entered on December 7, 2012 in the AC Lawsuit AND NIKKI GIBSON Page 2

3 Document Page 3 of 7 EXHIBIT DESCRIPTION OF EXHIBIT OFFERED OBJECTION ADMITTED 7. Redacted Billing Statements of Lynn Tillotson Pinker & Cox, LLP Certified Copy, Original Petition and Request For Disclosure, filed on February 13, 2014 in Cause No. DC , Regions Bank vs. NexBank Securities, Inc. d/b/a NexBank Capital Advisors f/k/a Barrier Advisors, et al, 14 th Judicial District Court, Dallas County, Texas, consolidated with Cause No. DC , MCG Capital Corporation, Solutions Capital I, L.P. vs. Barrier Advisors, et al, 101 st Judicial District Court, Dallas County, Texas (the Regions Lawsuit ) BNM Engagement Letter with Color Star Regions Commitment Letter Webshot, Lynn Tillotson Pinker & Cox, LLP, dated July 8, 2014, located at Biography of Jeffrey M. Tillotson Biography of John Volney Biography of Sam Hardy Biography of LaKeisha M. Forté Motion for Approval of Compromise and Settlement Pursuant to Bankruptcy Rule 9019 [Docket No. 378] Debtors Joint Plan of Liquidation For Color Star Growers of Colorado, Inc., Vast, Inc., and Color Star, LLC [Docket No. 382] All pleadings on file in this bankruptcy proceeding. Any exhibits used or listed by any other party at the hearing. Any exhibits necessary for rebuttal. AND NIKKI GIBSON Page 3

4 Document Page 4 of 7 BNM reserves the right to supplement or amend this list prior to the scheduling Hearing. BNM further reserves the right to introduce additional evidence not listed herein for rebuttal purposes. DATED: July 10, 2014 Respectfully submitted by: /s/ James H. Billingsley James H. Billingsley (TX ) Sherri T. Alexander (TX ) Alexis L. Angell (TX ) POLSINELLI, P.C N. Harwood, Suite 1900 Telephone: (214) Facsimile: (214) jbillingsley@polsinelli.com salexander@poslinelli.com aangell@polsinelli.com COUNSEL FOR BELL NUNNALLY & MARTIN LLP AND NIKKI GIBSON Page 4

5 Document Page 5 of 7 CERTIFICATE OF SERVICE I hereby certify that on July 10, 2014, true and correct copies of the foregoing Witness and Exhibit List was served electronically upon the parties that requested notice through the Court s ECF System. The Exhibits are being served upon counsel listed on the service list attached hereto as Exhibit A, for the Debtors, the Committee, the Lenders and Barrier, pursuant to the Order Re Barrier s Motion to Continue the Hearing on the Debtors Motion for Approval of Compromise and Settlement Pursuant to Bankruptcy Rule 9019 [Docket No. 399], entered July 7, /s/ James H. Billingsley James H. Billingsley AND NIKKI GIBSON Page 5

6 Document Page 6 of 7 EXHIBIT A Evan R. Baker Marcus Helt GARDERE WYNNE SEWELL LLP 3000 Thanksgiving Tower 1601 Elm Street Suite 3000 COUNSEL FOR DEBTORS COLOR STAR GROWERS OF COLORADO, INC., COLOR STAR, LLC, AND VAST, INC. Robert W. Gifford Kenneth C. Johnston John J. Kane George H. Barber Jason Binford Michael Ridulfo KANE, RUSSELL COLEMAN & LOGAN PC 3700 Thanksgiving Tower 1601 Elm Street Daniel P. Winikka SIMON, RAY & WINIKKA LLP 2525 McKinnon St., Suite 540 COUNSEL FOR DEBTORS COLOR STAR GROWERS OF COLORADO, INC. AND COLOR STAR LLC VIA Michael Ridulfo KANE, RUSSELL COLEMAN & LOGAN PC 919 Milam Suite 2200 Houston, Texas REGIONS BANK REGIONS BANK VIA Robert J. Diehl, Jr. Brian Trumbauer Bodman PLC 6 th Floor at Ford Field 1901 St. Antoine Street. Detroit, MI COMERICA BANK Judith Weaver Ross JUDITH ROSS, PC 700 North Pearl Street Suite 1610 COUNSEL FOR COMERICA BANK AND NIKKI GIBSON Page 6

7 Document Page 7 of 7 Isaac Joseph Brown Jay H. Ong Deborah M. Perry Raymond J. Urbanik MUNSCH HARDT KOPF & HARR, PC 500 N. Akard St., Suite VIA Constantine Z. Pamphilis Kasowitz, Benson, Torres & Friedman, LLP 700 Louisiana, Suite 2200 Houston, Texas MCG CAPITAL CORPORATION COUNSEL FOR AD HOC COMMITTEE OF UNSECURED CREDITORS, AND OFFICIAL COMMITTEE OF UNSECURED CREDITORS Michael D. Warner COLE SCHOTZ MEISEL FORMAN & LEONARD, PA 301 Commerce Street, Suite 1700 Fort Worth, Texas NEXBANK SECURITIES, INC. D/B/A BARRIER ADVISORS AND NIKKI GIBSON Page 7