Case 3:10-Cv-02642-L Document 49 Filed 10/07/11 Page 1 of 24 Pageid
Case 3:10-cv-02642-L Document 49 Filed 10/07/11 Page 1 of 24 PageID <pageID> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ADONAI COMMUNICATIONS, LTD., § § Plaintiff, § § v. § Civil Action No. 3:10-CV-2642-L § AWSTIN INVESTMENTS, LLC, et. al., § § Defendants. § MEMORANDUM OPINION AND ORDER Pursuant to the order of reference dated June 3, 2011, before the Court for determination is Defendants’ Objections to and Motion to Strike the Affidavit Testimony of Bill Podsednik and Documents Attached Thereto, filed May 27, 2011 (doc. 31). Based on the relevant filings and applicable law, the motion is GRANTED, in part, and DENIED, in part. I. BACKGROUND This action arises out of an alleged breach of a share-purchase agreement allegedly requiring payment of certain deferred taxes and indemnification of millions of dollars in tax liability. Adonai Communications, Ltd. (Plaintiff) has filed this lawsuit against Michael Bernstein; Awstin Investments, L.L.C.; Premium Acquisitions, Inc. formerly known as MidCoast Acquisitions Corp.; Premium Investors, Inc. formerly known as MidCoast Investments, Inc.; MDC Credit Corp. formerly known as MidCoast Credit Corp.; Shorewood Associates, Inc.; and Shorewood Holdings Corp. It asserts claims for breach of contract, common law fraud, statutory fraud, fraud by non- disclosure, and negligent misrepresentation, and seeks indemnification and a judicial declaration of its rights and duties under the agreement. Plaintiff claims that a labyrinth of these entities, led by Bernstein, systematically defrauded it by promising to indemnify it and pay outstanding tax Case 3:10-cv-02642-L Document 49 Filed 10/07/11 Page 2 of 24 PageID <pageID> obligations as part of the stock-purchase agreement with absolutely no intention of fulfilling that promise.
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