October 7, 2021, Northern District of Texas – Defendants Charles Posternack, Edward Greene E. Dean Butler, Joseph B. Schimmel and a few others recently filed a motion to compel complete discovery responses and production of documents in the bankruptcy case of PFO Global, Inc. et al pursuant to Rule 37(a)(1) of the Federal Rules of Civil Procedure.
Allegedly, the Defendants have served written discovery upon Plaintiff Trustee Shawn K. Brown in the form of interrogatories and requests for production of documents, asking for the legal and factual bases of claims against the nine individual Defendants. The Defendants allege that the Plaintiff’s answers to the written discovery are evasive, deficient and incomplete.
Two years ago, the Plaintiff had filed an adversary proceeding against the former officers and directors of Debtor to recover $10,699,845.29 as alleged fraudulent transfers. The allegations against the Defendants spanned over several years and claimed over 40 breaches of duties by the Defendants.