Nevada Bankruptcy Court Adversary Proceeding by iqg66650

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									                             IN THE UNITED STATES BANKRUPTCY COURT
                             FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
                                        GULFPORT DIVISION


In re:                                      )
                                            )
Condor Insurance Limited (In Official       )   Case No. 07-51045-ERG-15
Liquidation),                               )
                                            )
       Debtor in a Foreign Proceeding.      )
______________________________________________________________________________
                                            )
Richard Fogerty and William Tacon in their  )
Capacity as the Joint Liquidators of Condor )
Insurance Limited,                          )
                                            )
       Plaintiffs,                          )
                                            )   Adversary No. 07-5049
                                            )
VS.                                         )
                                            )
Condor Guaranty, Inc. and                   )
PetroQuest Resources, Inc.,                 )
                                            )
       Defendants.                          )
______________________________________________________________________________


                                  UNIFIED INVESTMENTS, L.L.C.’S
                             MOTION TO QUASH SUBPOENA DUCES TECUM


           COMES NOW, Unified Investments, L.L.C. (“Unified”), a Nevada limited liability company,

and moves to quash the Subpoena Duces Tecum (the “Subpoena”) dated November 29, 2007, served

on it by Plaintiffs Richard Fogerty and William Tacon, in their capacity as the Joint Liquidators of

Condor Insurance Limited, in the above entitled and numbered Adversary Proceeding. Alternatively,

Unified moves to have said Subpoena held in abeyance until the Motions to Dismiss filed by Condor



UNIFIED INVESTMENTS, L.L.C.’S MOTION
TO QUASH SUBPOENA DUCES TECUM — Page 1
Unified Investments-Condor BR-Mot to Quash Subpoena (L-57)
Guaranty, Inc. and PetroQuest Resources, Inc. in this matter have been ruled upon by this Court. In

support thereof, Unified states as follows:

                                                              Facts

           1.         Condor Guaranty, Inc. has filed a Motion to dismiss this Adversary Proceeding.

           2.         PetroQuest Resources, Inc. has filed a Motion to dismiss this Adversary Proceeding.

                                                             Argument

           3.         If this Adversary Proceeding is dismissed, it would be pointless for Unified to

produce the items requested in the Subpoena. Therefore, the Subpoena should be quashed.

           4.         At minimum, the Subpoena should be held in abeyance until this Court has ruled on

the Motions to Dismiss filed by Condor Guaranty, Inc. and PetroQuest Resources, Inc.

           WHEREFORE, PREMISES CONSIDERED, Unified requests that the Court quash the

Subpoena served on it by Plaintiffs Richard Fogerty and William Tacon, in their capacity as the Joint

Liquidators of Condor Insurance Limited. Alternatively, Unified requests that the Court order that

the Subpoena is to be held in abeyance until it has ruled on the Motions to Dismiss filed by Condor

Guaranty, Inc. and PetroQuest Resources, Inc. Further, Unified requests that it be granted such other

and further relief, both general and special, at law or in equity, as it may show itself to be justly

entitled.

           DATED: December 29, 2007.




UNIFIED INVESTMENTS, L.L.C.’S MOTION
TO QUASH SUBPOENA DUCES TECUM — Page 2
Unified Investments-Condor BR-Mot to Quash Subpoena (L-57)
                                                             Respectfully submitted,


                                                             MOSHER LAW FIRM, P.C.


                                                             By:       /s/ J. Elaine Mosher
                                                                   J. Elaine Mosher
                                                                   Texas Bar No. 00788082

                                                             5400 LBJ Freeway
                                                             Suite 675
                                                             Dallas, Texas 75240
                                                             (214) 267-9090
                                                             (214) 267-9092 — Fax

                                                             ATTORNEYS FOR UNIFIED
                                                             INVESTMENTS, L.L.C.




UNIFIED INVESTMENTS, L.L.C.’S MOTION
TO QUASH SUBPOENA DUCES TECUM — Page 3
Unified Investments-Condor BR-Mot to Quash Subpoena (L-57)
                                                CERTIFICATE OF SERVICE

        I hereby certify that on December 29, 2007, I electronically filed the foregoing with the Clerk
of the Court using the ECF system which sent notification of such filing to the parties set forth in
the Electronic Mail Notice List as of the date hereof, including the following:

                      R. Michael Bolen, Esq.
                      USTPRegion05.JA.ECF@usdoj.gov

                      Laurie D. Babich, Esq.
                      laurie.babich@bakernet.com

                      Jeffrey Ryan Barber, Esq.
                      jbarber@watkinsludlam.com

                      David W. Parham, Esq.
                      david.w.parham@bakernet.com

                      Nicholas Van Wiser, Esq.
                      nwiswer@byrdwiser.com
                      krg@byrdwiser.com

                      Randall Adam Swick, Esq.
                      adam.swick@bakernet.com

                      William P. Wessler, Esq.
                      wwessler@cableone.net



                                                                 /s/ J. Elaine Mosher
                                                             J. Elaine Mosher




UNIFIED INVESTMENTS, L.L.C.’S MOTION
TO QUASH SUBPOENA DUCES TECUM — Page 4
Unified Investments-Condor BR-Mot to Quash Subpoena (L-57)

								
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