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Case 2:12-cv-01216-DSC Document 35 Filed 02/18/14 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

STUART A. WILLIAMS, Tmstee of
THE STUART A. AND FRANCINE W.
WILLIAMS REVOCABLE TRUST,

CIVIL DIVISION

CaseNo. 2:12-cv-01216-DSC

Plaintiff,

Judge Cercone

V.

CEDE & CO., Nominee Name ofthe
Depository Tmst Company,

Defendant.

PLAINTIFF'S RESPONSE TO THE MOTION FOR LEAVE TO FILE REPLY

MEMORANDUM IN SUPPORT OF MOTION TO QUASH, OR

ALTERNATIVELY, MODIFY SUBPOENAS SERVED ON

NONPARTY HENRY GUSKY, LIQUIDATION TRUSTEE OF
THE PRESIDENT CASINOS, INC. LIQUIDATION TRUST AND

HIS AGENT, COMPUTERSHARE TRUST COMPANY, N.A.

The Plaintiff, Stuart A. Williams, Tmstee of The Stuart A. and Francine W. Williams

Revocable Tmst (the "Williams Trast") files the following Response to the Motion for Leave to

File Reply Memorandum in Support of Motion to Quash, or Altematively, Modify Subpoenas

Served on Nonparty Henry Gusky ("Gusky"), Liquidation Trustee ofthe President Casinos, Inc.

Liquidation Trust and His Agent, Computershare Tmst Company, N.A ("Computershare"). The

Williams Tmst submits that the Court should not grant Gusky and Computershare with leave to

file the Reply Memorandum. Similar to their Motion to Quash, the Reply Memorandum

continues the personal attacks on Mr. Williams and attempts to frastrate the Williams Tmst's

attempt to gather documents and communications relevant to the instant matter filed against

Cede & Co., nominee name ofthe Depository Trust Company ("Cede") in this Court.

Accordingly, the Court should not grant leave to file the Reply Memorandum.

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Case 2:12-cv-01216-DSC Document 35 Filed 02/18/14 Page 2 of 3

In the event that the Court grants Gusky and Computershare with leave to file the Reply

Memorandum, it is still be clear that the Williams Tmst, as permitted in the Federal Rules of

Civil Procedure, served Subpoenas upon Gusky and Computershare in order to obtain relevant

documents and communications to ascertain how the mistake with the First Liquidation

Distribution was made. The Williams Tmst requests that the Court grant the Williams Trust with

leave to file a brief response to the Reply Memorandum and/or schedule a hearing on the Motion

to Quash.

WHEREFORE, the Williams Trast respectfully requests that this Court deny Gusky and

Computershare's request for leave to file the Reply Memorandum and order Gusky and

Computershare to respond to the Subpoena within ten (10) days ofany Order entered and deny

Gusky and Computershare's request for attomeys' fees. Altematively, the Williams Trust

requests that the Court grant the Williams Trust with leave to file a brief response to the Reply

Memorandum and/or schedule a hearing on the Motion to Quash.

Date: Febraary 18, 2014

Respectfully submitted.

/s/Danny P. Cerrone, Jr.
Allen M. Lopus, Esquire
Pa. I.D. #76544
Danny P. Cerrone, Jr., Esquire
Pa. I.D. #201091
CLARK HILL THORP REED
One Oxford Centre
301 Grant Street, 14* Floor
Pittsburgh, PA 15219-1425
(412)394-7711

Attorneys for Stuart A. Williams, trustee of
The Stuart A. and Francine W. Williams
Revocable Trust

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Case 2:12-cv-01216-DSC Document 35 Filed 02/18/14 Page 3 of 3

CERTIFICATE QF SERVICE

I hereby certify that, on this 18'*' day of Febmary 2014, the foregoing was electronically

filed with the Clerk of Courts through the CM/ECF system, which will send a notice of

electronic filing to all CM/ECF participants.

/s/ Danny P. Cerrone, Jr.
Danny P. Cerrone, Jr.

200192404