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3.Alleged Incidents Between Principal and OCC Members
43. The OCC refers in the Motion (at 9:10-18) to discussions that Mr. Leckrone had
with Ms. Felcyn and Mr. Johnson that are recalled rather differently by Mr. Leckrone. Over the course of various conversations regarding PDS Management Committee operations in which PTSC Director Felcyn has actively participated, the adverse impact of the pendency of TPL’s bankruptcy on the MMP Licensing Program was often discussed. Mr. Leckrone urged the importance of streamlining the process and avoiding distractions and issues which would embolden infringers, damage the MMP Licensing Program, and consume precious resources,including specifically the airing of the scores of various PTSC/TPL disputes which Director Felcyn was urging be pursued, including whatever TPL claims might exist with respect to the PDS bank transaction that may have been manipulated by PTSC Director Johnson, as well as trading irregularities by Director Felcyn with respect to PTSC stock based on inside information.
The characterization thereof as“threats” to PTSC Directors Johnson and Felcyn is not correct inasmuch as the assessment of risk given was and remains factual. Nothing said between PDS Board members regarding legal risks being caused by the actions of PTSC Directors s should serve as cause for appointment of a trustee in this bankruptcy case
