`
`
`
`
`
`Plaintiffs,
`
`C.A. No. 2023-0091-JTL
`
`C.A. No. 2023-0092-JTL
`
`FIREFIGHTERS’ PENSION SYSTEM OF
`THE CITY OF KANSAS CITY, MISSOURI
`TRUST and GARY D. VOIGT,
`
`
`v.
`
`KATHLEEN J. AFFELDT, GEORGE L.
`BALL, GARY L. FORBES, JOHN J.
`HOLLAND, WILLIAM E. JACKSON,
`WILBERT W. JAMES, JR., DANIEL
`JANKI, JOHN KRENICKI, JR., ROSE LEE,
`JAMES METCALF, TIMOTHY O’BRIEN,
`JUDITH REINSDORF, NATHAN K.
`SLEEPER, JONATHAN L. ZREBIEC,
`JEFFREY S. LEE, CLAYTON, DUBILIER
`& RICE, LLC, CD&R PISCES HOLDINGS,
`L.P., CLAYTON, DUBILIER & RICE FUND
`VIII, L.P., CD&R FRIENDS & FAMILY
`FUND VIII, L.P., CAMELOT RETURN
`INTERMEDIATE HOLDINGS,
`LLC, and CAMELOT RETURN MERGER
`SUB, INC.,
`
`Defendants.
`
`
`
`WHITEBARK VALUE PARTNERS LP and
`ROBERT GARFIELD,
`
`
`
`
`CLAYTON DUBILIER & RICE, LLC,
`CD&R PISCES HOLDINGS, L.P.,
`CLAYTON, DUBILIER & RICE FUND VIII,
`L.P., CD&R FRIENDS & FAMILY FUND
`VIII, L.P., and ALENA S. BRENNER,
`
`
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`
`
`
`Defendants.
`
`
`
`
`EFiled: Mar 07 2023 04:59PM EST
`Transaction ID 69289356
`Case No. Multi-Case
`
`
`
`TRANSMITTAL AFFIDAVIT OF NED WEINBERGER, ESQ. IN
`SUPPORT OF WHITEBARK GROUP’S LEADERSHIP APPLICATION
`FOR APPOINTMENT AS LEAD PLAINTIFF AND CO-LEAD COUNSEL
`
`Ned Weinberger, being duly sworn, hereby deposes and says:
`
`1.
`
`I am a Partner at Labaton Sucharow LLP, attorney for Whitebark
`
`Plaintiffs in the above-captioned action. I submit this affidavit in support of
`
`Whitebark Group’s Leadership Application for Appointment as Lead Plaintiff and
`
`Co-Lead Counsel, dated March 7, 2023.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a letter to Joel
`
`A. Fleming from Noah B. Yavitz responding to the Section 220 Demand Directed
`
`to Cornerstone Building Brands, Inc, dated June 3, 2022.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Whitebark
`
`Affidavit in Support of Whitebark Group’s Leadership Application, dated March 7,
`
`2023. [Confidential]
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the
`
`Firefighters’ Pension System of the City of Kansas City, Missouri Trust’s Section
`
`220 Demand Directed to Cornerstone Building Brands, Inc, dated May 6, 2022.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of Gary Voigt’s
`
`Section 220 Demand Directed to Cornerstone Building Brands, Inc, dated May 6,
`
`2022.
`
`
`
`
`
`- 2 -
`
`
`
`Dated: March 7, 2023
`
`N -d Weinberger (Bar No. 5747)
`LABATON SUCHAROW LLP
`222 Delaware A venue, Suite 1510
`Wilmington, Delaware 19801
`(302) 573-2540
`
`SWORN AND SUBSCRIBED before me
`this 7th day of March, 2023.
`
`DOMENIC ROSARIO SCALORA
`NOTARY PUBLIC
`STATE OF DELAWARE
`My Commission Expires May 20, 2024
`
`- 3 -
`
`
`
`
`
`CERTIFICATE OF SERVICE
`I, Ned Weinberger, hereby certify that on March 7, 2023, I caused a true and
`
`correct copy of the foregoing document to be served on the following via File &
`
`ServeXpress.
`
`Peter B. Andrews
`Craig J. Springer
`Christopher P. Quinn
`David Sborz
`Andrew J. Peach
`Jackson E. Warren
`Jacob D. Jeifa
`ANDREWS & SPRINGER LLC
`4001 Kennett Pike, Suite 250
`Wilmington, DE 19807
`
`Kimberly A. Evans
`BLOCK & LEVITON LLP
`3801 Kennett Pike, Suite C-305
`Wilmington, DE 19807
`
`
`Michael Hanrahan
`Corinne Elise Amato
`Kevin H. Davenport
`Eric J. Juray
`Stacey A. Greenspan
`PRICKETT, JONES & ELLIOTT,
`P.A.
`1310 N. King Street
`Wilmington, DE 19801
`
`
`
`
`
` /s/ Ned Weinberger
`Ned Weinberger (Bar No. 5256)
`
`
`
`
`
`
`
`
`
`
`Multi-Case Filing Detail: The document above has been filed
`and/or served into multiple cases, see the details below including
`the case number and name.
`
`Transaction Details
`
`Transaction ID: 69289356
`
`Court: DE Court of Chancery Civil Action Document Type: Affidavit
`Document Title: Transmittal Affidavit of
`Ned Weinberger, Esq. in Support of
`Whitebark Group's Leadership Application
`for Appointment as Lead Plaintiff and Co-
`Lead Counsel with Certificate of Service
`Submitted Date & Time: Mar 7 2023 4:59PM
`
`Case Details
`
`Case Number
`2023-0091-JTL
`
`2023-0092-JTL
`
`Case Name
`Firefighters’ Pension System of the City of Kansas City,
`Missouri Trust, et al. v. Kathleen J. Affeldt, et al.
`Whitebark Value Partners LP, et al. v. Clayton Dubilier &
`Rice, LLC, et al.
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
