Customers Bank Witness List for March 20, 2023 Hearing (Doc. 691) — In re Kabbage, Inc. (Bankr. D. Del.)

Summary

The Witness List of Customers Bank for the March 20, 2023 hearing, filed March 16, 2023 as Doc 691 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It is submitted in connection with the Motion of Debtors for Entry of an Order Enforcing the Settlement Order and the Settlement Agreement Between KServicing and Customers Bank [D.I. 340], under the chambers procedures of Judge Craig T. Goldblatt. The list names a Senior Vice President of Customers Bank and the Corporate Controller and a Vice-President of Kabbage, Inc., each to testify on the reconciliation process to determine the Settlement Amount. It also reserves rebuttal, impeachment, designated and authenticating witnesses, and is signed by counsel to Customers Bank.

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                   Case 22-10951-CTG          Doc 691   Filed 03/16/23    Page 1 of 2




                         IN THE UNITED STATES BANKRUPTCY COURT
                              FOR THE DISTRICT OF DELAWARE

    In re:                                              )   Chapter 11
                                                        )
    KABBAGE, INC. d/b/a KSERVICING, et al., 1           )   Case No. 22-10951 (CTG)
                                                        )
                                   Debtors.             )   (Jointly Administered)

                            WITNESS LIST OF CUSTOMERS BANK FOR
                             MARCH 20, 2023 HEARING AT 10:00 A.M.

             In connection with the Motion of Debtors for Entry of an Order Enforcing the Settlement

Order and the Settlement Agreement Between KServicing and Customers Bank [D.I. 340] and set

to be heard by the Court on March 20, 2023 (the “Hearing”), Customers Bank respectfully submits

the Witness List below in compliance with the Chambers Procedures for Judge Craig T. Goldblatt.

             Witness List

             1.     Alyssa White, Customers Bank’s Senior Vice President: the scope of Ms. White’s

testimony will be the reconciliation process to determine the Settlement Amount in accordance

with the Settlement Agreement between Customers Bank and KServicing;

             2.     Tamika M. Williams, Corporate Controller of Kabbage, Inc.: the scope of Ms.

Williams’ testimony will be the reconciliation process to determine the Settlement Amount in

accordance with the Settlement Agreement between Customers Bank and KServicing;




1
  The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax
identification number, as applicable are: Kabbage, Inc. d/b/a KServicing (3937); Kabbage Canada
Holdings, LLC (N/A); Kabbage Asset Securitization LLC (N/A); Kabbage Asset Funding 2017-A LLC
(4803); Kabbage Asset Funding 2019-A LLC (8973); and Kabbage Diameter, LLC (N/A). Kabbage is a
trademark of American Express used under license; Kabbage, Inc. d/b/a KServicing is not affiliated with
American Express. The Debtors’ mailing and service address is 925B Peachtree Street NE, Suite 383,
Atlanta, GA 30309.
              Case 22-10951-CTG        Doc 691     Filed 03/16/23      Page 2 of 2




       3.      Donna R. Evans, Vice-President of Kabbage, Inc.: the scope of Ms. Williams’

testimony will be the reconciliation process to determine the Settlement Amount in accordance

with the Settlement Agreement between Customers Bank and KServicing;

       4.      Any rebuttal and/or impeachment witnesses;

       5.      Any witnesses designated by any other party; and

       6.      Any witnesses necessary to authenticate any document.

       Customers Bank reserves its right to amend and/or supplement this Witness List at any

time prior to the Hearing.

Dated: March 16, 2023                       SULLIVAN · HAZELTINE · ALLINSON LLC
       Wilmington, Delaware

                                            /s/William A. Hazeltine
                                            William D. Sullivan (No. 2820)
                                            William A. Hazeltine (No. 3294)
                                            919 North Market Street, Suite 420
                                            Wilmington, DE 19801
                                            Tel: (302) 428-8191
                                            Fax: (302) 428-8195
                                            Email: bsullivan@sha-llc.com
                                                    whazeltine@sha-llc.com

                                               and

                                            HOLLAND & KNIGHT LLP
                                            John J. Monaghan (admitted pro hac vice)
                                            Jeremy M. Sternberg (admitted pro hac vice)
                                            Lynne B. Xerras (pro hac vice forthcoming)
                                            10 St. James Avenue
                                            Boston, MA 02116
                                            Telephone: 617-523-2700
                                            Facsimile: 617-523-685
                                            john.monaghan@hklaw.com
                                            jeremy.sternberg@hkaw.com
                                            lynne.xerras@hklaw.com

                                            Counsel to Customers Bank




                                               2


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