Coffee Solutions, LLC v. Uni-Splendor Corp., 3:19-cv-01848, No. 7 (D.Or. Dec. 27, 2019) (2024)

`

`Case 3:19-cv-01848-YY Document 7 Filed 12/27/19 Page 2 of 4
`
`
`
`
`
`I am the Manager of Clyde A. Hamstreet & Associates, LLC, an Oregon limited
`2.
`liability company doing business under the assumed name Hamstreet & Associates
`(“Hamstreet”).
`Hamstreet’s address is One S.W. Columbia, Suite 1575, Portland, Oregon 97258.
`3.
`4.
`I understand Hamstreet has been nominated to act as the receiver in the above-
`captioned action.
`Hamstreet works with troubled companies to manage crises and improve financial
`5.
`results. In addition, my firm and I have experience in serving both as a receiver and as a chapter
`11 bankruptcy trustee. Attached hereto as Exhibit 1 is a document that contains a description of
`Hamstreet's business, summarizes its experience in receivership and trustee matters, and includes
`biographies for me and the other two members of the Hamstreet team presently designated to
`work with me on this case: Hannah Schmidt and Maren Cohn.
`Hamstreet is qualified to serve as general receiver in this case. Hamstreet is
`6.
`qualified to serve as a receiver under federal law.
`Among my firm’s notable past roles, I served as Chief Restructuring Officer in
`7.
`the SEC federal receivership concerning Sunwest Management, Inc. and its affiliates, which
`involved hundreds of entities that owned senior care facilities, apartment complexes, and office
`buildings throughout the United States and whose debts aggregated nearly $2 billion.
`To the best of my knowledge, Hamstreet has no conflicts of interest with the
`8.
`parties associated with this case and has no interest of any kind in the business or property of the
`parties associated with this case, except that Hamstreet has been represented by Perkins Coie
`LLP in matters wholly unrelated to this case. Hamstreet currently has no active matters in which
`Perkins Coie LLP is representing Hamstreet and Hamstreet would engage counsel other than
`Perkins Coie LLP in this matter.
`
`2-
`
`
`
`
`DECLARATION OF CLYDE A. HAMSTREET
`
`136359-0001/146194586.2
`
`
`
`

`

`Case 3:19-cv-01848-YY Document 7 Filed 12/27/19 Page 3 of 4
`
`
`
`
`
`Neither Hamstreet nor any employee or affiliate of Hamstreet have been
`9.
`convicted of a felony or other crime involving moral turpitude.
`10. My standard hourly rate presently is $525, and the standard hourly rates of Maren
`Cohn and Hannah Schmidt are $385 and $375, respectively. Hamstreet proposes to charge these
`rates for services performed and to be performed in this receivership. In addition, Hamstreet will
`seek reimbursem*nt of its costs and expenses, including messenger services, air couriers,
`photocopying, project-related travel (including airfare, rental car, moderate lodging and living
`expenses), transportation, postage, long-distance telephone, and other charges customarily
`invoiced by professional firms.
`Hamstreet anticipates retaining counsel and it may retain other professionals and
`11.
`others as necessary to assist Hamstreet in carrying out its duties as receiver. I understand the
`fees and costs of such professionals and others will be also constitute reimbursable fees and costs
`of the receiver.
`I believe a $5,000 bond is sufficient for a case of this nature.
`12.
`13.
`I understand that Hamstreet’s compensation will be subject to review and
`approval on terms established by the Court. I understand that Christopher Maletis will
`personally commit to the prompt and full payment of the receiver’s fees and costs described in
`paragraphs 10-11 above on the condition that the proceeds of the sale of any property of the
`receivership estate will first go to reimburse Mr. Maletis for any receiver fees and costs he has
`advanced.
`Hamstreet is willing to serve as the receiver in this action. I understand that
`14.
`Hamstreet will be an agent of the Court and acting subject to the Court’s orders and supervision.
`///
`///
`
`
`3-
`
`
`
`
`DECLARATION OF CLYDE A. HAMSTREET
`
`136359-0001/146194586.2
`
`
`
`

`

`Case 3:19-cv-01848-YY Document 7 Filed 12/27/19 Page 4 of 4
`
`15.
`
`There is no contract, agreement, arrangement or understanding between any party
`
`associated with this case and myself or Hamstreet as to the conduct of the receivership case.
`
`I hereby declare that the above statement is true to the best of my knowledge and belief.
`
`and that I understand it is made for use as evidence in court and is subject to penalty for pe,jwy.
`,,-'J,.,~ ~ /
`/l'~#P 9
`., ·--~~ 17
`Cj/!#'t,, tt?
`· .;.r-J:t:_?.,~ ~
`Clyde A. Hamstreet
`
`DATED: December 27, 2019
`
`4- DECLARATION OF CLYDE A. HAMSTREET
`
`l 36359-0001/146194586.2
`
`