Philadelphia Newspapers LLC is trying to get former Chief Executive Brian P. Tierney out of testifying at the company’s Chapter 11 plan-confirmation hearing, which began Thursday.
The company, which publishes the Philadelphia Inquirer and Philadelphia Daily News, said in bankruptcy-court papers that Tierney is not required to appear in part because the subpoena was not delivered to him but was instead delivered to his niece.
“The attempted service was made by handing a copy of the subpoena to Mr. Tierney’s niece who was at Mr. Tierney’s residence while he was in Europe, traveling with his family,” company attorneys said.
That attempt was a violation of court rules that require “personal service of subpoenas,” they said.
In addition, Tierney doesn’t plan to return to the U.S. until Monday evening, the day the three-day hearing is scheduled to conclude.
“Requiring Mr. Tierney to testify…would be unduly burdensome,” the company said.
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