Free Affidavit - District Court of Delaware - Delaware

Case 1 :07-cv-00271-JJF Document 12 Filed 07/10/2007 Page 1 of 2
· IN THE UNITED STATES DISTRICT COURT .
F OR THE DISTRICT OF DELAWARE
JOE GAN O, )
)
Plaintifli ) .
)
v. , ) No. l:07—cv·00271
)
DONALD MARK EHART and )
SPREAD EAGLE, INC., a Delaware )
Corporation, formerly known as Red ) ‘
Eagle Avionics, Inc., ) W
l ` )
Defendants )
AFFIDAVIT OF JOHN D. WALLEN, ESQUIRE
STATE OF DELAWARE : J. i ’
· ; ss ’ ·
COUNTY OF NEW CASTLE : _ V
I, John D. Wallen, Esq., being duly sworn, depose and state that: _ _
1. I am attorney in good standing, admitted to practice law in the State of Delaware and
in the United States District Cotnt for the District of Delaware.
2. On May 18, 2007, I reviewed a DNS Report and saw that the above captioned matter
had been tiled.
3. On or about May 21, 2007, I spoke with Defendant Mark Ehart to alert him of the suit I
and to inform him that he would be served with the Complaint.
4. On May 31, 2007, Mr. Ehart was served with the Complaint. ‘ Soon thereafter, Mr.
Ehart contacted me to engage the services of Cross & Simon LLC and to forward a copy of the
Complaint. At the time, I mistakenly believed that the firm had been served or would be served
with a courtesy copy of the Complaint, due to the entry of appearance of this firm in the related
action in the Court of Chancery of the State of Delaware.
5. On or about June 25, 2007, I realized I had not received the Complaint. I
A immediately contacted Plaintiff’ s counsel, Sophia Siddiqui, to request a copy of theqComplaint. I
believed I made clear that this Erm would be representing Mr. Ehart in this action, that I needed
a courtesy copy of the Complaint, and that I would be filing a response shortly. I believed that
plaintiffs counsel would not seek a default without ftnther notice to Cross & Simon, LLC.

Case 1:07-cv-00271-JJF Document 12 Filed 07/10/2007 Page 2 of 2 `
6. Opposing counsel delivered a copy of the Complaint to Cross & Simon LLC on June
25, 2007. I was out ofthe office nom the afternoon of June 25 through June 28 (I was moving
from my prior residenceto a new residence), and did not see the Complaint until I returned on
June 29, 2007.
7. Plaintiff filed the Motion for Judgment by Default on June 27, 2007. Plaintiff did not
serve the Motion for Judgment by Default on Cross & Simon LLC, notwithstanding that I had I
contacted Ms. Siddiqui on June 25, 2007. Immediately upon learning of the Motion for
Judgment by Default, I contacted counsel for the Plaintiff and requested that the Motion be
withdrawn. Plaintiffs counsel refused. 1 `
I 1 1 1
s, / & .
f D. Wallen, Esq.
. , [ O‘l'l'\
Sworn to and subscribe efore me this day of July, 2007.
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