Free Declaration - District Court of Delaware - Delaware

Case 1 :07-cv-00048-JJF Document 28 Filed 12/1 1/2007 Page 1 of 4
IN THE `UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
JOEL S. ARIOS, in his official capacity as ) CIVIL ACTION NO. I:O7·cv—00048—JJ“F
Insurance Commissioner of the Coimnonwcaith )
of Pennsylvania, as Liquiclator of RELIANCE )
INSURANCE COMPANY (IN )
) SWANK IN SUPPORT OF
Plaintiff, ) DEFENl)ANT’S OPPOSITION TO
) PLAINTIFF’S MOTION FOR
in ) PROTECTIVE ORDER
PAULA FINANCIAL, g
Defendant
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Case 1:07-cv-00048-JJF Document 28 Filed 12/11/2007 Page 2 of 4
DECLARATION OF WILLIAM K. S\_‘\f_.§_1'jl_I_§_
I, William K. Swank, decime as follows:
l .. I am a partner in the law firm of Holme, Roberts 8:; Owen LLP and am the lead attorney
for Defendant PAULA Financial in the case captioned JOEL S. AIUOS, in his official capacity
as Insurance Commissioner ofthe Commonwealth of Pennsylvania, as Liquidator of`R1'3LIANCE
INSURANCE COMPANY (IN LIQUIDATEON), v. PAULA Financial, Delaware District Court
Case No. 07-048-.l.lF. I am admitted to this Court pro imc vice for purposes of this matter.
.2, I have personal knowledge of the facts set forth herein, except as stated on information
and belief, and am competent to testify with respect to them.
3. On November E9, 2007, l attended a telephonic status conference before Magistrate
Judge Thyngc. Gerald Arth and Cheryl Garber attended on behalf ofthe Liquidator, Jonathan
Fetteriy, Chad Shandier and I appeared on behalf of PAULAi The purpose of this status
conference was to address whether the parties were ready for mediation on January l4, 2008,
Prior to Magistrate Thyngejoining the call, I informed counsel for the Liquidator that PAULA
was planning on traveling to Seattle for the depositions ofthe Montlake witnesses during mid-
December, and that PAULA anticipated taking approximately four depositions. I also discussed
with Mr. Arth the option of commencing the depositions on a Tuesday so that he could utilize
Monday as a travel day. Additionally, PAi}LA’s intention of taking depositions was
acknowledged after Magistrate Judge Thyngc joined in the cali. Counsel for the Liquidator
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Case 1:07-cv-00048-JJF Document 28 Filed 12/11/2007 Page 3 of 4
made no objections during the call. Mr. Arth asked that we first clear dates with him before
noticing the depositions I infomued him that we would, and said that we might have available
dates as early as that day and we would inform of dates as soon as we had them.
I declare under the penalty of perjury under the laws of the State of California that the
foregoing is tmc and correctr Executed this i0th day of December, 2007, at Los Angles
Californian
gy g,z4___;%V 2 Z ,@»¤a.. L.
William Swank
2
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Case 1:07-cv-00048-JJF Document 28 Filed 12/11/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on December ll, 2007, I electronically tiled the foregoing with the
Clerk of Court using CM/ECF which will send notification of such IEling(s) to the following,
who have also been served as noted:
VIA HAND DELIVERY
Sheldon K. Rennie, Esq.
Fox Rothschild, LLP
919 N, Market Street, Suite l300
PO. Box 2323
Wilmington, DE I9899-·2323
I hereby certify that on December l 1, 2007, the foregoing was sent to the following n0n~
registered participants in the manner indicated:
VIA FEDERAL EXPRESS
Gerald E, Artli, Esq.
Cheryl A, Garber, Esq,
Fox Rothschild, LP
2000 Market Street, Tenth Floor
Philadelphia, PA 39 l O3 —.329l
.lEl.I'1'1£DH ALE, Tweedie (#4927)
Dated: December ll, 2007
in r 16229275-l