Free Affidavit - District Court of Connecticut - Connecticut

Case 3:01-cv-02018-JBA

Document 222

Filed 07/20/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES FIDELITY AND GUARANTY COMPANY, DISCOVER REINSURANCE COMPANY, and DISCOVERY MANAGERS, LTD., : CIVIL ACTION NO. : : 3:01CV2018 (DJS) : : : : : : : : : JULY 19, 2004

Plaintiffs, VS. S.B. PHILLIPS COMPANY, INC., Defendant.

AFFIDAVIT OF KATHLEEN D. MONNES I, Kathleen D. Monnes, hereby depose and state as follows: 1. 2. I am over eighteen years of age, and I understand the obligations of an oath. I am an attorney at the law firm of Day, Berry & Howard, LLP. Along with Thomas J. Groark and Michael P. Shea, I represent the Plaintiffs in the above-captioned action. 3. 4. I make this affidavit upon my own personal knowledge. I hereby certify that I have attempted in good faith to resolve with plaintiff's counsel the dispute relating to the deposition fees of Plaintiffs' expert, John Lochner. 5. On March 14, 2003, plaintiffs disclosed John Lochner as their expert in this case. (Exh. A.)

41518410_1.DOC 025130-00020 July 19, 2004 12:34 PM

Case 3:01-cv-02018-JBA

Document 222

Filed 07/20/2004

Page 2 of 3

6.

On April 3, 2003, defendant noticed the deposition of Mr. Lochner for April 28, 2003. (Exh. B.)

7. 8.

Mr. Lochner, was deposed on April 28, 2003 in Hartford, Connecticut. On August 6, 2003, my office sent Mr. Lochner's bill for his fees associated with the April 28, 2003 deposition to counsel for the defendants, Michael Berman. (Exh. C.)

9.

Between August, 2003 and May, 2004, my office contacted Mr. Berman on various occasions to request that payment be forwarded to Mr. Lochner.

10.

On May 24, 2004, my office sent another letter to Mr. Berman, enclosing another copy of the invoice. (Exh. D.)

11.

On June 15, 2004, I wrote to Mr. Berman asking for a response as to whether and when the bill would be paid. (Exh. E.)

12.

On June 16, 2004, Mr. Berman responded that he has "forwarded the invoice for payment" and would "follow up." (Exh. F.)

41518410_1.DOC 025130-00020 July 19, 2004 12:34 PM

-2-

Case 3:01-cv-02018-JBA

Document 222

Filed 07/20/2004

Page 3 of 3

13.

On July 8, 2004, I again wrote to Mr. Berman requesting payment. (Exh. G.) Mr. Berman did not respond and to this date, payment has not been made to Mr. Lochner.

______________________________ Kathleen D. Monnes Subscribed and sworn to before me this _____ day of July, 2004. _________________________________ Notary Public / Commissioner of the Superior Court My Commission Expires:

41518410_1.DOC 025130-00020 July 19, 2004 12:34 PM

-3-