Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 1 of 13

IN THE UNITED STATES COURT OF FEDERAL CLAIMS AVOCENT REDMOND CORP., a Washington corporation, Plaintiff, v. THE UNITED STATES, Defendant, and ROSE ELECTRONICS, a Texas general partnership, Defendant-Intervenor. No. 08-69C Judge Lawrence S. Margolis

DECLARATION OF DONALD L. JACKSON IN SUPPORT OF AVOCENT'S REPLY TO ROSE'S OPPOSITION TO THE MOTION TO STRIKE ROSE'S ANSWER AND DEFENSES I, Donald L. Jackson, hereby declare as follows: 1. I am a member of Davidson Berquist Jackson & Gowdey, LLP, counsel to

plaintiff Avocent Redmond Corp. in the above-captioned litigation. I am a member in good standing of the bar of this Court and of the Supreme Court of Virginia. 2. Attached hereto as Exhibit 3 is a true and correct copy of the "Stipulation and

Agreed Order to Dismiss Without Prejudice" entered on February 22, 1999 in Apex PC Solutions, Inc. v. Cybex Computer Products Corp., U.S. District Court for the Western District of Washington, No. C98-246Z. 3. Attached hereto as Exhibit 4 is a true and correct copy of the "Order of Dismissal

Without Prejudice" entered on February 22, 1999 in Apex PC Solutions, Inc. v. Rose Electronics, U.S. District Court for the Western District of Washington, No. C98-245Z. 4. I declare under penalty of perjury that the foregoing is true and correct.

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 2 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 3 of 13

CERTIFICATE OF SERVICE The undersigned hereby certifies that the counsel of record who are deemed to have
consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per RCFC 5.2. Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date.

/s/ Donald L. Jackson________________ Donald L. Jackson

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 4 of 13

Exhibit 3

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 5 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 6 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 7 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 8 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 9 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 10 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 11 of 13

Exhibit 4

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 12 of 13

Case 1:08-cv-00069-LSM

Document 38-2

Filed 08/14/2008

Page 13 of 13