Free Motion for Leave - District Court of Colorado - Colorado

Case 1:00-cv-02350-LTB-MJW

Document 69-3

Filed 03/03/2006

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EXHIBIT I

Case 1:00-cv-02350-LTB-MJW

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Filed 03/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-CV-02350-LTB-MJW PAULETTE GOMEZ, Plaintiff, v. KING SOOPERS, INC., Defendant. ______________________________________________________________________________ DECLARATION OF PAULETTE GOMEZ IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANT'S REPLY IN SUPPORT OF DEFENDANT'S MOTION FOR ATTORNEYS' AND EXPERT'S FEES

Paulette Gomez deposes and says: 1. 2. I am the plaintiff in the above-captioned matter. In my Declaration (the "February Declaration") filed in support of Plaintiff's

Response to Defendant's Motion for Attorneys' and Expert's Fees, dated February 20, 2006, I stated that I had never been involved in litigation of any kind. As Defendant pointed out in it's Reply, I have been involved in a divorce from Michael Jarrett in 1976 (final in 1977) in Boulder District Court. I did not hire an attorney to assist me in that divorce. At the time I submitted the February Declaration, I did not understand a divorce to be "litigation." While I knew that I had to go to court to obtain a divorce, I didn't feel that my former husband and I were "suing" one another. It was not my intent to mislead the Court or Defendant by failing to make reference to my divorce from Michael Jarrett.

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Case 1:00-cv-02350-LTB-MJW

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3.

Defendant also claims in its Reply that I was involved in two divorce actions from

Michael Jarrett in 1975 and 1976, both in Pueblo District Court. I was not a party to either of these actions. Needless to say, I did not hire an attorney to represent me in either of these matters. 4. Although Defendant does not make note of it, I have been divorced on another

occasion. From April, 1978 until my divorce was final sometime in 1989 or 1990, I was married to Mariano Gregorio (Greg) Gomez. Although I did hire an attorney to help me with my divorce from Greg Gomez, I didn't think of that experience in the same way as hiring a lawyer to sue somebody or to defend me in a lawsuit. In retrospect, I realize that my statement that I had never before hired an attorney, as written in the February Declaration, is not completely accurate. When I made that statement, I intended it to convey that I had never hired an attorney to sue somebody or to defend me in a lawsuit. It did not occur to me at the time I signed the February Declaration that my experience with a divorce attorney was of the same nature as my experience suing Defendant in this case. I was not attempting to deceive the Court of Defendant by failing to mention that I had used a divorce attorney in the past. 5. Defendant also claims that I retained counsel in connection with a divorce from

John Hernandez in 1982. I have never been married to John Hernandez. Needless to say, I have never been involved in a divorce action involving him. I believe that some of Defendant's confusion here may stem from the fact that my maiden name is "Hernandez." I used the name "Paulette Hernandez" from the time of my birth until my marriage to Michael Jarrett in December 1972. I used the name "Paulette Hernandez" again following my divorce from

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Case 1:00-cv-02350-LTB-MJW

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Michael Jarrett and prior to my marriage to Greg Gomez. I have not used the name "Paulette Hernandez" at any other times. 6. As Defendant also points out, I was charged with a misdemeanor in 1992 and a

traffic infraction in 1991. In both instances, I was charged and appeared a single time in Court for each charge to resolve the matters. I was not represented by counsel in connection with either of these matters. Although I acknowledge that these matters took place, I don't think of them as having been "litigation." 7. Defendant further claims in its Reply that I was the plaintiff in a breach of

contract case against James Webber in 1996. The Plaintiff in that case is named "Paulette Jarrett." I used the name "Paulette Jarrett" during the time I was married to Michael Jarrett in December, 1972 until our divorce in 1976 (final in 1977). That is the only time period that I used the name "Paulette Jarrett." At the time the lawsuit against Mr. Webber was filed in 1996, I was using the name "Paulette Gomez" as I had been doing since my marriage to Greg Gomez in April, 1978. I do not know who James Webber is and I have never sued him for any reason. I swear, under penalty of perjury, the foregoing is true and correct. Dated: March 3, 2006

_/s Paulette Gomez_______________ Paulette Gomez

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