Free Declaration in Support - District Court of California - California

Case 3:07-cv-06169-BZ

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Filed 12/28/2007

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Brendan P. Cullen (SBN 194057) [email protected] Amie D. Rooney (SBN 215324) [email protected] SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: (650) 461-5600 Facsimile: (650) 461-5700 Attorneys for Defendant ABN AMRO Bank, N.A.

UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 E&M TRUST, 11 Plaintiff, 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28
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v. ABN AMRO BANK, N.A., PB TRADING S.A., JAIME S. DREYFUS ZAMOKEVICH, J. RICHTER, RUDY BECKMAN, GRIP VERKIN,

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Case No. C07-06169 DECLARATION OF AMIE D. ROONEY IN SUPPORT OF DEFENDANT ABN AMRO BANK, N.A.'S MOTION TO ENLARGE TIME TO RESPOND TO COMPLAINT Assigned to: Hon. Bernard Zimmerman Date Action Filed: December 5, 2007 Trial Date: Not yet set Hearing: January 16, 2008 Time: 10:00 a.m.

DECLARATION OF AMIE D. ROONEY IN SUPPORT OF MOTION TO ENLARGE TIME CASE NO. C07-06169

Case 3:07-cv-06169-BZ

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I, AMIE D. ROONEY, hereby declare: 1. I am an associate at the law firm of Sullivan & Cromwell LLP, and I am duly

admitted to practice law in the State of California. Sullivan & Cromwell has been engaged to represent Defendant ABN AMRO Bank, N.A. ("ABN AMRO") in the above-entitled action. I make this Declaration in support of ABN AMRO's motion for extension of time to respond to the complaint filed by E&M Trust on December 5, 2007. I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto. 2. ABN AMRO was served with the complaint in this action by mail at its New

York, New York offices on or about December 10, 2007. The complaint is signed by William Spencer and the signature line reads "E&M Trust, Plaintiff in Care of William Spencer." The summons requires service of an answer upon "E&M Trust, Plaintiff pro se In Care of William Spencer." 3. On December 21, 2007, I attempted to contact the Plaintiff by phone at the

number listed on the complaint. The phone was answered by an answering machine that did not identify the owner of the number in its out-going message, but I was able to leave a message identifying myself as a representative for ABN AMRO in this action. I requested that either Mr. Spencer or someone else from E&M Trust contact me to discuss a stipulation to extend time for ABN AMRO to respond to the complaint. I followed up with a letter to Mr. Spencer which I faxed to the number listed on the complaint and mailed to the street address of record. 4. Attached as Exhibit A is a true and correct copy of the follow-up letter (with fax

confirmation receipt) from me to William Spencer, E&M Trust, dated December 21, 2007. 5. 6. I did not receive any response to either the phone message or the faxed letter. On December 26, 2007, I again attempted to contact the Plaintiff by phone at the

number listed on the complaint. Again, I left a message with detailed information regarding how to contact me and the stipulation ABN AMRO was seeking from the Plaintiff. I did not receive any response to this second phone message. 7. On December 27, 2007, I again faxed a letter to Plaintiff at the listed fax number

requesting the Plaintiff's agreement to an extension of time for ABN AMRO to respond to the complaint. There has been no response of any kind. 1
DECLARATION OF AMIE D. ROONEY IN SUPPORT OF MOTION TO ENLARGE TIME CASE NO. C07-06169

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8.

Attached as Exhibit B is a true and correct copy of the follow-up letter (with fax

confirmation receipt) from me to William Spencer, E&M Trust, dated December 27, 2007. 9. Defendant ABN AMRO is seeking an extension of time to respond to the

complaint in order to conduct a thorough investigation into the serious claims brought by the Plaintiff. Moreover, ABN AMRO's lead counsel in this matter had pre-existing travel plans that will have him out of the country from January 2 through January 16, 2008. The extension of time is necessary to secure

7 his participation in and oversight of ABN AMRO's response to the complaint as well as to investigate 8 the allegations of the complaint (including the identity of the Plaintiff which is described only as a 9 "Corporation formed in Compliance with the laws of the land") and to obtain information from the 10 client, including information located outside the United States, regarding the matters at issue. ABN 11 AMRO may be severely harmed and prejudiced if it is not afforded the additional time requested. 12 10. Because the complaint includes information regarding the arrest and federal

13 felony conviction of William Spencer, the person who signed the complaint for E&M Trust, for crimes 14 relating to the alleged document at issue in this case, I reviewed the criminal court filings for 15 information and found the docket for U.S. v. Boghosian, et al., Case No. 05-cr-00351-LAP (SDNY), 16 which names William H. Spencer as a Defendant. This docket reflects a conviction by jury for 17 Conspiracy to Defraud the United States and lists a disposition of 51 months imprisonment, 2 years 18 supervised release and a fine of $12,500.00. Attached as Exhibit C is a true and correct copy of the 19 20 21 22 23 24 25 26 27 28
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docket for U.S. v. Boghosian, et al., Case No. 05-00351-LAP (SDNY). It is thus possible that Mr. Spencer does not respond to messages because he is currently incarcerated.

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DECLARATION OF AMIE D. ROONEY IN SUPPORT OF MOTION TO ENLARGE TIME CASE NO. C07-06169

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 28th day of December, 2007 at Palo Alto, California. /s/ Amie D. Rooney Amie D. Rooney (SBN 215324) Brendan P. Cullen (SBN 194057) SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: (650) 461-5600 Facsimile: (650) 461-5700 Attorneys for ABN AMRO Bank, N.A.

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DECLARATION OF AMIE D. ROONEY IN SUPPORT OF MOTION TO ENLARGE TIME CASE NO. C07-06169