Free Reply in Support of Motion - District Court of Arizona - Arizona

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

Roger L. Cohen, #004409 Kathi Mann Sandweiss, #011078 JABURG & WILK, P.C. 3200 North Central Avenue, Suite 2000 Phoenix, Arizona 85012 (602) 248-1000 Attorneys for Defendants Ross

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA SHIMKO & PISCITELLI, et al., Case No: CIV-04-78-PHX-FJM Plaintiffs, v. DAVID GOLDFARB; RICHARD ROSS, et al. Defendants. DECLARATION OF SHARON SPRAGUE

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I declare as follows: 1. I am a law clerk employed by the firm of Jaburg & Wilk, P.C.,

attorneys for Defendants Richard and Marcia Ross in the above referenced matter. All matters stated herein are known by me to be true. 2. I was requested to locate a court reporter on the Grand Cayman

Islands to take the deposition of Plaintiff Timothy Shimko on March 19, 2008. 3. I conducted an internet search to find a court reporting service

located in the Cayman Islands. No such services were located through that search. 4. I conducted a search for law firms located in the Cayman Islands so

that I could contact them for a source of court reporting services. I found Appleby Law Firm located on Grand Cayman Island.

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

5.

I called the Appleby Law Firm and spoke to a paralegal, Sharon

Burke. Ms. Burke told me that they usually get court reporters through the court system on the Island, however, since our case was not through the Court on the Island, they probably would not be able to assist me. Instead, Ms. Burke referred me to a notary service company, Baraud International. 6. I called Baraud International and spoke with an employee by the

name of Joanne. I explained that I was looking for a court reporter to take a deposition on Wednesday, March 19, 2008. Joanne explained that Stephan Baraud is the notary in the office and that he was "off-island" in Miami. Joanne told me that she would call him and get back to me as soon as possible. 7. I did not hear back from Joanne until this morning, Tuesday, March

18, 2008. Joanne told me that Mr. Baraud would not be back in the office until Monday, March 24, 2008 and was unavailable to take Mr. Shimko's deposition on March 19, 2008. 8. Island. 9. I conducted another search on the internet to locate another law firm Joanne could not refer me to any other court reporting service on the

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that might be able to refer me to another court reporting service. 10. I located another firm on Grand Cayman Island and spoke to the

receptionist. I explained I was calling from Phoenix, Arizona and that I needed a referral to a court reporting service there on the Island. The receptionist indicated that the paralegal was off for the day and that the attorneys were in court and would not be back until later in the day. She looked in the phone book, but said she could not find any listings for court reporters and she did not know of any service that she could refer me to. She said court reporting is not a very big business on the island and that written interrogatories are used more frequently than oral depositions. 11. I have been unable to locate any other court reporting service that

could be present for Mr. Shimko's deposition. 2
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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

I certify under penalty of perjury that the foregoing is true and correct.

DATED this_18th day of March, 2008.

/s/ Sharon Sprague Sharon Sprague

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