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 RIMA M. LAMONT

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9203-2/RML/RML/644395_v1

I declare as follows: 1. I am a legal assistant at the law firm of Jaburg & Wilk, P.C. and

assist Roger L. Cohen and Kathi M. Sandweiss, the attorneys for Defendants Richard and Marcia Ross in the above referenced matter. All matters stated herein are known by me to be true. 2. On March 17, 2008, Mr. Cohen asked me to look into getting a court

reporter in the Grand Cayman Island for the deposition of Timothy Shimko scheduled for March 19, 2008. 3. I called plaintiff's attorney's assistant, Wanda, to get more

information, e.g., an address of where this deposition would be located. She gave me an address at the Plantation Village Beach Resort on Grand Cayman.

Case 2:04-cv-00078-FJM

Document 186-6

Filed 03/18/2008

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

4.

I had our law clerk, Sharon Sprague assist me by looking for

attorneys and/or court reporters there that could help us. 5. On March 18, 2008, Ms. Sprague told me she was unable to locate a

court reporter able and willing to report a deposition on Grand Cayman Island. She was referred to a single court reporter but was advised by his staff that he is in Miami and will not be back to Grand Cayman Island until next week. 6. On March 18, 2008 I returned a phone call to Wanda and she gave

me a new address and phone number where the deposition is to be held ­ a law firm called Turner & Roulstone. She also gave me the number to the local court there and said that that is where I would need to get a court reporter. 7. I then called the local court and told them I would need a court

reporter for a deposition at a law firm the next day. The clerk that I spoke to said they only use their court reporters for court proceedings. They are not sent to private law firms. She said I would need to contact the law firm where it is being held and they would have to refer me to a court reporter. 8. I called Turner & Roulstone and spoke with an attorney who said his

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name was Mr. Turner. He said they do represent Mr. Shimko in various matters there on the Grand Cayman Island but that he had no record on his firm's "diary" of any such deposition being held on March 19, 2008. 9. To date, I have been unable, despite diligent efforts, to secure the

services of a court reporter to attend a deposition on Grand Cayman Island on March 19, 2008. I certify under penalty of perjury that the foregoing is true and correct. DATED this_18th_ day of March, 2008.

/s/ Rima M. LaMont Rima M. LaMont 2
9203-2/RML/RML/644395_v1

Case 2:04-cv-00078-FJM

Document 186-6

Filed 03/18/2008

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