Free Amended Document (NOT Motion/Complaint) - District Court of Arizona - Arizona

Robert Hardy Falk, Esq. (TX 06795300 , pro hac vice) 2 ROBERT HARDY FALK, P.C. Post Office Box 794748 3 Dallas, Texas 75379 Tel.: (214) 954-400 4 Fax: (214) 969-5941 E-mail: [email protected]
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Michael G. Ackerman, Esq. (CA 64997, pro hac vice) 7 ACKERMAN, KEVORKIAN & MASH 2391 The Alameda, Suite 100 8 Santa Clara, CA 95050 Tel.: (408) 261-5800 9 Fax: (408) 261-5900 E-mail: [email protected]
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Attorneys for Plaintiff, RONALD CRAIG FISH, a law corporation

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) Plaintiff, ) ) vs. ) ) THOMAS G. WATKINS, III, an ) individual; SKYLINE MANUFACTURING, INC., an Arizona ) ) corporation, ) ) Defendants. RONALD CRAIG FISH, a law corporation, a California corporation, Case No. CIV-03-67-PHX-SMM AMENDED DECLARATION OF MICHAEL G. ACKERMAN IN OPPOSITION TO MOTION TO OBTAIN TAX RETURNS OF PLAINTIFF RONALD CRAIG FISH

I, MICHAEL G. ACKERMAN, declare that: 1. I am an attorney duly licensed to practice law in the State of California and admitted before all of the Federal District Court's within the State of California. I make this declaration of my own personal knowledge. 2. Following the telephone conference call with the court, I spoke with my client and then later with Mr. Darrell Dudzik in an attempt to resolve this
-1AMENDED DECLARATION OF MICHAEL G. ACKERMAN IN OPPOSITION TO MOTION Case O BTAIN TA X RETU RNS O FDocument 107NALD CRAIG FISH C ase No. C IV -03-67-PHX-SMM 2:03-cv-00067-SMM Filed 12/09/2005 Page 1 of 4 TO PLAINTIFF RO

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discovery dispute. I offered to Mr. Dudzik as a compromise to provide him with a redacted copy of page 1 of Mr. Fish's sub-chapter S tax return showing the gross amount of income received by his sub-chapter S corporation for calendar years 2001 and 2002 (the years that Mr. Fish's is claiming time spent in the underlying litigation) and also to provide Mr. Dudzik a copy of the schedules of "other expenses" listing by name and dollar amount the business expenses incurred by Mr. Fish's corporation. Mr. Dudzik indicated that he was not able to accept this offer of compromise and as a result requested that we proceed with the hearing on this motion. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed in the City of Santa Clara, State of California, on Thursday, December 9, 2005.

______________________________ ___ MICHAEL G. ACKERMAN

-2AMENDED DECLARATION OF MICHAEL G. ACKERMAN IN OPPOSITION TO MOTION Case O BTAIN TA X RETU RNS O FDocument 107NALD CRAIG FISH C ase No. C IV -03-67-PHX-SMM 2:03-cv-00067-SMM Filed 12/09/2005 Page 2 of 4 TO PLAINTIFF RO

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The undersigned declares: I am a citizen of the United States and a resident of Santa Clara County, State of California. I am over the age of eighteen (18) years and not a party to the within above-entitled action. My business address is 2391 The Alameda, Suite 100, Santa Clara, CA 95050. On December 9, 2005, I served a copy of the following document(s) described as: DECLARATION OF MICHAEL G. ACKERMAN IN OPPOSITION TO MOTION TO OBTAIN TAX RETURNS OF PLAINTIFF RONALD CRAIG FISH MOTION TO QUASH SUBPOENAS AND FOR A PROTECTIVE ORDER

on the interested parties in this action by placing true copies thereof in a sealed envelope addressed to the person(s) listed below: Robert Hardy Falk, Esq. ROBERT HARDY FALK, P.C. P.O. Box 794748 Dallas, Texas 75379 Email: [email protected] (Attorneys for Plaintiff, Ronald Craig Fish, A Law Corporation)

Brian Holohan, Esq. Darrell S. Dudzik, Esq. HINSHAW & CULBERTSON 14 3800 North Central Avenue, Suite 1600 Phoenix, Arizona 85012-1946 15 Email: [email protected] Facsimile: (602) 631-4404 16 (Attorneys for Defendant, Thomas G. Watkins, III)
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( )

(By U.S. Mail) I am readily familiar with my employer's business practice

for collection and processing of correspondence for mailing with the United States Postal Service. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after dated of deposit for mailing in affidavit. I deposited such envelope(s) with postage thereon fully paid to be placed in the United States Mail at Santa Clara, California. ( X ) (By E-Mail) I caused a true copy of the foregoing document to be served on Darrell S. Dudzik and Robert Hardy Falk via e-mail at the e-mail address listed above. Each e-mail was complete and no reports of error were received. ( ) (By Facsimile) I served a true and correct copy by facsimile pursuant to

AMENDED DECLARATION OF MICHAEL G. ACKERMAN IN OPPOSITION TO MOTION Case O BTAIN TA X RETU RNS O FDocument 107NALD CRAIG FISH C ase No. C IV -03-67-PHX-SMM 2:03-cv-00067-SMM Filed 12/09/2005 Page 3 of 4 TO PLAINTIFF RO

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C.C.P. 1013(e), calling for agreement and written confirmation of that agreement on court order, to the number(s) listed above or on an attached sheet. Said transmission was reported complete and without error. ( ) (By California Overnight Mail) I served a true and correct copy enclosed in a sealed package, for California Overnight collection and for overnight delivery. I marked said envelope for collection and overnight delivery to the addressed and to the office of the addressee(s) as above indicated. In the ordinary course of business and including said overnight envelopes, will be deposited with California Overnight at Santa Clara, California ( X ) (Federal Only) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on December 9, 2005, at Santa Clara, California. ______________________________________ CAMI J. SMURPHAT
C:\MyDocs\Fish\Arizona\MGA.Decl.Oppos.def.mtn120805.wpd

-4AMENDED DECLARATION OF MICHAEL G. ACKERMAN IN OPPOSITION TO MOTION Case O BTAIN TA X RETU RNS O FDocument 107NALD CRAIG FISH C ase No. C IV -03-67-PHX-SMM 2:03-cv-00067-SMM Filed 12/09/2005 Page 4 of 4 TO PLAINTIFF RO