Free Declaration - District Court of Arizona - Arizona

1 Ed Hendricks. (Arizona Bar N0. 002359)
MEYER HENDRICKS PLLC
2 3131 East Camelback Road, Suite 310
Phoenix, Arizona 85016
3 Telephone Number: (602) 604-2200
4
C. Frederick Reish (Arizona Bar No.: 002408)
5 Michael A. Vanic (Califomia Bar No.: 073486) (pro hac vice)
REISH LUFTMAN REICHER & COHEN
6 11755 Wilshire Boulevard, 10th Floor
Los Angeles, CA 90025-1539
7 Telephone Number: (310) 478-5656
8
Attorneys for Defendants Charles M. Brewer,
9 Charles M. Brewer, Ltd. Profit Sharing Plan and Trust,
Charles M. Brewer, Ltd. Restated Pension Plan
10
11
UNITED STATES DISTRICT COURT
12
DISTRICT OF ARIZONA
13
14
Stuart J. Reilly, CASE NO.: CIV 02 2218 PHX BTM
15
Plaintiff, (Honorable Barry T Moskowitz)
16
vs. DECLARATION OF WILLIAM
17 CHENAUSKY IN SUPPORT OF
Charles M. Brewer, Ltd., Profit Sharing Plan DEFENDANTS’ MOTION FOR
18 and Trust, a retirement plan; Charles M. ATTORNEY’S FEES PURSUANT
Brewer, Ltd. Restated Pension Plan, a TO ERISA § 502(g)(1), 29 U.S.C. §
19 retirement plan; Ross Gordon and Associates, 1132(g)(1), AND LOCAL RULE 54.2
20 Inc., a corporation; and Charles M. Brewer,
21
22 \\\
23 \\\
24 \\\
25 \\\
26 \\\
27 \\\
28 \\\
C£€82l:O2—cv—O2218-BT|VI—LSP Document 321 Filed 10/oe/2006 Page *10611*402 22**"“XEHC

DECLARATION OF WILLIAM CHENAUSKY
I, William] Chenausky, declare:
I submit the following declaration in support of Defendants' Motion for
Attorney’s Fees pursuant t0 ERISA § 502(g)(1), 29 U.S.C. § 1132(g)(1), and Local
Rule 54.2. I state the following facts based upon my own personal knowledge
and if called to testify, I could and would testify completely thereto:
1. I am over 18 years of age.
2. I was present at various times during all four days of trial of this
action in April 2006 - April 18, 19, 20 and 26.
3. I am a qualified legal assistant for the law office of Charles M.
Brewer, Ltd and I have served the firm for the past seven plus years. At the time
of trial on April 18, 2006, Mrs. Deborah Ward was the firms’ senior paralegal.
4. I do not personally know Mr. and Mrs. Reilly and I have never
formally met them. Deborah Ward and Charles Brewer pointed out, on the first
day of trial, who were the plaintiffs in this matter.
5. On the morning of April 19, 2006, I was directed by Mr. Brewer to
come to the courthouse and provide him with a copy of correspondence and to
discuss matters pending in a personal injury case. I arrived at or about 9:00 a.m.
and waited on a bench outside the courtroom until I was able to speak directly
with Mr. Brewer. At some point, Mr. Brewer came out of the courtroom and I
approached him to discuss the matters as stated above. As I was standing
Case 2:02—cv—02218—BTIVI—LSP Documdnt 321 Filed 10/06/2006 Page 2 of 4

outside the courtroom with Mr. Brewer, I saw Mrs. Reilly approach Deborah
Ward while Mr. Brewer and I were discussing that case. We both heard l\/Irs.
Reilly begin to raise her voice. At that point Mr. Brewer gestured to me
indicating to move away from them. I-Ie then said something like, "I·Iey, Bill,
let’s go down there. I don’t need to listen to this." Mr. Brewer and I walked
down to the elevator area so that he could not hear what was going on. Mr.
Brewer and I stayed down by the elevator area talking about the case until we
saw Deborah Ward and Mrs. Reilly go into the courtroom. Mr. Brewer seemed
to need to go back in the courtroom because it was apparent that the trial
proceeding was reconvening, and we hastened to the courtroom. During the time
Deborah Ward and Mrs. Reilly were discussing matters, I did not hear what was
being said, although Mrs. Reilly not only was loud, she seemed to also show
some aggression while communicating with my former colleague, Mrs. Ward.
Mrs. Reilly seemed a little frantic and her face was flushed.
I declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct. Executed this Q day of October,
2006.
Case 2:02—cv—02218—BTIVI—LSP Docume%t 321 Filed 10/06/2006 Page 3 of 4

1 CERTIFICATE OF SERVICE
2
I hereby certify that on October 6, 2006, I electronically transmitted the attached
3 document to the Clerk’s Of ice using the CFM/ECF System for filing and transmittal of a
Notice of Electronic Filing to the following CM/ECF registrants:
4
5 Edwin F. Hendricks, Sr. — efhendricks@,meyerhendricks.com
6 Stuart J. Reilly — [email protected]; mreilly@,stuartjreillypc.com
7 C. Frederick Reish, Jr. — [email protected]; [email protected]
8 Michael A. Vanic — mikevanic@,reish.com; [email protected]
9
10 Courtesy copy of the attached document was sent via Federal Express this 6th day of October,
2006 to:
11
The Honorable Barry Ted Moskowitz
12 United States District Court
5160 Courthouse
13 940 Front Street
14 San Diego, California 92101
15
16 s/ Ed Hendricks, Sr.
17
18
19
20
21
22
23
24
25
26
27
28
Cé§é“2:02-cv-02218-BTIVI-LSP Document 321 Filed 10/06/2006 P8Q914b.@I\A·)222l8PHXEHC

Case 2:02-cv-02218-BTM-LSP

Document 321

Filed 10/06/2006

Page 1 of 4

Case 2:02-cv-02218-BTM-LSP

Document 321

Filed 10/06/2006

Page 2 of 4

Case 2:02-cv-02218-BTM-LSP

Document 321

Filed 10/06/2006

Page 3 of 4

Case 2:02-cv-02218-BTM-LSP

Document 321

Filed 10/06/2006

Page 4 of 4