Free Declaration - District Court of Arizona - Arizona

1 Ed Hendricks. (Arizona Bar No. 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 (California 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
16 Plaintiff, (Honorable Barry T Moskowitz)
vs. SUPPLEMENTAL DECLARATION
17 OF DEBORAH WARD IN SUPPORT
Charles M. Brewer, Ltd., Profit Sharing Plan OF 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)(l), 29 U.S.C. §
19 retirement plan; Ross Gordon and Associates, l132(g)(I), AND LOCAL RULE 54.2
Inc., a corporation; and Charles M. Brewer,
20
21
22 Defendants Charles M. Brewer ("Mr. Brewer"), Charles M. Brewer, Ltd. Profit
23 Sharing Plan & Trust (the "PS Plan"), and Charles Mr. Brewer, Ltd. Restated Pension Plan
24 (the "Pension Plan) (collectively the "Brewer Defendants") submit the Supplemental
25 Declaration of Deborah Ward in support of said Defendants’ Motion for Attomey’s Fees
26 pursuant to ERISA § 502(g)(l), 29 U.S.C. § 1132(g)(1), and Local Rule 54.2.
27
28
Oase¤2:02—cv—02218—BTI\/I—LSP Document 320 Filed 10/06/2006 Pageojyo/foérzzigpiix EUC
353719 l

1 SUPPLEMENTAL DECLARATION OF DEBORAH WARD
2
3 I, Deborah Ward, declare:
4 I am not a party to this action. I submit the following declaration in support of
5 Defendants’ Motion For Attorney’s Fees Pursuant to ERISA § 502(g)(l ), 29 U.S.C. §
6 1 l32(g)(l), and Local Rule 54.2. I state the following facts based upon my own personal
7 knowledge and if called to testify, I could and would testify competently thereto:
8 l. I am over 18 years of age.
9 2. I have read the Declaration of Marisa J. Reilly filed by Plaintiff in Support of
10 Plaintiffs Response to Defendants’ Motion for Attorney’s Fees. Many of her statements
11 therein are untrue. However, I will respond to only a few of them.
12 3. With regard to paragraph l0 of Mrs. Reilly’s declaration, I made no statement to
13 Mrs. Reilly as to how much the litigation had cost the Plan and Mr. Brewer. My purpose in
14 speaking with her was to ascertain if there was any basis on which the case could be settled.
15 Telling her the financial damage being caused to the Plan and Mr. Brewer would not have
16 advanced that purpose, but more than likely would have encouraged the Plaintiff to continue.
17 Mrs. Reilly told me that she knew it had cost over $1,000,000 to defend Plaintiffs claims.
18 That statement was consistent with the statement that Plaintiff made in his letter to Mr. Vanic
19 dated January 20, 2006 wherein he stated: "It is not unreasonable to estimate that expenses to
20 date have reached $1,000,000 and to estimate that an additional $300,000 to $500,000 will be
21 incurred by the PS Plan for trial expenses." [See: Vanic Decl., Exhibit "17," p. 3]
22 4. With regard to paragraph l l of Mrs. Reilly’s declaration, I made no effort to
23 determine how much the lawsuit had cost Plaintiff and asked no questions in that regard. It
24 was obvious that the out of pocket expenses to Plaintiff were minimal as he was representing
25 himself. Mrs. Reilly volunteered in connection with her statement that she knew the lawsuit
26 cost the Plan and Mr. Brewer over $1,000,000 that it "only cost Plaintiff $35,000 to $40,000
27 and most of that was for Mr. Shardlow." The unstated implication of her statement and the
28 way she made it was that while the lawsuit was damaging the Plan and Mr. Brewer
Case 2:02—cv—02218—BTI\/I-LSP Document 324) Filed 10/06/2006 Pagek2(qt(g22l8PHX BHC

1 significantly, it was little financial burden to the Plaintiff.
2 5. With regard to paragraph l2, I did @ say that “Brewer would appeal a Plaintiff
3 verdict and inflict even more cost on Plaintiff." Such a statement would have been
4 nonsensical since the total of the claims Plaintiff was presenting at trial through Mr. Shardlow
5 was in the approximate range of the offer of judgment made by the Defendants shortly before
6 trial, and I was speaking with Mrs. Reilly in an effort to "stop the bleeding" not to exacerbate
7 it. The Brewer Defendants were desirous of settlement- not further litigation.
8
9 I declare under penalty of perjury of the laws of the United States of America that the
I0 foregoing is true and correct. Executed this 5th day of October 2006 at Oakland, Nebraska.
l I
12 I V p ;.,~ in 4
13 Deborah Ward
l4
15
l6
I7
l8
19
20
2l
22
23
24
25
26
27
28
Gaee¤2:02—cv-02218—BTIVI—LSP Document 320 Filed 10/06/2006 PageO3Cp,f(,422,8P,,X EHC

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 ICC using the CFM/ECF System for filing and transmittal of a
4 Notice of Electronic Filing to the following CM/ECF registrants:
5 Edwin F. Hendricks, Sr. — efhendricksgagmeyerhendricks.com
6 Stuart J. Reilly — sreilly@,stuartjreillypccom; [email protected]
7 C. Frederick Reish, Jr. — [email protected]; sanmitchell@,reish.com
8 Michael A. Vanic — mikevanic@,reish.com; [email protected]
9
Courtesy copy of the attached document was sent via Federal Express this 6th
10 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 s/ Ed Hendricks, Sr.
16
17
18
19
20
21
22
23
24
25
26
27
28
C’@SE·'2ZO2-CV-02218-BTI\/I-LSP Document 3240 Filed 10/06/2006 Page,k4@Mm18pHX BHC
353719,1

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

Document 320

Filed 10/06/2006

Page 1 of 4

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

Document 320

Filed 10/06/2006

Page 2 of 4

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

Document 320

Filed 10/06/2006

Page 3 of 4

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

Document 320

Filed 10/06/2006

Page 4 of 4