Free Declaration - District Court of Arizona - Arizona

1 LAW OFFICE
STUART REILLY, P.C.
2 PO Box 80410
Phoenix, Arizona 85060-0410
3 Telephone: 602/912-9200
4 E-mail: sreilly@stuartjreillypccom
Stuart]. Reilly, #005275
5 Attorney for Plaintiff
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7
8 UNITED STATES DISTRICT COURT
9 DISTRICT OF ARIZONA
10 _
Stuart J. Reilly, )
11 ) Case No. CIV O2-2218 PHX BTM
Plaintiff, )
12 ) DECLARATION or MARISA
vs. ) REILLY IN SUPPORT OF
13 ) 1>LA1NT1FF=s RESPONSE TO
14 Charles M. Brewer, Ltd. Profit Sharing Plan ) DEFENDANTS’ MOTION FOR
and Trust, a retirement plan, Charles M. ) ATTORNEY’S FEES
15 Brewer, Ltd. Restated Pension Plan, a )
retirement plan, and Charles M. Brewer, )
16 )
Defendants. )
17 )
18 )
19 Plaintiff, Stuart J. Reilly, submits the Declaration of Marisa Reilly in support of
20 Plaintiff` Response to Defendants’ Motion for Attorney’s fees pursuant to 29 U.S.C. 1132(g)(1)
21 and Local Rule 54.2.
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DEcLARAT1oN or MAR1sA J. marry - PLAINTlFF’S RESPONSE TO DEFENDANTS’ Monoiy Fora ATTORNEY’S mss
REILLY y. civus, LTD. mzom SHARING PLAN AND nzusr, ET AL
Ca 2:O2—cv—O2218—BT|VI—LSP Document 317 Fnled O9/29/2006 Page 1 014

1 DECLARATION OF MARISA J. REILLY
2
3 I, Marisa J. Reilly, under penalty of perjury declare as follows:
4 I am not a party to this action. I submit the following declaration in support of
5 Plaintiff’ s Response to Defendants’ Motion for Attorney’s Fees pursuant to 29 U.S.C.
6 1132(g)(1) and Local Rule 54.2. I state the following facts based upon my own personal
7 knowledge and if called to testify, I would testify to the following;
8 1. I am over 18 years of age.
9 2. I am a paralegal and assisted Plaintiff in that capacity throughout the pendency
10 of this cause of action.
11 3. I was present during the four days of trial of this action in April 2006.
12 4. I knew of Debra Ward only as an employee of Charles M. Brewer, Ltd. Prior to
13 this trial I do not recollect ever engaging in conversation with Ms. Ward beyond a civil
14 greeting.
15 5. Debra Ward approached me and my husband on several occasions during the
16 trial for the purpose of initiating conversation. Those conversations were limited to general
17 pleasantries regarding children and homes.
18 6. I discussed this case and the trial proceedings only once with Mrs. Ward when I
19 encountered her outside the courtroom during a brief break on April 19, 2006.
20 7. I strongly dispute Mrs. Ward’s version of the conversation(s) as recounted in
21 items number 9 — 14 of her declaration.
22 8. My comments were made in direct response to questions posed by Mrs. Ward.
23 9. Mrs. Ward asked why this matter had not settled prior to trial. I responded that
24 Mr. Brewer would rather spend a million dollars to beat Plaintiff than pay the benefits he was
25 owed.
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Ca 2:02-cv-02218-BTIVI-LSP Document 317 Filed O9/29/2006 Page 2 of 4

1 10. Mrs. Ward corrected me saying that the suit had cost Mr. Brewer closer to 1.5
2 million dollars. I was appalled at that information.
3 11. Mrs. Ward pressed me to tell how much the suit had cost Plaintiff I responded
4 that because Plaintiff had represented himself, the greatest cost had been the expert witness. I
5 did not state the amount, but the amount recounted by Mrs. Ward in her declaration is
6 consistent with Mr. Shardlow’ s testimony.
7 12. Mrs. Ward said that Brewer would appeal a Plaintiff verdict and inflict even
8 more cost on Plaintiff I replied that "we can handle it."
9 13. Mrs. Ward also tried to engage me in settlement negotiations, asking what it
10 would take to settle the case.
11 14. I considered Mrs. Ward’s attempts to negotiate a settlement inappropriate and
12 unprofessional and stated firmly that only the Plaintiff and Defendant should engage in such
13 negotiations.
14 15. Mrs. Ward’s accusations that I "launched into a torrent of abuse directed at
15 Mr. Brewer", and was "very emotional raising her voice on several occasions" are
16 completely untrue. The entire conversation took place immediately outside the courtroom
17 overlooking the echo-sensitive atrium of the federal building. Our conversation did not attract
18 undue attention from Defendants, Plaintiff or witnesses standing in the vicinity.
19 16. After this disturbing conversation during which Mrs. Ward persistently pumped
20 me for information, I intentionally avoided further one-on-one contact with her.
21 I declare under penalty of perjury of the laws of the United States of American that the
22 foregoing is true and correct.
23 Executed this 29th day of September 2006 in Dallas, Texas.
24 r _
25 K./‘c/·-¢é’-» - ’
26 Marisa Reilly
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DEcrARArroN or MARrsA J. Rrarrry . 1>rArNrrrF’s RESPONSE ro DEFENDANTS’ Morrorv Fon ATTORNEY’S mas
Ca 2:02-Cv-0221 8-BrM‘?Ei%`E>“ “`E>%ELD¢§§%1‘§1“f““NGEh€é*`6“3/E‘§*§©’?>Té“ page 3 Or 4

1 CERTIFICATE OF SERVICE
2 I hereby certify that on September 29th, 2006, I electronically transmitted the attached
document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice
3 . . . . . _
of Electronic Filing to be electronically mailed to.
4
Ed Hendricks, Esq.
5 Michael K. Dana, Esq.
MEYER HENDRICKS PLLC
6 3003 North Central Avenue, Suite 1200
Phoenix, AZ 85012
7
8 Michael Vanic, Esq.
C. Frederick Reish, Esq.
9 REISH LUFTMAN REICHER & COHEN
11755 Wilshire Blvd., 10th Floor
1Q Los Angeles, CA 90025-1539
11 Courtesy copy of the attached document mailed this 29th day of September 2006 to:
12 Hon. Barry Ted Moskowitz
13 United States District Court
5160 Courthouse
14 940 Front Street
San Diego, CA 92101
15
s/ Marisa J. Reilly
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DECLARATION or MARrsA J. REILLY - PLAINTIFF’S RESPONSE TO DEFENDANTs’ MOTION Fon ATToRNEY’s FEEs
REILLY v. 0MB, LTD. PROFIT SHARING PLAN AND TRUsT, ET AL
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