2008-06-30 Dennis Montgomery Declaration (Montgomery v eTreppid)

8/20/2019 2008-06-30 Dennis Montgomery Declaration (Montgomery v eTreppid)

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Case 3:06-cv-00056-PMP-VPC Document 718 Filed 06/30/08 Page 1 of 14

I Mark H Gunderson, Esq. SBN: 2134)

Catherine

A

Reichenberg, Esq. SBN: 10362)

2 GUNDERSON LAW FIRM

5345 Kietzke Lane, Suite 200

3 Reno,Nevada89511

Telephone: 775) 829-1222

4 Facsimile: 775) 829-1226

5 Deborah

A

Klar, Esq. SBN: CA 124750)

Tuneen E Chisolm, Esq. SBN: CA 211741)

6 LINER Y ANKELEVITZ

SUNSHINE REGENSTREIF LLP

7 1100 Glendon A venue, 14th Floor

Los Angeles, California 90024-3503

8 Telephone: 310) 500-3500

Facsimile: 310) 500-3501

9 ADMITTED PRO HAC VICE

10

Attorneys for Plaintiffs

DENNIS MONTGOMERY, THE MONTGOMERY FAMILY TRUST, OPSPRING, LLC, and

11

EDRA BLIXSETH

12

13

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

14 DENNIS MONTGOMERY and the ) Case No. 3:06-CV-00056-PMP-VPC

MONTGOMERY FAMILY TRUST, ) BASE FILE

15 )

Plaintiffs, ) Consolidated with Case No. 3:06-CV-

16 ) 00145-PMP-VPC)

vs. )

17 )

DECLARATION

O

DENNIS

ETREPPID TECHNOLOGIES, LLC, WARREN ) MONTGOMERY IN SUPPORT OF THE

18

TREPP, and the UNITED STATES ) MONTGOMERY PARTIES MOTION

DEPARTMENT OF DEFENSE, )

OR

PROTECTIVE ORDER AND

19 )

DETERMINATION REGARDING

Defendants. )

COMMON INTEREST AGREEMENT

)

)

21 AND RELATED CASES. )

22

23

24

25

26

27

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1 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

0039641/00l/ 38416v01


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1

DECL R TION OF DENNIS MONTGOMERY

2

3 I Dennis Montgomery, declare and state as follows:

4

1.

I have personal knowledge of the facts set forth in this Declaration and, if called as a

5 witness, could and would testify competently to such facts under oath.

6

2.

In early 2006, the Montgomery Parties were involved in litigation with eTreppid in

7 federal and state court and were

lso

in discussions regarding the employment ofme y OpSpring.

8 The Montgomery Parties and OpSpring anticipated (correctly) that after we reached agreement on

9 my employment, OpSpring would be named as a party in the litigation y eTreppid. The

10 Montgomery Parties and OpSpring sought to evaluate the risks and opportunities presented by such

11 anticipated litigation, to prepare for such litigation, and to conduct the litigation efficiently and

12 effectively. In furtherance

of

those goals, the Montgomery Parties and OpSpring agreed that we

13

would exchange information relating to the actual and potential litigation and would maintain all

14 such information in the strictest confidence.

15

3.

Attached hereto as Exhibit A is a true and correct copy of a written Common

16 Interest, Confidentiality, and Cooperation Agreement dated April 5 2006 (hereinafter, the Written

17 Agreement ).

18 4. Pursuant to the parties' agreement as reflected in the Written Agreement, the parties

19 and counsel for the parties exchanged certain confidential information for purposes of evaluating,

20 preparing for, and defending the litigation involving eTreppid.

21 5. In doing so, we abided by the strict confidentiality requirements set out in the

22 Written Agreement and intended that the exchange of information not alter the privileged and

23 confidential nature of the information.

24

25

26

27

28

1

0039641/001/ 38416v01


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6.

he

information exchanged pursuant to the Written Agreement was not shared with

2 any third parties and the Montgomery Parties and OpSpring took appropriate steps to preserve the

3 confidentiality

of

the that information.

4

6 I declare under penalty

of

perjury under the laws

of

the United States

of

America that the

7 foregoing is true and correct.

8 Executed on this 30th

day of

June 2008

at

Ra

9

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00396411001 31J416v01


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EXHIBIT


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COMMON

INTEREST CONFIDENTIALITY AND COOPERATION

AGREEMENT

This

Common

Interest, Confidentiality,

and

Cooperation Agreement ( Agreement ), dated

April

.S.

2006,

is

entered into

y

and

between,

on the

one

hand,

Opspring

LLC,

a Washington

limited liability company, with a principal place ofbusiness

at

600 106th Avenue N.E., Suite 210,

Bellevue, Washington 98004-5043 (the Company'') and, on

the

other hand, Dennis

Montgomery

and

the

Montgomery Family Trust, a California revocable trust (collectively, Montgomery ).

Opspring and Montgomery are each a Party

and

collectively

the

''Parties to this

Agreement.

WHEREAS,

Montgomery developed, owns, and seeks to provide and/or assign certain

intellectual property, technology, and related services to Opspring;

WHEREAS,

the Parties have common legal interests in

i)

lawfully furthering Opspring's

interest in hiring Dennis Montgomery

as an

employee

of

Opspring, purchasing the intellectual

property and technology owned

by

Montgomery, and using the same (and the Parties are engaged in

good faith negotiations for that purpose), (ii) determining the nature, scope, protectability, validity,

enforceability, ownership, and extent

of

violation of Montgomery's intellectual property

and

technology, and eTreppid Technologies, LLC's, a Nevada limited liability company ( eTreppid''),

purported intellectual property, so that each Party

may

exercise due· care with respect to those rights and

minimize litigation risk over

those rights,

(iii) investigating, analyzing, and defending

any

and

all

allegations of trade secrets misappropriation, intellectual property infringement, breach of contract,

conversion, and any and all other potential or actual claims asserted by any eTreppid Party

as

defined in Section 7) against Montgomery and/or Opspring, including but not limited to the

Litigations defined below (collectively, Common Interests );

WHEREAS, Montgomery

and

eTreppid have litigations pending against each other in

various Nevada

state

and federal courts, including a

case

styled

eTreppid

11

Montgomery

No. CV06·

114 in the

Second Judicial District Court ofthe State

of

Nevada in the Country

of Washoe;

cases

styled

eTreppid 11 Montgomery et al. Nos. 3:06-cv-41 and

3:06-cv-145 in the U.S. District Court

for the District of Nevada; a case styled Montgomery

11

eTreppid et al. No. 3:06-cv-56-BES-VPC,

in 1he U.S. District Court for the District ofNevada; and other litigations that

may

arise between the

eTreppid Parties (as defined

in

Section 7)

and

either or

bo1h

of he Parties (the Litigations );

WHEREAS,

the

Parties have

each

employed individual and independent legal counsel

and

may wish to confer confidentially with said legal counsel and each other about the legal issues

concerning the Parties' and eTreppid's rights, intellectual property, and technology;

WHEREAS,

the Parties

are

of

the

opinion that it

is in

their respective best interests

and will

be. necessary to exchange certain confidential infonnation, share certain of their individual attorney

work product, and cooperate in certain endeavors with respect to the legal matters referenced herein,

including without limitation the Litigations and the Common Interests ( Common Interest Efforts );

WHEREAS,

the Parties affum that these

Common

Interest Efforts, because

of

their purpose,

operation, and use, are subject

to

the protections

of,

and

will

require the exchange of Confidential

Materials

as

defined below) which

may each be

subject to the attorney-client privilege, the

work

product doctrine, the common interest privilege, and/or other privileges or protections;

1 CONFIDENTIAL


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WHEREAS, the Parties, through the undersigned and their counsel, desire to memorialize

certain understandings reached among them with respect to their Common Interest Efforts; and

WHEREAS, each Party intends that such past, present,

and

future Common Interest Efforts

shall not constitute, nor be construed as a waiver o

any

attorney-client privilege, work product

protection, or other privilege or protection, to which the Parties

are

entitled individually or

collectively;

NOW TIIEREFORE, n consideration of the mutual representations, warranties and

agreements contained n this Agreement,

and for

other good

and.

valuable consideration, the receipt

and

sufficiency o which are hereby acknowledged, the Parties agree as follows:

Section

I.

Authority. The undersigned

company

representatives o the Parties represent

that they

re

fully authorized

to

enter into this Agreement and on that basis execute this Agreement.

Section 2. Privilege

and

Protection. The Parties affirm that the Common Interest Efforts

t

be undertaken by their respective counsel (including without limitation investigation, compilation,

and

analysis o

data and

documents undertaken by the

Parties.

and their legal counsel), because o

their purpose, operation or use are protected as attorney-client privileged and confidential work

product and

may require the exchange o information, documents or materials subject

to

the attomey

client privilege, work product doctrine, common interest privilege,

and

other privileges

and

protections. Each Party agrees that

it

will protect

and

assert all applicable privileges and protections

in opposition

to any

discovery request or deposition question propounded by any person or entity not

a Party to this Agreement, which seeks information the Party has received or developed relating

t

the Common Interest Efforts.

2.1. Privileges Held Jointly

by

All Parties. All confidential communications

(whether oral or

written)

between the .Parties related

to

the Common Interest Efforts, including

without limitation such communications which precede

the

date o this Agreement, shall

be

subject

to the attorney-client privilege and/or the work product doctrine, and the protection shall be jointly

held by

all

the Parties, except as expressly set forth in Paragraph 2.2 o this Agreement. Documents

turned over

to

one Party by another Party,

no

matter whether before or after execution o this

Agreement,

in

furtherance o the Common Interest Efforts, which

are

otherwise subject to the

attorney-client privilege or the work product doctrine shall be treated as documents delivered

for the

Common Interest Efforts.

As

such, they shall retain their protected character, and the protections

shall be held jointly by the Parties.

2.2.

Privileges and Protections Held Individually

by

a Party or its Counsel.

All

privileged or confidential communications solely between a Party

and

its own counsel, whether

occurring before or after execution o this Agreement, shall remain privileged or otherwise protected

as confidential. Similarly,

an

attorney s work product solely

on

behalf o a Party as its

own

client,

whether created before o after execution of

this

Agreement, shall remain independently protected.

The attorney-client privilege protecting such communications shall be held solely

by

the

communicating Party, and the work product protection protecting such work

product

shall

be

held

solely by the attorney who produced the work product.

2

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2.3.

No New

Attorney-Client Relationship Created. Except for

the

purposes

of the

Common Interest Efforts, nothing

n

this Agreement shall be construed

as

creating or otherwise

giving rise to an attorney-client relationship (for conflicts purposes or otherwise),. between a Party

and counsel for another Party. Further, this Agreement is purely contractual in nature, and shall not

be construed as creating or otherwise imposing a fiduciary or other legal duty or obligation

on any

Party or counsel for

any

Party, exceptas expressly provided in this Agreement.

2.4.

This Agreement

Also

Subject to Common Interest Privilege.

To the

extent

the

Parties, prior

to

the execution of this Agreement, have communicated directly or through

their

attorneys (whether orally and in writing)

to

arrive

at

this Agreement or in furtherance of the

Common Interest Efforts, such communications

as

well

as

this Agreement

are

and shall remain

confidential and subject

to

the attorney-client privilege and work product doctrine. The applicable

privilege and work product protection shall

be

held jointly by the Parties.

2.5. Confidentiality of Agreement. The existence and terms of this Agreement

may

be disclosed only I) in

an

action to enforce the tenns of the Agreement; (2) where reasonably

necessary to accomplish the purposes

of

this Agreement; or (3) where disclosure

is

ordered by a

court of

competent jurisdiction or otherwise required by

law.

Section 3.

Scope. This Agreement governs all of the Confidential Materials exchanged

between, or disseminated

among the

Parties to this Agreement or their counsel.

The term

Confidential Materials means all confidential information, documents, materials or opinions which

a Party receives

from

another Party or its legal counsel n connection with Common Interest Efforts,

and

all

information, documents or materials directly or indirectly derived therefrom,

which

re

subject to the attorney-client privilege, the work product doctrine, the common interest privilege, or

another privilege or protection.

3.1. Communications Not

Covered.

This Agreement does not govern a Party's

confidential communications solely

with its

own counsel, except to the extent that

such

communications contain privileged or protected information received

by

the other Parties

n

connection with the Common Interest

Efforts.

3.2. Marking. Confidential Materials that

are

exchanged n written or document

form and intended

to

be kept confidential should be marked Privileged and Confidential I Subject to

Common Interest Agreement or with a similar legend; provided, however,

that

failure to

mark

privileged, confidential, or otherwise protected Confidential Materials shall not waive any privilege

or other protection. Notwithstanding the foregoing, publicly-available documents (as opposed to

confidential selections, compilations, arrangements, organizations, and annotations thereof) shall

not

constitute Confidential Materials within

the

terms

of

this Agreement.

Section 4:

Puty to Maintain Confidentialitv. To ensure the protection of the mental

impressions, conclusions, opinions, legal theories,

and

other work product of counsel, as

well

as

privileged or confidential information, each Party agrees that Confidential Materials received

from

any other Party shall not be given, shown made available, or communicated n any way

to

anyone

other than:

i)

counsel

for

the Parties,

3

CONFIDENTIAL


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ii)

paralegal assistants and clerical staffs

o

such counsel,

iii) employees, directors, managers, officers and members o the Parties who have a

need to know or are otherwise providing assistance to counsel in connection with advising the

Parties

in

regard to the Parties Common Interests,

iv) any

technical consultant retaine4

by

a Party, provided, however, that any Party

disclosing Confidential Materials to such technical consultants shall frrst require such person to

review and agree in writing to be bound by the terms o this Agreement, and

v) those determined by Opspring in is sole discretion t receive or use

any

Confidential

Materials that

are

not privileged or attorney work product.

4.1. Enlargement.

The

foregoing groups o persons identified above in clauses i)

-

v),

inclusive,

may

be enlarged only upon

the

written consent o each Party producing Confidential

Materials pursuant

to

this Agreement; provided, however, that

i any

Party should withhold such

consent, the withholding Party s own Confidential Materials shall not be disclosed

to

any such

persons

in

the

enlarged group.

Section 5. Non-Waiver. Each Party affirms that Confidential Materials which have been or

will be exchanged among the Parties and counsel in confidence pursuant to the Common Interest

Efforts

are

subject

to

the attorney-client privilege, work product doctrine, common interest privilege,

and

any

other applicable privilege or protection

to

the fullest extend permitted by law. These

privileges and protections may not be waived by any Party to this Agreement without the prior

written consent o

he

Party that produced or generated the Confidential Materials.

5.1. Non-Disclosure. No Party shall, in any litigation initiated by

any

third party

attempt to disclose, introduce into evidence, or rely on another Party s Confidential Materials n any

fushion.

5.2. Notice

o

Compelled Disclosure.

Each

Party to this Agreement will promptly

notify

every

other Party to this Agreement

o any

discovery request, notice

o

deposition, subpoena,

court process, or similar activity that seeks to cause disclosure o the communications and

information subject to this Agreement. Each Party to this Agreement shall resist any attempt by

anyone to

cause disclosure

o

communications

and

information subject

to

this Agreement without

the

express written consent o all Parties to this Agreement.

Section 6. Limitation on Use o Confidential Materials. Each Party agrees that Confidential

Materials received from another Party to this Agreement shall

be

used only in connection with the

Parties Common Interests

and

shall

not

be used for

any

other purpose.

6.1. Exceptions. The prohibitions o this Section 6 shall not apply to

(1)

Non-

Confidential Materials and publicly available information or documents that may be included among

Confidential Materials exchanged pursuant to this Agreement or

2)

any dispute between some

or

all

o the Parties. .

Section 7. Assignment o Montgomery s Claims. Montgomery hereby assigns to Opspring

any

and

all, known or

unknown,

absolute or contingent, present or

future

claims, causes

of action,

and

4 CONFIDENTIAL


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demands

( claims )

th t

Montgomery

has,

had or may

have as

a claimant, counterclaimant or

otherwise) against (i) eTreppid, (ii) Friendly Capital Partners, L.P. ( PCP ), (iii)

The

Fremont Trust,

dated

May

16, 1994 ( FT ),

iv) any

officer, director, manager, member, committee member,

employee, consultant, representative, affiliate, trustee, successor, assignee or agent o eTreppid, PCP

and/or FT,

v)

Warren Trepp and/or vi)

Douglas Frye

(collectively, the eTreppid Parties ), including

without limitation the rights to obtain

payment

and relied, at law and in equity, therefor. Montgomery

authorizes Opspring

to stand in the place o Montgomery

as

the real

party

in interest

as

to all such

claims, including without limitation those claims pied in the Litigations. Pursuant to this assignment,

Opspring shall have the exclusive right in its sole discretion to review and approve the settlement o

any or all claims asserted against

any

eTreppid Parties. Notwithstanding anything to the contrary in

this Agreement or otherwise, nothing in this Agreement shall be construed as Opspring assuming any

ownership, liability, risk, or responsibility o or for any claims, causes o action, or demands any

eTreppid Party may

have

against Montgomery.

Section

8.

Litigation Cooperation.

n

furtherance o the Common Interest Efforts, the

Parties

agree to

cooperate

in

the analysis

and

implementation

o

strategy in the Litigations or other

disputes involving some or all o the Parties that may arise related to the subject matter hereof

(collectively with the Litigations, Disputes ). Opspring agrees to pay a maximum of$1,000,000 per

year for three (3) years to be applied, in Opspring' sole discretion, to Opspring's legal fees and

expenses nd Montgomery's legal

fees

and expenses in connection with the Disputes incurred after

the date o this Agreement. Notwithstanding anything to the contrary in this Agreement,

any

fees or

expenses incurred

by

a Party that are not paid for by Opspring pursuant to the immediately foregoing

sentence shall

be

the sole obligation of the Party incurring such fees or expenses. Subject to the

protections and non-waiver provisions o this Agreement, Opspring shall have the rights, exercisable

in its sole discretion, to select, terminate, replace

and

monitor Montgomery's counsel,

to

review the

files and work product o Montgomery's counsel, and to audit the legal bills o Montgomery's

counsel related to the Litigations; provided, however, that any selection, termination or replacement

o

Montgomery's counsel shall

be

reasonably agreed

to

by

Dennis Montgomery and

the. Company.

Upon notice to Montgomery,

Montgomery

agrees to promptly provide to Opspring, and to direct its

counsel to provide, all information in their possession, custody, or control that Opspring and/or its

counsel request and to cooperate fully in connection with the analysis and implementation o strategy

in the Litigations and in furtherance o he Common Interest Efforts.

Section

9.

No Conflict o Interest or Disqualification. Each counsel has explained fully to

its client the limitations on the direct

use o

the information obtained pursuant

to

this

Agreement.

Each Party represents that it has considered the foregoing and believes that

the

benefits

o

being a

Party

to

this Agreement outweigh any of the limitations imposed hereby. Therefore, as a condition

precedent to the receipt o any Confidential Materials or Common Interest information, each Party

represents

nd

covenants that it will

not and

will not allow its counsel to) assert

any

future

claim

that any attorney covered by this Agreement is disqualified or barred

from

representation by virtue o

its receipt o Confidential Materials or Common Interest information. Neither the existence of this

Agreement, nor the exchange

o

Confidential Materials, nor the assistance and representation by

either Party's legal counsel

to

analyze

and

provide advice, work product, mental impressions, and

opinions regarding the Common Interests shall be used by any Party or its counsel as the basis o any

claim that any legal counsel is disqualified

from

representing any person or entity in any matter,

including the Litigations or a dispute

or

litigation between one or more Parties to this Agreement.

5

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All

Parties to this Agreement and their counsel hereby

waive

their right to seek such disqualification

on that basis.

Section 10. No Admission of Liabilitv. Nothing contained herein

is

intended

to

be, or shall

be deemed to be, an admission of any liability on the part of any Party or of the existence of facts

upon which liability could be based or inferred.

Section 11.

No Prejudice.

This

Agreement

is made

without prejudice

to

the right

of any

Party to claim that privileges or protections greater or other than those specified in this Agreement

exist with respect

to

any information, communication, or docwnent relating

to the

Common

Interests.

Section

12.

Severability. f any prov1s1on of this Agreement

is

deemed invalid or

unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

Section

13.

Modification. Any modification or waiver of this Agreement or addition of a

new party must

be

agreed upon in writing

by

Opspring and Dennis Montgomery.

Any

such

modification

or waiver or addition

of

a

new

party shall be binding on all

of

the Parties, including the

Montgomery Family

Trust.

Sedion 14. Survival. This Agreement shall continue to

be

in full force and effect

notwithstanding the withdrawal

from

or discontinuance of participation in the Common Interest

Efforts by

any

Party to this Agreement.

Any

Party that withdraws from or discontinues participation

in the Common Interest Efforts shall remain

bound

by this Agreement.

Section 15.

FEo.

R. EVID. 408. The Parties intend and agree that this Agreement,

as

well

as

their discussions and communications

among

themselves and with other Parties relating

to the

matters covered in this Agreement,

are to be

afforded the

full

scope

of the

protection provided in

the

Federal Rules of Evidence, including, without limitation, Rule 408, which limits the admissibility of

settlement-related materials.

Section 16. Remedy for Breach.

The

Parties and their counsel acknowledge that disclosure

of

ny

Confidential Materials in violation of this Agreement will cause the non-disclosing Parties

to

suffer irreparable

harm for

which there

is

no

adequate

legal remedy. Notwithstanding other

provisions

of

this Agreement regarding dispute resolution, each Party acknowledges that preliminary,

temporary, or permanent relief-including injunctive relief, prohibiting each other Party

and

its

counsel, and/or prohibiting

any

third party (and/or its counsel) to

whom

any Confidential Materials

have been disclosed, from disclosing or using any such Confidential Materials in any manner not

expressly contemplated

by

this Agreement, without proof

of

actual damages and without

any

requirement

for

the securing or posting

of

a

bond is an

appropriate and necessary

remedy for

violation of this Agreement. In addition to any other remedies available, performance of this

Agreement

may be

specifically .ordered.

The

Parties hereby expressly consent to the personal

jurisdiction of

the

state and federal courts located in

King County

Washington

for

any lawsuit filed

there arising

from

or related to this Agreement

to seek

injunctive relief. agree that

the

prevailing

party will be entitled to its costs and attorneys fees incurred in any litigation or dispute relating

to

the interpretation or enforcement

of

this

Agreement.

6

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Section 17. Limitations. his Agreement shall not constitute a modification or waiver

of

any

Party's rights, claims or defenses against the other Parties.

Section

18.

Successors. This Agreement shall

be

binding on and inure to the benefit

of

the

Parties' successors, inheritors, heirs,

and

assigns.

Section 19. Choice

of

Law

and

Arbitration. This Agreement shall be governed

and

construed

in accordance with the laws of the State of Washington (without regard to its choice of law rules).

Except

for

the right

of

the Parties to seek injunctive relief in court, in

the

event

of

any dispute

arising

from or related to the Common Interest Efforts, those disputes will be resolved exclusively

by final

and binding arbitration conducted by a neutral arbitrator appointed by Judicial Dispute Resolution

LLC ( JDR ) of Seattle, Washington.

f

JDR is unable or unwilling

to

so act, then t shall be

substituted with the Seattle office of Judicial Arbitration and Mediation Services,

Inc.

( JAMS ).

The only parties to the arbitration shall be the Parties. Reasonable discovery will be permitted and

the arbitrator may decide

any

issue as

to discovery.

The arbitrator shall prepare a written award

stating the findings of fact and conclusions of law that form the basis for that award. Each party may

be represented by counsel at the arbitration. The location of the arbitration shall

be

Seattle,

Washington. Judgment upon the

award

may be entered

by any

court having jurisdiction of the

matter. The arbitrator's fees will be paid in equal portions

by

the Parties. The substantially

prevailing party is entitled to recover its reasonable attorneys'

fees

and expenses in conjunction with

the arbitration

award.

Section 20. Entire Agreement: Counterparts. This Agreement constitutes the entire

understanding

of

the Parties with respect

to the Common

Interest Efforts. This Agreement

may be

signed in counterparts

and

each signed counterpart shall be

deemed

an original document.

Section

21.

Notices. All notices under this Agreement shall be sent to the Parties and legal

counsel for the Parties at the last known

address

therefor.

Section

22.

Interpretation. Each Party and its counsel have participated fully in the review

and revision of this Agreement. Any rule of interpretation or doctrine of contr proferentem to the

effect that ambiguities are to be construed against the drafting Party shall not apply in interpreting

this Agreement.

IN

WITNESS THEREOF, the Parties

have

executed this Agreement as

of

the date first set

orth

above.

Opspring LLC

By:

7

CONFIDENTIAL


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By

Brenda Montgomery Co-Trustee

8

CONFIDENTIAL


13/14


1

CERTIFICATE OF SERVICE

2 Pursuant to NRCP 5(b) I certify that I am an employee of the Law Offices Of Liner

Yankelevitz Sunshine RegenstreifLLP, and tliat on June 30, 2008, I caused to be

3 served the within document oescribed as

DECLARATION OF DENNIS

MONTGOMERY IN SUPPORT OF THE MONTGOMERY PARTIES MOTION FOR

4

PROTECTIVE ORDER AND DETERMINATION REGARDING COMMON INTEREST

AGREEMENT

on the interested parties in this action as stated below:

5 1 f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t i

J Stephen Peek, Esq.

6 Jerry M. Snyder, Esq.

Hale

Lane

Peek Dennison and

Howard

7 5441 Kietzke Lane, Second Floor

Reno,

Nevada

89511

8 (775) 327-3000; 786-6179 - FAX

[email protected]; [email protected]

9 Attorneys for eTreppid and Warren Trepp

10 Reid H. Weingarten, Esq.

Brian

M. Heberlig, Esq.

11

Robert A. Ayers, Esq.,

Steptoe Johnson, LLP

12 1330 Connecticut Avenue, N.W.

Washington, D.C. 20036-1795

13 (202) 429-3000; (202) 429-3902 - FAX

[email protected];

14 [email protected]; [email protected]

Attornevs for eTrennid

and

Warren Trenn

15 Greg Addington,

AUSA

U.S.

DEPARTMENT

OF

JUSTICE

16 100 W. Liberty Street. Suite 600

Reno,

Nevada

89501

17 E-mail: [email protected]

(775) 784-5181 - FAX

18 Attorneys for Department of Defense

19 Jacquelyn

A.

Beatty, Esq.

Karr Tuttle Campbell

20

1201 Third Avenue, Suite 2900

21

Seattle, Washington 98101

Fax: (206) 682-7100

22

E-mail: [email protected]

Attorneys for Michael Sandoval

Carlotta P Wells, Sr. Trial Counsel

U.S. Dept. of Justice; Fed. Programs Branch

Civil Division, Room 7150

20

Massachusetts A venue, NW

Post

Office

Box

883

Washington, D.C.

20044

(202) 514-4522; 616-8470 -

FAX


Attornevs for Department

of

Defense

Raphael

0.

Gomez, Esq., Sr. Trial Counsel

U.S. Dept.

of

Justice, Fed. Programs Branch

Civil Division,

Room

6144

20

Massachusetts Avenue,

NW

Post Office Box 883

Washington, D.C. 20044

(202) 514-1318; 616-8470- FAX


Attorneys for Department

of

Defense

Bridget Robb Peck, Esq.

Lewis and

Roca

LLP

50

West

Liberty Street, Suite 410

Reno,

Nevada

89501

Tel: (775) 823-2900; Fax: (775) 823-2929

[email protected]

Attorneys for Atigeo

LLC

and Michael Sandoval

Robert E Rohde, Esq.

Gregory Schwartz, Esq.

Rohde

Van

Kampen

1001 Fourth Avenue, Suite

4050

Seattle, Washington 98154

Tel: (206) 386-7353Fax: (206) 405-2825


A ttornevs for

Ati eo LLC

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L E T R O N I l By filing the document(s) electronically with the U.S.

istrict Court and therefore the court s computer system has electronically

deltvered a < .OPY o f ~ h foregoing documentls) to tlie persons listed above at

their respective email address.

1

0039641/00I/ 38416v01


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11

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21

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I declare under penalty

of

perjury under the laws

of

the State

of

California and

the United States ofAmerica that the foregoing is true and correct.

Executed on June 30, 2008, at Los Angeles,

SklarK Toy

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2

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