Montgomery v eTreppid # 690 | Montgomery Declaration Re FBI Materials w Exhibits

8/20/2019 Montgomery v eTreppid # 690 | Montgomery Declaration Re FBI Materials w Exhibits

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Case 3:06-cv-00056-PMP-VPC Document 690 Filed 06/20/08 Page 1 of 3

I Mark H Gunderson, Esq. SBN: 2134)

Catherine A Reichenberg, Esq. SBN: 10362)

2 GUNDERSON L W FIRM

5345 Kietzke Lane, Suite 200

3 Reno, Nevada 89511

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

I

0 Attorneys for Plaintiffs

DENNIS MONTGOMERY, THE MONTGOMERY

11

FAMILY TRUST, OPSPRING, LLC, and EDRA

BLIXSETH

12

13

14

UNITED ST TES DISTRICT COURT

DISTRICT OF NEV D

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

15 MONTGOMERY FAMILY TRUST, ) BASE FILE

)

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

) 00145-PMP-VPC)

17

vs. )

)

DECL R TION

OF DENNIS

18 ETREPPID TECHNOLOGIES, LLC, WARREN )

MONTGOMERY

REG RDING

TREPP, and the UNITED STATES ) EFFORTS TO SE RCH

FOR

CDS

19 DEPARTMENT OF DEFENSE, )

DEPICTED IN

FBI PHOTOS

)

20 Defendants. )

11 --------------- »

21 )

AND RELATED CASES. )

)

23

24

25

26

27

28

0039641/0011397241 v02


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DECLARATION OF DENNIS MONTGOMERY

2

3 I Dennis Montgomery, declare and state as follows:

4

1.

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

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

6

2.

I have reviewed the documents bearing document control numbers FBI 00001

7 through FBI 00254 which I understand to have been produced by eTreppid Technologies

LLC

8 ( eTreppid ) to my attorneys in this action. I am informed that these documents were obtained by

9 eTreppid from the Federal Bureau o Investigation ( FBI ). I am further informed that the FBI

1O contends that these documents are photographs o items that it returned to me after initially seizing

11

them from me pursuant to search warrants.

12

3.

To the extent the documents marked FBI 00001 - FBI 00254 purport to depict items

13 that the FBI seized from me and later returned to me, the documents appear to be inaccurate in

14

certain respects. For example, the item shown in the very first photograph included in these

15 documents, FBI 00001, was neither seized from nor returned to me. t does, however, appear to be

16 the case that many o the items depicted in these photographs were given to me by the FBI in

17

approximately March 2007.

18

4. Within the universe

o

documents marked FBI 00001 - FBI 00254, are documents

19 that appear to be photographs o CDs. These documents are marked with document control

20 numbers FBI 00059 - FBI 00120 ( the FBI CD Photos ). Also included in this universe o

21 documents are documents bearing control numbers FBI 00194 - FBI 00254. These documents

22 appear to be exact duplicates o the FBI CD Photos marked FBI 00059 - FBI 00119.

23

5.

I have attempted to identify and locate the CDs depicted in the FBI CD Photos. To

24

do so, I relied not only on the FBI CD Photos themselves, but also on a CD and a DVD I was given

25 by

my counsel which appear

to

contain clearer images

o

the CDs depicted in the FBI

CD

Photos.

26

6. Based on my efforts to this point, I have been able to identify the following CDs

27 which I reasonably believe are depicted in the FBI CD Photos:

28

2

0039641100 II 397241 v02


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2

3

4

5

6

7

8

9

7

• the CDs depicted in the reproductions attached hereto as Exhibit A, which

reproductions I am informed and believe were produced to eTreppid on March

14, 2008;

• the CDs depicted in the reproductions attached hereto as Exhibit B, which CDs I

delivered to counsel for the United States on June I 0, 2008 because I believe

these CDs contained information subject to the U.S. Protective Order in this

case; and

• the CDs depicted in the reproductions attached hereto as Exhibit C.

Despite my diligent efforts, I have not yet been able

to

locate a small number (less

10 than five) of the CDs depicted in the FBI CD Photos and I cannot say with absolute certainty that

11

all

of

the CDs reproduced

on

Exhibits A,

Band

C (the

CD

Reproductions ) match CDs depicted

12 in the FBI CD Photos. Both my inability to locate a small number ofCDs and my inability to be

13 certain that each of the CDs in the CD Reproductions matches a CD in the FBI CD Photos are due

14 to one or more of the following circumstances: (i) I could not clearly read the label on a CD

15 depicted in the FBI CD Photos (e.g., the print or writing is fuzzy or illegible); (ii) a CD depicted in

16 the FBI CD Photos has no label or a label that is not sufficiently descriptive

to

enable me to be

17 certain that it is a CD in my possession; (iii) certain CDs in my possession have lost their labels so I

18 cannot be certain whether or not they are depicted in the FBI CD Photos; and (iv) as of the date of

19 this declaration, I have been unable to locate within my possession a CD depicted on the FBI CD

20 Photos.

21 8 I have spent

at

least 48 hours attempting to identify and locate the CDs depicted in

22 the FBI CD Photos.

23 I declare under penalty of perjury under the laws of the United States of America that the

24 foregoing is true and

o r r e ~

25 Executed on

t i ~

day

of

June, 2008, at Rancho Mi e, California.

26

27

28

0039641/001/ 397241v02

3


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Montgomery v eTreppid # 690 | Montgomery Declaration Re FBI Materials w Exhibits

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