Free Affidavit - District Court of Connecticut - Connecticut

Case 3:00-cv-00894-JCH

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Filed 10/27/2003

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT BAY VIEW COMMERCIAL LEASING, INC. Plaintiff, VS. PATRICK GLENN, MICHAEL GLENN AND RONALD R. SCHUELER Defendants. : CIVIL ACTION NO. : : 3:00 CV 894 (JCH) : : : : : : : OCTOBER 24, 2003

DECLARATION OF DAVID M. BIZAR David M. Bizar, being first duly sworn, deposes and says: 1. 2. I am over the age of 18 and believe in the obligations of an oath. I am an associate with the law firm of Day, Berry & Howard LLP, counsel to

Ronald R. Schueler ("Schueler") in the above captioned action. 3. I have personal knowledge of the matters set forth in this Declaration and make the

following declarations to the best of my knowledge and belief. 4. On October 3, 2003, I caused to be mailed to the defendant, Mr. Ronald R.

Schueler, by certified mail, return receipt requested, a copy of the undersigned counsel's Motion to Withdraw Appearance, Memorandum of Law In Support of the Motion, and Declaration. A copy of the certified mail receipt is attached hereto as "Exhibit A." As of the date of this Declaration, the undersigned has not received the signature card back from the Post Office.

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5.

Also on October 3, 2003, I caused to be mailed to Mr. Scott Kapp, Esq. ("Kapp") of

the Chicago office of Arnstein & Lehr, by first class mail, postage prepaid, copies of the aforementioned pleadings. Arnstein & Lehr engaged Day, Berry & Howard, LLP on Mr. Schueler's behalf for these proceedings, and Mr. Kapp has been Arnstein & Lehr's primary contact with Day, Berry & Howard, LLP throughout these proceedings. 5. On October 16, 2003, the Court, Hall, J., issued an Order to Show Cause why the

Motion to Withdraw Appearance should not be granted, which was thereafter served on the undersigned as counsel for the defendant, Mr. Schueler. 6. Pursuant to D. Conn. L. Civ. R. 7(e), on October 24, 2003, I caused copies of the

Order to Show Cause, Motion to Withdraw, and Declaration to be served on Mr. Schueler by overnight mail for Monday delivery. A complete copy of this mailing is attached hereto as "Exhibit B." On said date, I further caused copies of the foregoing to be served on Mr. Kapp by overnight mail for Monday delivery. 7. To this date, Schueler has not returned a signed engagement letter or made any

payments to Day, Berry. Further, neither Schueler nor Mr. Kapp have contacted the undersigned regarding the Motion to Withdraw.

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8.

This concludes my Declaration.

_________________________________ David M. Bizar Subscribed and sworn to before me this 24th day of October, 2003.

_____________________________ Commissioner of the Superior Court

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Case 3:00-cv-00894-JCH

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Filed 10/27/2003

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THIS IS TO CERTIFY that a copy of the foregoing was sent via overnight mail, for Monday delivery, this 24th day of October, 2003 to: Ronald R. Schueler 3201 Camino Sin Nombre Paradise Valley, AZ 85253 Scott Kapp, Esq. Arnstein & Lehr 120 South Riverside Plaza - Suite 1200 Chicago, IL 60606-3910

______________________________________ David M. Bizar

THIS SHALL FURTHER CERTIFY that a copy of the foregoing was sent via first class mail, postage prepaid, this 24th day of October, 2003 to: Dominic Fulco, III, Esq. Michael T. Wade Reid & Riege, P.C. One State Street, 18th Floor Hartford, CT 06103-3185 ______________________________________ David M. Bizar

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