Free Declaration - District Court of Delaware - Delaware

Case 1 :05-mc-00020-KAJ Document 6 Filed O3/O9/2005 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ELLEN JANE KUTTEN, ET AL.,
Plaintiffs, MISCELLANEOUS ACTION
v_ Case No. 05—20
BANK OF AMERICA, N.A., ET AL.
Defendants.
DECLARATION OF MARY HACKETT IN SUPPORT OF NATIONS FUNDS TRUST’S
‘ OPPOSITION TO THE MOTION TO COMPEL 1
I, Mary Hackett, declare and state;
l. I am a partner with the law firm of Reed Smith LLP’and serve as counsel to Bank
of Arnerica, N.A., and the Bank of America Corporation (collectively "Bank"), in the case
Kutten v. Bank of America, NA., Case No. 4:04CV00244, pending in the United States District
Court for the Eastern District of Missouri ("Missouri Case"). As such, I have personal
knowledge ofthe facts stated herein.
2. The Plaintiffs in the Missouri Case, Ellen Jane Kutten and Mary Ann Arnold
(collectively "Plaintiffs") allege that they were the beneficiaries of certain trusts ("Trusts") for
which the Bank served as trustee and challenge conduct concerning the investment of some of
the trust assets in Nations Funds between 2000 and 2002. The statements for the Trusts reflect
that the Trust assets were invested in only a small number of Nations Funds.
3. The Plaintiffs, have propounded 72 document requests and I5 interrogatories on
the Bank in the Missouri case (“Missouri Discovery").
va—94398

Case 1:05-mc-00020-KAJ

Document 6

Filed 03/09/2005

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Case 1:05-mc-00020-KAJ

Document 6

Filed 03/09/2005

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