Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:04-cv-01324-JJF—LPS Document 116-19 Filed 10/26/2005 Page 1 013
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Case 1:04-cv—01324-JJF-LPS Document 116-19 Filed 10/26/2005 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
IN AND FOR TI-IE DISTRICT OF DELAWARE
THOMAS A. EAMES, ROBERTA L. EAMES )
and TAMMY EAMES, on behalf of )
themselves and all others )
similarly situated, )
)
Plaintiffs, ) C.A. No. 04-CV-1324KAJ
J
V- )
)
NATIONWIDE MUTUAL INSURANCE )
COMPANY, )
)
Defendant. )
AFFIDAVIT OF HEATHER R. JONES
Heather R. Jones, being duly swom, deposes and says:
l. I am a paralegal employed by the law firm of Murphy Spadaro & Landon, counsel to
the Eames plaintiffs herein. I make this affidavit on personal knowledge.
2. In March 2005, the Eames plaintiffs served document subpoenas on three of
Nationwide's Delaware insurance agents -- Lisa Broadbent Insurance, Inc., Truitt Insurance
Agency, Inc., and Glenn Deaton Agency, Inc. In April 2005, the Eames plaintiffs served another
document subpoena on a fourth Nationwide insurance agency, Cynthia C. I·Ioban Agency of
Frankford, Delaware.
3. Negotiations ensued between the Eames plaintiffs and attorney Robert J. Leoni,
counsel to the four subpoenaed insurance agencies. On April 27, 2005, the Eames plaintiffs
agreed to accept, in satisfaction of the subpoenas, a random production of thirty-five auto
insurance files from each of the subpoenaed agencies. Under this agreement, therefore, the four
agencies produced a total of 140 auto insurance files.
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Case 1:04-cv-01324-JJF—LPS Document 116-19 Filed 10/26/2005 Page 3 of 3
4. At the direction of attorney John S. Spadaro, counsel to the Eames plaintiffs, I have
reviewed the 140 files produced bythe four subpoenaed agents. Of those tiles, forty-eight appear
to involve the sale or purported sale by Nationwide of thc statutory minimum PTP limits of
$15,000 per person and $30,000 per accident. In every instance but one, the agents characterized
PIP as "t`u1l."
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Heather R. Jones
SWORN TO AND SUBSCRIBED before me, a Notary Public in and for the State and
County aforesaid.
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NOTARY PUBLIC
My Commission Expires: @'5>(·[ {
DAWN M. WILLIAMSON
NOTARY PUBLIC
STATE OF DELAWARE
My Commission Exp. 8-31-09
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