Free Declaration in Support - District Court of California - California

Case 4:05-cv-04993-SBA

Document 146

Filed 06/30/2008

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Paul Arons, State Bar #84970 685 Spring Street, #104 Friday Harbor, WA 98250 Tel: (360) 378-6496 Fax: (360) 378-6498 [email protected] Ronald Wilcox, State Bar #176601 LAW OFFICE OF RONALD WILCOX 2160 The Alameda, 1st Flr., Suite F San Jose, CA 95126 (408) 296-0400 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BRANDY HUNT and BRIAN CASTILLO, Case No. 05-04993 SBA Case No. 06-02037 SBA et al, on behalf of themselves and others similarly situated, CLASS ACTION Plaintiffs, vs. IMPERIAL MERCHANT SERVICES, d/b/a CHECK RECOVERY SYSTEMS, Defendants. DECLARATION OF PAUL ARONS IN SUPPORT OF PLAINTIFFS MOTION LEAVE TO FILE A MOTION FOR RECONSIDERATION OF JUNE 17, 2008 ORDER GRANTING DEFENDANT'S MOTION TO STAY PROCEEDINGS PENDING APPEALS

I, Paul Arons declare as follows: 1. I am an attorney of record for plaintiffs herein and I make this declaration in support of plaintiffs' request for leave to file a motion for reconsideration of the June 17, 2008 Order staying this action. 2. I am attaching as Exhibit 1 to this declaration an April 24, 2006 letter from Geoffrey Mandly to Clark Garen, which Mr. Garen provided to me during the course of this lawsuit. In the letter, the insurance carrier agrees that Mr. Garen may represent

Case Nos. 05-04993, 06-2037- P. ARONS DECL. IN SUPPORT OF MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF ORDER GRANTING STAY: Page 1

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the defendant, and that the defendant has agreed to bear "the entire cost of the defense
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in this matter," although Mr. Garen's fees may be charged against the $15,000 deductible. In short, defendant gave up its right to have the insurance carrier pay for its defense, so that it could have Mr. Garen as its counsel. Mr. Garen has explained to me, and in his declaration filed in support of the motion to stay on May 8, 2008, that this choice was made so that the Ninth Circuit could rule on the underlying liability issue. However, Mr. Garen has refused plaintiffs' suggestion that it simply stipulate to an adverse judgment which it could then appeal. I declare, under penalty of perjury, that the foregoing is true and correct, that if called as a witness I could competently testify thereto, and that this declaration is executed in Friday Harbor, Washington on June 30, 2008. s/Paul Arons PAUL ARONS

Case Nos. 05-04993, 06-2037- P. ARONS DECL. IN SUPPORT OF MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF ORDER GRANTING STAY: Page 2

Case 4:05-cv-04993-SBA

Document 146

Filed 06/30/2008

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EXHIBIT 1

Case 4:05-cv-04993-SBA

Document 146

Filed 06/30/2008

Page 4 of 4

EXHIBIT 1