Free Memorandum - District Court of Arizona - Arizona

DECLARATION OF VICTORIA CURTIN
I, Victoria Curtin, do hereby declare as follows:
I. I am an attorney licensed to practice in the State of Arizona and admitted
before this Court. I am counsel for defendant Lexcel Solutions, Inc. ("Lexcel") in the
action MasterCard [nfl Inc. v. Lexcel Solutions, Inc., U.S. District Court for the District
of Arizona, No. CV 04-1336 PHX NVW. I make this declaration on my own personal
knowledge.
2. By letter dated April I4, 2005, MasterCard sent by overnight carrier thirty
three disks containing electronic copies of documents. One disk contained documents
relating to MasterCard’s expert reports on claim construction issues. The remaining
documents were described as MasterCard documents, and were numbered l through
3 88,184.
3. I have reviewed tens of thousands of the documents on those disks. In
addition, MasterCard produced an "index" of the documents which does identify the
source of the documents. The documents appear to be the individual computer files of
many MasterCard employees involved in the creation and maintenance of MasterCard’s
simulator programs, both those written by Lexcel and those written by MasterCard’s
offshore vendors that replaced Lexcel. The disks also contain documents from the
outside vendors. The documents date from 1998 through the end of 2004.
4. Included in the documents are memos, notices to MasterCard members and
other materials relating to MasterCard’s switch to its new simulators, its "retirement" of
Lexcel’s simulators, and its policies regarding limitations on the continued use of
Lexcel’s simulators by member banks.
I declare under penalty of perjury that the foregoing is true and correct. Executed
this 20m day of July, 2005.
Victoria Curtin
Case 2:03-cv-01454-JAT Document 145-3 Filed 08/29/2005 Page 1 of 1

Case 2:03-cv-01454-JAT

Document 145-3

Filed 08/29/2005

Page 1 of 1