Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 9 of 21

DECLARATION OF DENNIS MONTGOMERY

1
2
3

I, Dennis Montgomery, declare and state as follows:

1.

I have personal knowledge of the facts set forth in this Declaration and, if called as a

5 witness, could and would testify competently to such facts under oath.
6

2.

In early 2006, the Montgomery Parties were involved in litigation with eTreppid in

7 federal and state court and were also in discussions regarding my employment by OpSpring. The
8 Montgomery Parties and OpSpring anticipated (correctly) that after we reached agreement on my
9 employment, OpSpring would be named as a party in the litigation by eTreppid. The Montgomery
1O Parties and OpSpring sought to evaluate the risks and opportunities presented by such anticipated
11 litigation, to prepare for such litigation, and to conduct the litigation efficiently and effectively. In
12 furtherance of those goals, the Montgomery Parties and OpSpring agreed that we would exchange
13 information relating to the actual and potential litigation and would maintain all such information
14 in the strictest confidence.
15

3.

Attached hereto as Exhibit A is a true and correct copy of a written Common

16 Interest, Confidentiality, and Cooperation Agreement dated April 5, 2006 (hereinafter, the "Written
17 Agreement") which I executed.
18

4.

Pursuant to the Written Agreement, the parties and counsel for the parties were and

19 are obligated to share the confidential information only for purposes of evaluating, preparing for
20 and defending the litigation involving eTreppid.
21

5.

In doing so, both the Montgomery Parties and OpSpring were and are obligated to

22 abide by the strict confidentiality requirements set out in the Written Agreement and intended that
23 the exchange of information not alter the privileged and confidential nature of the information.
24

6.

The Montgomery Parties are not aware that any of the confidential information has

25 been provided to any third party not entitled to review the information pursuant to the terms of the
26 Written Agreement.

27

28
7
0039641/00 l/ 38405v06

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 10 of 21

I declare under penalty of perjury under the laws of the United States of America that the

2 foregoing is true and correct.

3

Executed on this 30th day of June, 2008, at Rancho Mir

4
5
6

7
8

9
JO
II
12

13
14
15

16
17

18
19
20
21
22

23

24
25

26
27
28
8

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 11 of 21

EXHIBIT A

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 12 of 21

COMMON INTEREST, CONFIDENTIALITY, AND COOPERATION AGREEMENT

This Common Interest, Confidentiality, and Cooperation Agreement ("Agreement"), dated
April 5.., 2006, is entered into by and between, on the one hand, Opspring LLC, a Washington
limited liability company, with a principal place of business at 600- 106th Avenue N.E., Suite 210,
Bellevue, Washington 98004-5043 (the "Company") and, on the other hand, Dennis Montgomery
and the Montgomery Family Trust, a California revocable trust (collectively, "Montgomery").
Opspring and Montgomery are each a "Party" and collectively the "Parties" to this Agreement.
WHEREAS, Montgomery developed, owns, and seeks to provide and/or assign certain
intellectual property, technology, and related services to Opspring;
WHEREAS, the Parties have common legal interests in (i) lawfully furthering Opspring's
interest in hiring Dennis Montgomery as an employee of Opspring, purchasing the intellectual
property and technology owned by Montgomery, and using the same (and the Parties are engaged in
good faith negotiations for that purpose), (ii) determining the nature, scope, protectability, validity,
enforceability, ownership, and extent of violation of Montgomery's intellectual property and
technology, and eTreppid Technologies, LLC's, a Nevada limited liability company ("eTreppid''),
purported intellectual property, so that each Party may exercise due care with respect to those rights and
minimize litigation risk over those rights, (iii) investigating, analyzing, and defending any and all
allegatiorts of trade secrets misappropriation, intellectual property infringement, breach of contract,
conversion, and any and all other potential or actual claims asserted by any eTreppid Party (as
defined in Section 7) against Montgomery and/or Opspring, including but not limited to the
"Litigations" defined below (collectively, "Common Interests");
WHEREAS, Montgomery and eTreppid have litigations pending against each other in
various Nevada state and federal courts, including a case styled eTreppid v. Montgomery, No. CV06
114 in the Second Judicial District Court ofthe State of Nevada in the Country of Washoe; cases
styled eTreppid v. Montgomery, et al., Nos. 3:06-cv-41 and 3:06-cv-145 in the U.S. District Court
for the District of Nevada; a case styled Montgomery v. eTreppid, et al., No. 3:06-cv-56-BES-VPC,
in the U.S. District Court for the District of Nevada; and other litigations that may arise between the
eTreppid Parties (as defined in Section 7) and either or both of the Parties (the "Litigations'');
WHEREAS, the Parties have each employed individual and independent legal counsel and
may wish to confer confidentially with said legal counsel and each other about the legal issues
concerning the Parties' and eTreppid's rights, intellectual property, and technology;
WHEREAS, the Parties are of the opinion that it is in their respective best interests and will
be necessary to exchange certain confidential infonnation, share certain of their individual attorney
work product, and cooperate in certain endeavors with respect to the legal matters referenced herein,
including without limitation the Litigations and the Common. Interests ("Common Interest Efforts");
WHEREAS, the Parties affirm that these Common Interest Efforts, because of their purpose,
operation, and use, are subject to the protections of, and will require the exchange of Confidential
Materials (as defined below) which may each be subject to the attorney-client privilege, the work
product doctrine, the common interest privilege, and/or other privileges or protections;
1

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 13 of 21

WHEREAS, the Parties, through the undersigned and their counsel, desire to memorialize
certain understandings reached among them with respect to their Common Interest Efforts; and
WHEREAS, each Party intends that such past, present, and future Common Interest Efforts
shall not constitute, nor be construed as, a waiver of any attorney-client privilege, work product
protection, or other privilege or protection, to which the Parties are entitled individually or
collectively;
NOW TIIBREFORE, in consideration of the mutual representations, warranties and
agreements contained in this Agreement, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Authority. The undersigned company representatives of the Parties represent
Section 1.
that they are fully authorized to enter into this Agreement and on that basis execute this Agreement.
Section 2. Privilege and Protection. The Parties affirm that the Common Interest Efforts to
be undertaken by their respective counsel (including without limitation investigation, compilation,
and analysis of data and documents undertaken by the Parties and their legal counsel), because of
their purpose, operation or use, are protected as attorney-client privileged and confidential work
product and may require the exchange of information, documents or materials subject to the attomeyclient privilege, work product doctrine, common interest privilege, and other privileges and
protections. Each Party agrees that it will protect and assert all applicable privileges and protections
in opposition to any discovery request or deposition question propounded by any person or entity not
a Party to this Agreement, which seeks information the Party has received or developed relating to
the Common Interest Efforts.
2.1.
Privileges Held Jointly by All Parties. All confidential communications
(whether oral or written) between the Parties related to the Common Interest Efforts, including
without limitation such communications which precede the date of this Agreement, shall be subject
to the attorney-client privilege and/or the work product doctrine, and the protection shall be jointly
held by all the Parties, except as expressly set forth in Paragraph 2.2 of this Agreement. Documents
turned over to one Party by another Party, no matter whether before or after execution of this
Agreement, in furtherance of the Common Interest Efforts, which are otherwise subject to the
attorney-client privilege or the work product doctrine shall be treated as documents delivered for the
Common Interest Efforts. As such, they shall retain their protected character, and the protections
shall be held jointly by the Parties.

2.2. Privileges and Protections Held Individually by a Party or its Counsel. All
privileged or confidential communications solely between a Party and its own counsel, whether
occurring before or after execution of this Agreement, shall remain privileged or otherwise protected
as confidential. Similarly, an attorney's work product solely on behalf of a Party as its own client,
whether created before of after execution of this Agreement, shall remain independently protected.
The attorney-client privilege protecting such communications shall be held solely by the
communicating Party, and the work product protection protecting such work product shall be held
solely by the attorney who produced the work product.
2

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 14 of 21

2.3.
No New Attornev-Client Relationship Created. Except for the purposes of the
Common Interest Efforts, nothing in this Agreement shall be construed as creating or otherwise
giving rise to an attorney-client relationship (for conflicts purposes or otherwise), between a Party
and counsel for another Party. Further, this Agreement is purely contractual in nature, and shall not
be construed as creating or otherwise imposing a fiduciary or other legal duty or obligation on any
Party or counsel for any Party, except as expressly provided in this Agreement.
2.4.
This Agreement Also Subject to Common Interest Privilege. To the extent the
Parties, prior to the execution of this Agreement, have communicated directly or through their
attorneys (whether orally and in writing) to arrive at this Agreement or in furtherance of the
Common Interest Efforts, such communications as well as this Agreement are and shall remain
confidential and subject to the attorney-client privilege and work product doctrine. The applicable
privilege and work product protection shall be held jointly by the Parties.
2.5.
Confidentialitv of Agreement. The existence and tenns of this Agreement
may be disclosed only (1) in an action to enforce the terms of the Agreement; (2) where reasonably
necessary to accomplish the purposes of this Agreement; or (3) where disclosure is ordered by a
court of competent jurisdiction or otherwise required by law.
Section 3. Scope. This Agreement governs all of the Confidential Materials exchanged
between, or disseminated among, the Parties to this Agreement or their counsel. The tenn
"Confidential Materials" means all confidential information, documents, materials or opinions which
a Party receives from another Party or its legal counsel in connection with Common Interest Efforts,
and all information, documents or materials directly or indirectly derived therefrom, which are
subject to the attorney-client privilege, the work product doctrine, the common interest privilege, or
another privilege or protection.
3.1.
Communications Not Covered. This Agreement does not govern a Party's
confidential communications solely with its own counsel, except to the extent that such
communications contain privileged or protected information received by the other Parties in
connection with the Common Interest Efforts.
3.2.
Marking. Confidential Materials that are exchanged in written or document
form and intended to be kept confidential should be marked "Privileged and Confidential I Subject to
Common Interest Agreement" or with a similar legend; provided, however, that failure to mark
privileged, confidential, or otherwise protected Confidential Materials shall not waive any privilege
or other protection. Notwithstanding the foregoing, publicly-available documents (as opposed to
confidential selections, compilations, arrangements, organizations, and annotations thereof) shall not
constitute "Confidential Materials" within the terms of this Agreement.
Section 4:
Duty to Maintain Confidentiality. To ensure the protection of the mental
impressions, conclusions, opinions, legal theories, and other work product of counsel, as well as
privileged or confidential infottnation, each Party agrees that Confidential Materia.ls received from
any other Party shall not be given, shown, made available, or communicated in any way to anyone
other than:
(i) counsel for the Parties,

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 15 of 21

(ii) paralegal assistants and clerical staffs of such counsel,

(iii) employees, director's, managers, officers and members of the Parties who have a

need to know or are otherwise providing assistance to counsel in connection with advising the
Parties in regard to the Parties' Common Interests,
(iv) any technical consultant retained by a Party, provided, however, that any Party
disclosing Confidential Materials to such technical consultants shall first require such person to
review and agree in writing to be bound by the terms of this Agreement, and
(v) those determined by Opspring in is sole discretion to receive or use any Confidential
Materials that are not privileged or attorney work product.
4.1.

Enlaraement. The foregoing groups of persons identified above in clauses (i) -

(v), inclusive, may be enlarged only upon the written consent of each Party producing Confidential

Materials pursuant to this Agreement; provided, however, that if any Party should withhold such
consent, the withholding Party's own Confidential Materials shall not be disclosed to any such
persons in the enlarged group.
Section 5. Non-Waiver. Each Party affinns that Confidential Materials which have been or
will be exchanged among the Parties and counsel in confidence pursuant to the Common Interest
Efforts are subject to the attorney-client privilege, work product doctrine, common interest privilege,
and any other applicable privilege or protection to the fullest extend permitted by law. These
privileges and protections may not be waived by any Party to this Agreement without the prior
written consent of the Party that produced or generated the Confidential Materials.
5.1.
Non-Disclosure. No Party shall, in any litigation initiated by any third party
attempt to disclose, introduce into evidence; or rely on another Party's Confidential Materials in any
fashion.

5.2. Notice of Compelled Disclosure. Each Party to this Agreement will promptly
notify every other Party to this Agreement of any discovery request, notice of deposition, subpoena,
court process, or similar activity that seeks to cause disclosure of the communications and
information subject to this Agreement. Each Party to this Agreement shall resist any attempt by
anyone to cause disclosure of communications and infonnation subject to this Agreement without the
express written consent of all Parties to this Agreement.
Section 6. Limitation.on Use of Confidential Materials. Each Party agrees that Confidential
Materials received from another Party to this Agreement shall be used only in co1U1ection with the
Parties' Common Interests and shall not be used for any other purpose.
6.1.
Exceptions. The prohibitions of this Section 6 shall not apply to (I) NonConfidential Materials and publicly available information or documents that may be included among
Confidential Materials exchanged pursuant to this Agreement or (2) any dispute between some or all
of the Parties ..

Section 7. Assignment of Montgomery's Claims. Montgomery hereby assigns to Opspring

any and all, known or unknown, absolute or contingent, present or future claims, causes of action, and
4

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 16 of 21

demands ("claims") that Montgomery has, had or may have (as a claimant, counterclaimant or
otherwise) against (i) eTreppid, (ii) Friendly Capital Partners, L.P. ("FCP''), (iii) The Fremont Trust,
dated May 16, 1994 ("FT'), (iv) any officer, director, manager, member, committee member,
employee, consultant, representative, affiliate, trustee, successor, assignee or agent of eTreppid, FCP
and/or FT, (v) Warren Trepp and/or (vi) Douglas Frye (collectively, the "eTreppid Parties''), including
without limitation the rights to obtain payment and relied, at Jaw and in equity, therefor. Montgomery
authorizes Opspring to stand in the place of Montgomery as the real party in interest as to all such
claims, including without limitation those claims pied in the Litigations. Pursuant to this assignment,
Opspring shall have the exclusive right in its sole discretion to review and approve the settlement of
any or all claims asserted against any eTreppid Parties. Notwithstanding anything to the contrary in
this Agreement or otherwise, nothing in this Agreement shall be construed as Opspring assuming any
ownership, liability, risk, or responsibility of or for any claims, causes of action, or demands any
eTreppid Party may have against Montgomery.
Section 8.
Litigation Cooperation. In furtherance of the Common Interest Efforts, the
Parties agree to cooperate in the analysis and implementation of strategy in the Litigations or other
disputes involving some or all of the Parties that may arise related to the subject matter hereof
(collectively with the Litigations, "Disputes"). Opspring agrees to pay a maximum of$1,000,000 per
year for three (3) years to be applied, in Opspring' sole discretion, to Opspring's legal fees and
expenses and Montgomery's legal fees and expenses in connection with the Disputes incurred after
the date of this Agreement. Notwithstanding anything to the contrary in this Agreement, any fees or
expenses incurred by a Party that are not paid for by Opspring pursuant to the immediately foregoing
sentence shall be the sole obligation of the Party incurring such fees or expenses. Subject to the
protections and non-waiver provisions of this Agreement, Opspring shall have the rights, exercisable
in its sole discretion, to select, terminate, replace and monitor Montgomery's counsel, to review the
files and work product of Montgomery's counsel, and to audit the legal bills of Montgomery's
counsel related to the Litigations; provided, however, that any selection, termination or replacement
of Montgomery's counsel shall be reasonably agreed to by Dennis Montgomery and the Company.
Upon notice to Montgomery, Montgomery agrees to promptly provide to Opspring, and to direct its
counsel to provide, all information in their possession, custody, or control that Opspring and/or its
counsel request and to cooperate fully in connection with the analysis and implementation of strategy
in the Litigations and in furtherance of the Common Interest Efforts.
Section 9. No Conflict of Interest or Disqualification. Each counsel has explained fully to
its client the limitations on the direct use of the information obtained pursuant to this Agreement.
Each Party represents that it has considered the foregoing and believes that the benefits of being a
Party to this Agreement outweigh any of the limitations imposed hereby. Therefore, as a condition
precedent to the receipt of any Confidential Materials or Common Interest information, each Party
represents and covenants that it will not (and will not allow its counsel to) assert any future claim
that any attorney covered by this Agreement is disqualified or barred from representation by virtue of
its receipt of Confidential Materials or Common Interest information. Neither the existence of this
Agreement, nor the exchange of Confidential Materials, nor the assistance and representation by
either Party's legal counsel to analyze and provide advice, work product, mental impressions, and
opinions regarding the Common Interests shall be used by any Party or its counsel as the basis of any
claim that any legal counsel is disqualified from representing any person or entity in any matter,
including the Litigations or a dispute or litigation between one or more Parties to this Agreement.
5

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 17 of 21

All Parties to this Agreement and their counsel hereby waive their right to seek such disqualification
on that basis.
Section 10. No Admission of Liabilitv. Nothing contained herein is intended to be, or shall
be deemed to be, an admission of any liability on the part of any Party or of the existence of facts
upon which liability could be based or inferred.
Section 11. No Prejudice. This Agreement is made without prejudice to the right of any
Party to claim that privileges or protections greater or other than those specified in this Agreement
exist with respect to any information, communication, or document relating to the Common
Interests.
Section 12. Severability. If any proV1s1on of this Agreement is deemed invalid or
unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Section 13. Modification. Any modification or waiver of this Agreement or addition of a
new party must be agreed upon in writing by Opspring and Dennis Montgomery. Any such
modification or waiver or addition of a new party shall be binding on all of the Parties, including the

Montgomery Family Trust.

Section 14. Survival. This Agreement shall continue to be in full force and effect
notwithstanding the withdrawal from or discontinuance of participation in the Common Interest
Efforts by any Party to this Agreement. Any Party that withdraws from or discontinues participation
in the Common Interest Efforts shall remain bound by this Agreement.
Section 15. FED. R. EVID. 408. The Parties intend and agree that this Agreement, as well
as their discussions and communications among themselves and with other Parties relating to the
matters covered in this Agreement, are to be afforded the full scope of the protection provided in the

Federal Rules of Evidence, including, without limitation, Rule 408, which limits the admissibility of
settlement-related materials.
Section 16. Remedy for Breach. The Parties and their counsel acknowledge that disclosure

of any Confidential Materials in violation of this Agreement will cause the non-disclosing Parties to
suffer irreparable harm for which there is no adequate legal remedy. Notwithstanding other
provisions of this Agreement regarding dispute resolution, each Party acknowledges that preliminary,
temporary, or permanent relief-including injunctive relief, prohibiting each other Party and its
counsel, and/or prohibiting any third party (and/or its counsel) to whom any Confidential Materials
.have been disclosed, from disclosing or using any such Confidential Materials in any manner not
expressly contemplated by this Agreement, without proof of actual damages and without any
requirement for the securing or posting of a bond-is an appropriate and necessary remedy for
violation of this Agreement. In addition to any other remedies available, performance of this
Agreement may be specifically ordered. The Parties hereby expressly consent to the personal
jurisdiction of the state and federal courts located in King County, Washington for any lawsuit filed
there arising from or related to this Agreement to seek injunctive relief. I agree that the prevailing
party will be entitled to its costs and attorneys' fees incurred in any litigation or dispute relating to
the interpretation or enforcement of this Agreement.
6

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 18 of 21

Section 17. Limitations. This Agreement shall not constitute a modification or waiver of
any Party's rights, claims or defenses against the other Parties.
Section 18. Successors. This Agreement shall be binding on and inure to the benefit of the
Parties' successors, inheritors, heirs, and assigns.
Section 19. Choice of Law and Arbitration. This Agreement shall be governed and construed
in accordance with the laws of the State of Washington (without regard to its choice of Jaw rules).
Except for the right of the Parties to seek injunctive relief in court, in the event of any dispute arising
from or related to the Common Interest Efforts, those disputes will be resolved exclusively by final
and binding arbitration conducted by a neutral arbitrator appointed by Judicial Dispute Resolution
LLC ("JDR') of Seattle, Washington. If JDR is unable or unwilling to so act, then it shall be
substituted with the Seattle office of Judicial Arbitration and Mediation Services, Inc. ("JAMS").
The only parties to the arbitration shall be the Parties. Reasonable discovery will be permitted and
the arbitrator may decide any issue as to discovery. The arbitrator shall prepare a written award
stating the findings of fact and conclusions of law that form the basis for that award. Each party may
be represented by counsel at the arbitration. The location of the arbitration shall be Seattle,
Washington. Judgment upon the award may be entered by any court having jurisdiction of the
matter. The arbitrator's fees will be paid in equal portions by the Parties. The substantially
prevailing party is entitled to recover its reasonable attorneys' fees and expenses in conjunction with
the arbitration award.

Section 20. Entire Agreement: Countemarts. This Agreement constitutes the entire
understanding of the Parties with respect to the Common Interest Efforts. This Agreement may be
signed in counterparts and each signed counterpart shall be deemed an original document.
Section 21. Notices. All notices under this Agreement shall be sent to the Parties and legal
counsel for the Parties at the last known address therefor.
Section 22. Interpretation. Each Party and its counsel have participated fully in the review
and revision of this Agreement. Any rule of interpretation or doctrine of contra proferentem to the
effect that ambiguities are to be construed against the drafting Party shall not apply in interpreting
this Agreement.

IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first set
forth above.
Opspring LLC

By:

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 19 of 21

By:
ery, Co-Trustee
By:
Brenda Montgomery, Co-Trustee

CONFIDENTIAL

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 20 of 21

CERTIFICATE OF SERVICE

2 Pursuant to NRCP S(b) I certify that I am an employee of the Law Offices Of Liner
Yankelevitz Sunshine &RegenstreifLLP, and tliat on June 30, 2008, I caused to be
3 served the within document Clescribed as THE MONTGOMERY PARTIES' MOTION
FOR STAY OF MAY 29, 2008 ORDER OF MAGISTRATE JUDGE PENDING
4 RESOLUTION OF OBJECTIONS TO SAID ORDER; MEMORANDUM OF PAOINTS
AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF DEBORAH KLAR
5 on the interested parties in this action as stated below:
6 J. Stephen Peek, Esq.
Jerry M. Snyder, Esq.
7 Hale Lane Peek Dennison and Howard
5441 Kietzke Lane, Second Floor
8 Reno, Nevada 89511
(775) 327-3000; 786-6179 - FAX
9 speek@halelane.com; jsnyder@halelane.com
Attorneys for eTreppid and Warren Trepp
10
Reid H. Weingarten, Esq.
11 Brian M. Heberlig, Esq.
Robert A. Ayers, Esq.,
12 Steptoe & Johnson, LLP
1330 Connecticut Avenue, N.W.
13 Washington, D.C. 20036-1795
(202) 429-3000; (202) 429-3902 - FAX
14 rweingarten@steptoe.com;
bhaberlig@steptoe.com; rayers@steptoe.com
15 Attornevs for eTrennid and W 0 ~en Trenn
Greg Addington, AUSA
16 U.S. DEPARTMENT OF JUSTICE
100 W. Liberty Street. Suite 600
17 Reno, Nevada 89501
E-mail: Greg.addington@usdoj.gov
18 (775) 784-5181 - FAX
Attorneys for Department of Defense
19
Jacquelyn A. Beatty, Esq.
20 Karr Tuttle Campbell
1201 Third Avenue, Suite 2900
21 Seattle, Washington 98101
Fax: (206) 682-7100
22 E-mail: jbeattv@karrtuttle.com
Attorneys for Michael Sandoval
23

Carlotta P. Wells, Sr. Trial Counsel

U.S. Dept. of Justice; Fed. Programs Branch
Civil Division, Room 7150
20 Massachusetts Avenue, NW
Post Office Box 883
Washington, D.C. 20044
(202) 514-4522; 616-8470 - FAX
E-mail: Carlotta.wells@usdoj.gov
Attornevs for Deoartment of Defense
Raphael 0. Gomez, Esq., Sr. Trial Counsel
U.S. Dept. of Justice, Fed. Programs Branch
Civil Division, Room 6144
20 Massachusetts Avenue, NW
Post Office Box 883
Washington, D.C. 20044
(202) 514-1318; 616-8470- FAX
E-mail: raphael.gomez@usdoj.gov
Attorneys for Department of Defense

11--~~~~~~~~~~~~~~~+'-~""--'~'-'-'-~~-==='-"'--=-'"-'-'"-=~~~~~

24
25
26

l:8J

Bridget Robb Peck, Esq.

Lewis and Roca LLP
50 West Liberty Street, Suite 410
Reno, Nevada 89501
Tel: (775) 823-2900; Fax: (775) 823-2929
bpeck@lrlaw.com
Attorneys for Atigeo LLC and Michael Sandoval
Robert E. Rohde, Esq.
Gregory Schwartz, Esq.
Rohde & Van Kampen
1001 Fourth Avenue, Suite 4050
Seattle, Washington 98154
Tel: (206) 386-7353Fax: (206) 405-2825
E-mail: brohde@rohdelaw.com
Attornevs for Ati<reo LLC

IELECTRONICl By filing the document(s) electronically with the U.S.

District Court ancf therefore the court's computer system has electronically
deltvered a ~opy of~he foregoing documentls) to tlie persons listed above at
their respective email address.

27
28
9
0039641/00 Ii 38405v06

Case 3:06-cv-00056-PMP-VPC Document 717 Filed 06/30/08 Page 21 of 21

I declare under penalty of perjm:y under the laws of the State of California and
2 the United States of America that the foregoing is true and correct.
3
4

Executed on June 30, 2008, at Los Angeles, C'.liljfi9,ln

SklarK. Toy
{Type or print name)

6
7
8

9
10

11
12
13
14
IS

16
17

18
19

20
21

22
23
24

25
26
27

28
10
0039641/001/ 38405v06