2008-06-30 dennis montgomery declaration (montgomery v etreppid)
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Case 3:06-cv-00056-PMP-VPC Document 718 Filed 06/30/08 Page 1 of 14
I Mark H Gunderson, Esq. SBN: 2134)
Catherine
A
Reichenberg, Esq. SBN: 10362)
2 GUNDERSON LAW FIRM
5345 Kietzke Lane, Suite 200
3 Reno,Nevada89511
Telephone: 775) 829-1222
4 Facsimile: 775) 829-1226
5 Deborah
A
Klar, Esq. SBN: CA 124750)
Tuneen E Chisolm, Esq. SBN: CA 211741)
6 LINER Y ANKELEVITZ
SUNSHINE REGENSTREIF LLP
7 1100 Glendon A venue, 14th Floor
Los Angeles, California 90024-3503
8 Telephone: 310) 500-3500
Facsimile: 310) 500-3501
9 ADMITTED PRO HAC VICE
10
Attorneys for Plaintiffs
DENNIS MONTGOMERY, THE MONTGOMERY FAMILY TRUST, OPSPRING, LLC, and
11
EDRA BLIXSETH
12
13
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
14 DENNIS MONTGOMERY and the ) Case No. 3:06-CV-00056-PMP-VPC
MONTGOMERY FAMILY TRUST, ) BASE FILE
15 )
Plaintiffs, ) Consolidated with Case No. 3:06-CV-
16 ) 00145-PMP-VPC)
vs. )
17 )
DECLARATION
O
DENNIS
ETREPPID TECHNOLOGIES, LLC, WARREN ) MONTGOMERY IN SUPPORT OF THE
18
TREPP, and the UNITED STATES ) MONTGOMERY PARTIES MOTION
DEPARTMENT OF DEFENSE, )
OR
PROTECTIVE ORDER AND
19 )
DETERMINATION REGARDING
Defendants. )
COMMON INTEREST AGREEMENT
)
)
21 AND RELATED CASES. )
22
23
24
25
26
27
28
1 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
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1
DECL R TION OF DENNIS MONTGOMERY
2
3 I Dennis Montgomery, declare and state as follows:
4
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
lso
in discussions regarding the employment ofme y OpSpring.
8 The Montgomery Parties and OpSpring anticipated (correctly) that after we reached agreement on
9 my employment, OpSpring would be named as a party in the litigation y eTreppid. The
10 Montgomery Parties and OpSpring sought to evaluate the risks and opportunities presented by such
11 anticipated litigation, to prepare for such litigation, and to conduct the litigation efficiently and
12 effectively. In furtherance
of
those goals, the Montgomery Parties and OpSpring agreed that we
13
would exchange information relating to the actual and potential litigation and would maintain all
14 such information 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 ).
18 4. Pursuant to the parties' agreement as reflected in the Written Agreement, the parties
19 and counsel for the parties exchanged certain confidential information for purposes of evaluating,
20 preparing for, and defending the litigation involving eTreppid.
21 5. In doing so, we abided by the strict confidentiality requirements set out in the
22 Written Agreement and intended that the exchange of information not alter the privileged and
23 confidential nature of the information.
24
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27
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6.
he
information exchanged pursuant to the Written Agreement was not shared with
2 any third parties and the Montgomery Parties and OpSpring took appropriate steps to preserve the
3 confidentiality
of
the that information.
4
6 I declare under penalty
of
perjury under the laws
of
the United States
of
America that the
7 foregoing is true and correct.
8 Executed on this 30th
day of
June 2008
at
Ra
9
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11
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13
4
5
16
7
8
9
20
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EXHIBIT
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COMMON
INTEREST CONFIDENTIALITY AND COOPERATION
AGREEMENT
This
Common
Interest, Confidentiality,
and
Cooperation Agreement ( Agreement ), dated
April
.S.
2006,
is
entered into
y
and
between,
on the
one
hand,
Opspring
LLC,
a Washington
limited liability company, with a principal place ofbusiness
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
allegations 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
11
Montgomery
No. CV06·
114 in the
Second Judicial District Court ofthe State
of
Nevada in the Country
of Washoe;
cases
styled
eTreppid 11 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
11
eTreppid et al. No. 3:06-cv-56-BES-VPC,
in 1he U.S. District Court for the District ofNevada; and other litigations that
may
arise between the
eTreppid Parties (as defined
in
Section 7)
and
either or
bo1h
of he 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 affum 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;
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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 o
any
attorney-client privilege, work product
protection, or other privilege or protection, to which the Parties
are
entitled individually or
collectively;
NOW TIIEREFORE, n consideration of the mutual representations, warranties and
agreements contained n this Agreement,
and for
other good
and.
valuable consideration, the receipt
and
sufficiency o which are hereby acknowledged, the Parties agree as follows:
Section
I.
Authority. The undersigned
company
representatives o the Parties represent
that they
re
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
t
be undertaken by their respective counsel (including without limitation investigation, compilation,
and
analysis o
data and
documents undertaken by the
Parties.
and their legal counsel), because o
their purpose, operation or use are protected as attorney-client privileged and confidential work
product and
may require the exchange o information, documents or materials subject
to
the attomey
client 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
t
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 o 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 o this Agreement. Documents
turned over
to
one Party by another Party,
no
matter whether before or after execution o this
Agreement,
in
furtherance o 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 o this Agreement, shall remain privileged or otherwise protected
as confidential. Similarly,
an
attorney s work product solely
on
behalf o a Party as its
own
client,
whether created before o 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.
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2.3.
No New
Attorney-Client Relationship Created. Except for
the
purposes
of the
Common Interest Efforts, nothing
n
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, exceptas 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. Confidentiality of Agreement. The existence and terms of this Agreement
may
be disclosed only I) in
an
action to enforce the tenns 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 term
Confidential Materials means all confidential information, documents, materials or opinions which
a Party receives
from
another Party or its legal counsel n connection with Common Interest Efforts,
and
all
information, documents or materials directly or indirectly derived therefrom,
which
re
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
n
connection with the Common Interest
Efforts.
3.2. Marking. Confidential Materials that
are
exchanged n 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:
Puty to Maintain Confidentialitv. To ensure the protection of the mental
impressions, conclusions, opinions, legal theories,
and
other work product of counsel, as
well
as
privileged or confidential information, each Party agrees that Confidential Materials received
from
any other Party shall not be given, shown made available, or communicated n any way
to
anyone
other than:
i)
counsel
for
the Parties,
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ii)
paralegal assistants and clerical staffs
o
such counsel,
iii) employees, directors, managers, officers and members o 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 retaine4
by
a Party, provided, however, that any Party
disclosing Confidential Materials to such technical consultants shall frrst require such person to
review and agree in writing to be bound by the terms o this Agreement, and
v) those determined by Opspring in is sole discretion t receive or use
any
Confidential
Materials that
are
not privileged or attorney work product.
4.1. Enlargement.
The
foregoing groups o persons identified above in clauses i)
-
v),
inclusive,
may
be enlarged only upon
the
written consent o each Party producing Confidential
Materials pursuant
to
this Agreement; provided, however, that
i 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 affirms 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 o
he
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 n any
fushion.
5.2. Notice
o
Compelled Disclosure.
Each
Party to this Agreement will promptly
notify
every
other Party to this Agreement
o any
discovery request, notice
o
deposition, subpoena,
court process, or similar activity that seeks to cause disclosure o the communications and
information subject to this Agreement. Each Party to this Agreement shall resist any attempt by
anyone to
cause disclosure
o
communications
and
information subject
to
this Agreement without
the
express written consent o all Parties to this Agreement.
Section 6. Limitation on Use o Confidential Materials. Each Party agrees that Confidential
Materials received from another Party to this Agreement shall
be
used only in connection with the
Parties Common Interests
and
shall
not
be used for
any
other purpose.
6.1. Exceptions. The prohibitions o this Section 6 shall not apply to
(1)
Non-
Confidential 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
o the Parties. .
Section 7. Assignment o 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
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demands
( claims )
th t
Montgomery
has,
had or may
have as
a claimant, counterclaimant or
otherwise) against (i) eTreppid, (ii) Friendly Capital Partners, L.P. ( PCP ), (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 o eTreppid, PCP
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 law and in equity, therefor. Montgomery
authorizes Opspring
to stand in the place o 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 o
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 o or for any claims, causes o action, or demands any
eTreppid Party may
have
against Montgomery.
Section
8.
Litigation Cooperation.
n
furtherance o the Common Interest Efforts, the
Parties
agree to
cooperate
in
the analysis
and
implementation
o
strategy in the Litigations or other
disputes involving some or all o 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 nd Montgomery's legal
fees
and expenses in connection with the Disputes incurred after
the date o 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 o 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 o Montgomery's counsel, and to audit the legal bills o Montgomery's
counsel related to the Litigations; provided, however, that any selection, termination or replacement
o
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 o strategy
in the Litigations and in furtherance o he Common Interest Efforts.
Section
9.
No Conflict o Interest or Disqualification. Each counsel has explained fully to
its client the limitations on the direct
use o
the information obtained pursuant
to
this
Agreement.
Each Party represents that it has considered the foregoing and believes that
the
benefits
o
being a
Party
to
this Agreement outweigh any of the limitations imposed hereby. Therefore, as a condition
precedent to the receipt o any Confidential Materials or Common Interest information, each Party
represents
nd
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 o
its receipt o Confidential Materials or Common Interest information. Neither the existence of this
Agreement, nor the exchange
o
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 o 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.
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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 docwnent relating
to the
Common
Interests.
Section
12.
Severability. f 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.
Sedion 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.
FEo.
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
ny
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. 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.
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Section 17. Limitations. his 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 law 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.
f
JDR is unable or unwilling
to
so act, then t 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: Counterparts. 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 contr 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
orth
above.
Opspring LLC
By:
7
CONFIDENTIAL
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By
Brenda Montgomery Co-Trustee
8
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1
CERTIFICATE OF SERVICE
2 Pursuant to NRCP 5(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 oescribed as
DECLARATION OF DENNIS
MONTGOMERY IN SUPPORT OF THE MONTGOMERY PARTIES MOTION FOR
4
PROTECTIVE ORDER AND DETERMINATION REGARDING COMMON INTEREST
AGREEMENT
on the interested parties in this action as stated below:
5 1 f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t i
J Stephen Peek, Esq.
6 Jerry M. Snyder, Esq.
Hale
Lane
Peek Dennison and
Howard
7 5441 Kietzke Lane, Second Floor
Reno,
Nevada
89511
8 (775) 327-3000; 786-6179 - FAX
[email protected]; [email protected]
9 Attorneys for eTreppid and Warren Trepp
10 Reid H. Weingarten, Esq.
Brian
M. Heberlig, Esq.
11
Robert A. Ayers, Esq.,
Steptoe Johnson, LLP
12 1330 Connecticut Avenue, N.W.
Washington, D.C. 20036-1795
13 (202) 429-3000; (202) 429-3902 - FAX
14 [email protected]; [email protected]
Attornevs for eTrennid
and
Warren Trenn
15 Greg Addington,
AUSA
U.S.
DEPARTMENT
OF
JUSTICE
16 100 W. Liberty Street. Suite 600
Reno,
Nevada
89501
17 E-mail: [email protected]
(775) 784-5181 - FAX
18 Attorneys for Department of Defense
19 Jacquelyn
A.
Beatty, Esq.
Karr Tuttle Campbell
20
1201 Third Avenue, Suite 2900
21
Seattle, Washington 98101
Fax: (206) 682-7100
22
E-mail: [email protected]
Attorneys for Michael Sandoval
Carlotta P Wells, Sr. Trial Counsel
U.S. Dept. of Justice; Fed. Programs Branch
Civil Division, Room 7150
20
Massachusetts A venue, NW
Post
Office
Box
883
Washington, D.C.
20044
(202) 514-4522; 616-8470 -
FAX
E-mail: [email protected]
Attornevs for Department
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: [email protected]
Attorneys for Department
of
Defense
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
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: [email protected]
A ttornevs for
Ati eo LLC
3 1 1 - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - 1 . . £ , . . . . ' - ' - ' ~ ~ £ > . l l - ~ ' - - ~ ~ ~ ~ ~ ~ - - - - j . I
24 ~
25
26
27
28
~
L E T R O N I l By filing the document(s) electronically with the U.S.
istrict Court and therefore the court s computer system has electronically
deltvered a < .OPY o f ~ h foregoing documentls) to tlie persons listed above at
their respective email address.
1
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Case 3:06-cv-00056-PMP-VPC Document 718 Filed 06/30/08 Page 14 of 14
I
2
3
5
6
7
8
9
JO
11
12
13
14
15
16
17
18
19
2
21
22
23
24
25
26
27
28
I declare under penalty
of
perjury under the laws
of
the State
of
California and
the United States ofAmerica that the foregoing is true and correct.
Executed on June 30, 2008, at Los Angeles,
SklarK Toy
Type or print name)
2