Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 609

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Doc. 609

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MICHAEL T. PURCELL, OSB #85309 Attorney at Law 520 SW Yamhill, Suite 422 Portland, OR 97204 503.241.8203 fax [phone] [e-mail] For defendant Teresa J. Hutchens

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ALLEN G. HUTCHENS, vs. Plaintiff, ) ) ) ) ) ) ) ) ) No. CV 05-3580-PCT-DGC DECLARATION OF MICHAEL T. PURCELL

TERESA J. HUTCHENS et al, Defendant

I, Michael T. Purcell, under penalty of perjury, do solemnly declare: 1. 2. I am the lawyer for defendant Teresa Hutchens in this matter. I I have reviewed the docket for the case involving Allen Hutchens make this declaration in support of her motion for summary judgment. vs. Teresa Hutchens filed in the U.S. District Court for the Oregon, Case No. 04cv-0281-ST. The record and docket contain entries which reflect the following: a. On February 26, 2004, Allen G. Hutchens, pro se, filed a lawsuit in the US District Court for the State of Oregon, designated as Case Number 04-cv0281-ST. Docket #1. Teresa J. Hutchens was a named defendant in that lawsuit. b. Teresa J. Hutchens was represented in the Oregon lawsuit by attorney Foster A. Glass, OSB No. 75133. On September 6, 2005, Attorney Glass filed a motion to withdraw as Ms. Hutchens' attorney of record. Docket DECLARATION OF MICHAEL T. PURCELL - 1
MICHAEL T. PURCELL, ATTORNEY AT LAW 520 SW YAMHILL,SUITE 422 PORTLAND, OREGON 97204 503.241.8203 FAX [phone]

Dockets.Justia.com

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#102. The motion was granted and Attorney Glass's withdrawal was effective on September 8, 2007. Docket #106 3. On September 9, 2005, the court in the Oregon lawsuit entered the Record of ORDER by Judge Stewart: Until further notice, the defendant Terrie Hutchens will proceed pro se and shall be notified of further proceedings c/o Lucy Hutchens, 801 Alder Rd., P.O. Box G, Vale, OR 97918. Docket #109. 4. 5. On December 29, 2005, Teresa Hutchens filed a motion for a On January 3, 2006 the honorable Janice M. Stewart, presiding [Allen Hutchens] shall not contact defendant, directly or indirectly by any means, at any place, including but not limited to her home and her place of employment, for any reason whatsoever. In this case and in any other case pending between the parties, plaintiff shall serve defendant by serving her attorney of record, if defendant has one; if defendant has not attorney of record, then plaintiff shall serve defendant c/o Lucy Hutchens, 801 Alder Rd., P.O. Box G., Vale, OR 97918. Docket 141 (excerpt from minute order). 6. On November 30, 2006, the Oregon court granted Teresa Hutchen's motion for summary judgment and entered judgment against Allen Hutchens on all his claims. Docket #242. // // // DECLARATION OF MICHAEL T. PURCELL - 2
MICHAEL T. PURCELL, ATTORNEY AT LAW 520 SW YAMHILL,SUITE 422 PORTLAND, OREGON 97204 503.241.8203 FAX [phone]

following order:

temporary restraining order against Allen Hutchens in that lawsuit. Docket #138. judge in the Oregon action, granted Ms. Hutchens' motion and ordered that:

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7.

Copies of all deposition transcript pages exhibits attached are true DATED this 22nd day of June, 2007 /s/ Michael T. Purcell __________________________________ MICHAEL T. PURCELL, Applicant 520 SW Yamhill, Suite 422 Portland, OR 97204-1335 503.241.8203 fax [phone] [e-mail]

copies of the transcripts as I received them from the court reporter.

DECLARATION OF MICHAEL T. PURCELL - 3
MICHAEL T. PURCELL, ATTORNEY AT LAW 520 SW YAMHILL,SUITE 422 PORTLAND, OREGON 97204 503.241.8203 FAX [phone]

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* * * CERTIFICATE OF SERVICE * * * I served the attached DECLARATION OF MICHAEL T. PURCELL on the persons named below by mailing a true and correct copy by first class mail to that person's party's last known address. Served