Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 55

DECLARATION of Diane J. Plotts in Support of re 50 MOTION to DISMISS. (Wadsworth, Clyde)

Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Doc. 55

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Bingham McCutchen LLP CHARLENE S. SHIMADA (SBN 91407) JOHN D. PERNICK (SBN 155468) ROBERT BRUNDAGE (SBN 159890) [e-mail] [e-mail] [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 Alston Hunt Floyd & Ing PAUL ALSTON (Admitted Pro Hac Vice) CLYDE J. WADSWORTH (SBN 118928) [e-mail] [e-mail] American Savings Bank Tower, 18th Floor 1001 Bishop Street Honolulu, HI 96813 Telephone: [phone] Facsimile: 808.524.4591 Attorneys for Defendants and CrossDefendants KAMEHAMEHA SCHOOLS/ BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC GRANT, Plaintiff, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate; JOHN DOE; and JANE DOE, Defendants. And Related Cross and Counterclaims. No. 08-00672 FCD-KJM DECLARATION OF DIANE J. PLOTTS IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS' MOTION TO DISMISS Date: October 31, 2008 Time: 10:00 a.m. Courtroom: 2 Before: Hon. Frank C. Damrell, Jr.

DECLARATION OF DIANE J. PLOTTS IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS' MOTION TO DISMISS; CASE NO.08-00672 FCD-KJM A/72555058.1/2020749-0000332341

Dockets.Justia.com

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I, Diane J. Plotts, declare as follows: 1. I am a trustee of the Kamehameha Schools/Bernice Pauahi Bishop Estate ("KS"),

and was a trustee at the time of the litigation between KS and John and Jane Doe (collectively, the "Does"). 2. I make this declaration based upon personal knowledge and am competent to

testify to the matters stated in this declaration. 3. The other trustees and I were, at all times, responsible for overseeing the defense

of KS' admissions policies in the lawsuit the Does filed in Hawai`i. We exercised those duties through numerous meetings with our in-house and outside legal counsel in Hawai`i. All of the meetings were convened at KS' business office in Honolulu, Hawai`i. On some occasions, for convenience, one or more trustees and/or counsel participated by telephone, but on each occasion, the majority of the trustees were in Honolulu, Hawai`i. 4. During May of 2007, KS and the Does were engaged in settlement discussions to

resolve the Does' claims against KS. Only the board of trustees, on behalf of KS, could authorize and approve the settlement agreement. 5. In May 2007, KS and the Does reached agreement on settlement terms and the

terms were memorialized in a settlement agreement (the "Settlement Agreement"). On or about May 10, 2007, I signed the Settlement Agreement in my capacity as a trustee of KS. I was in Honolulu, Hawai`i at the time I signed the Settlement Agreement. I declare under penalty of law that the foregoing is true and correct. DATED: Honolulu, Hawai`i, June 3, 2008.

/s/ Diane J. Plotts DIANE J. PLOTTS (original signature retained by Paul Alston)

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DECLARATION OF DIANE J. PLOTTS IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS' MOTION TO DISMISS; CASE NO.08-00672 FCD-KJM A/72555058.1/2020749-0000332341