CUBAN v. SECURITIES AND EXCHANGE COMMISSION

Filing 24

REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by MARK CUBAN. (Attachments: # 1 Declaration David Ross)(Ross, David)

CUBAN v. SECURITIES AND EXCHANGE COMMISSION

Doc. 24 Att. 1

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK CUBAN, Plaintiff, vs. SECURITIES AND EXCHANGE COMMISSION, Defendant. ) ) ) ) Case No. 1:09-cv-00996 (RWB) ) Judge Reggie B. Walton ) ) ) ) )

DECLARATION OF DAVID M. ROSS IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANT SECURITIES AND EXCHANGE COMMISSION'S RESPONSE TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT I, David M. Ross, declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct: 1. Court. 2. I am an attorney at the law firm of Dewey & LeBoeuf LLP, counsel to Plaintiff Mark I am an attorney admitted to practice in the District of Columbia and before this

Cuban in the above-captioned action. As such, I am familiar with the facts and circumstances set forth herein. 3. I submit this declaration in support of Plaintiff's Reply to Defendant Securities and

Exchange Commission's ("SEC") Response to Plaintiff's Cross-Motion for Summary Judgment. 4. Attached hereto as Attachment A is a true and correct copy of various documents

produced by the SEC on March 9, 2010 in SEC v. Cuban, Civil Action No. 3:08-cv-02050 (SAF) (N.D. Texas) in connection with Mr. Cuban's Motion for Attorneys' Fees and Expenses pending in that matter. These documents appear to be internal SEC emails and bear the following Bates

numbers: SEC-MC0302497-500, SEC-MC0302501-504, SEC-MC0302576, SEC-MC0300820, SEC-MC0300858-864, SEC-MC0300797-798, and SEC-MC0302624-627. Executed: Washington, D.C. March 29, 2010

David M. Ross DEWEY & LEBOEUF LLP 1101 New York Avenue, NW Washington, D.C. 20005 Telephone: [phone] Facsimile: [phone] Counsel to Plaintiff

-2-

SEC-MC0300797-798