Massachusetts Bay Transportation Authority v. Anderson et al

Filing 54

DECLARATION re 50 MOTION for Preliminary Injunction Declaration of William A. Mitchell, Jr. by Massachusetts Bay Transportation Authority. (Mahony, Ieuan-Gael)

Massachusetts Bay Transportation Authority v. Anderson et al

Doc. 54

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MASSACHUSETTS BAY TRANSPORTATION AUTHORITY Plaintiff
v.

Civil Action No. No. 08- 11364-GAO

ZACK ANDERSON et al. Defendants DECLARATION OF WILLIAM A. MITCHELL, JR. 1. I am General Counsel for the plaintiff, Massachusetts Bay Transportation

Authority ("MBTA"). 2. I make this declaration based on my personal knowledge and a review of MBTA

business records concerning the matters set out below. 3. On Friday, August 8, 2008 at approximately 4:30 PM, I contacted Gregory

Morgan, Vice President and General Counsel of MIT. I left a message for Mr. Morgan, asking him to call me concerning the issues with the CharlieCard and Charlie Ticket. 4. At approximately 5:00 PM on August 8, Jay Wilcoxson, Associate General

Counsel of MIT, returned my call. I informed Mr. Wilcoxson that the MBTA was proceeding forward to seek a TRO. 5. I subsequently got another call from Mr. Morgan and Mr. Wilcoxson. During this

call, they indicated that the MBTA should not move forward with the TRO. Signed under the penalties of perjury this 18th day of August, 2008.

William A. Mitchell, J/.

Dockets.Justia.com

CERTIFICATE OF SERVICE I, leuan G. Mahony, Attorney for the Massachusetts Bay Transportation Authority in connection with the above-captioned proceeding, hereby certify that on this 18th day of August, 2008, the Declaration of William A. Mitchell, Jr. was served via the ECF system on the following interested parties:

Party

Counsel

Zack Anderson, RJ Ryan, Emily Berger, Esquire and Alessandro Chiesa Email: [e-mail] (the "MIT Undergrads") Jennifer Granick, Esquire Email: [e-mail] John Reinstein, Esquire Email: [e-mail] Thomas A. Brown Email: [e-mail] Cindy Conn [e-mail] Lawrence K. Kolodney [e-mail] Marcia Hoffman [e-mail] Adam J. Kessel kessel(2),fr.com Massachusetts Institute of Technology ("MIT") Jeffrey Swope, Esquire Email: [e-mail]

/s/ leuan G. Mahony_
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