Gordon v. DreamWorks Animation SKG, Inc. et al

Filing 48

AFFIDAVIT of Derek Tuttle in Opposition re 36 MOTION to Dismiss For Failure to Appear at Deposition filed by Jayme Gordon. (Brooks, Juanita)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

JAYME GORDON,
Plaintiff,

v.
C.A. No. 1:11-cv-10255-JLT
DREAMWORKS ANIMATION SKG, INC.,
DREAMWORKS ANIMATION LLC, and
PARAMOUNT PICTURES, CORP.,
Defendants.

DECLARATION
I, Derek Tuttle, declare and state as follows:
1.

I make this declaration of my own knowledge.

2.

I am a friend of Jayme Gordon.

3.

On September 7, 2011, I received a phone call from a woman. This woman

informed me that she was seeking a character reference for Jayme Gordon. During the phone
call, I understood this woman to be calling on Jayme Gordon’s behalf. She asked me how I
knew Jayme Gordon and what I knew about his case against DreamWorks, and she acted like she
was sympathetic to Jayme’s claims against Defendants. At some point during the call she told
me that she was calling from “Marcum,” but I was under the impression that I was speaking to
Jayme’s attorney, Kristen McCallion. She never told me that she was calling for DreamWorks.
I believe that I spoke to this woman for about 10 minutes.

4.

Knowing now that this woman was not calling on Jayme’s behalf, and that

Marcum is not the name of the law firm that represents Jayme Gordon, I understand that during
the call, I was misled by the woman’s sympathetic and friendly attitude.
5.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: October ____, 2011

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