Hofer et al v. Old Navy Inc. et al

Filing 78

Attachment 4
Opposition re 76 Emergency MOTION for Discovery To Reopen For The Limited Purposes of Reexaming Faylin Miller, Suspending the Period for Plaintiffs to File an Opposition to Defendant, Expedia, Inc.'s Motion for Summary Judgment Pending Ms. Miller's Reexamin filed by Expedia, Inc. (Attachments: # 1 Exhibit #1 - Miller Affidavit# 2 Exhibit #2 Miller Depo# 3 Exhibit #3 S Thomas Affidavit# 4 Exhibit #4 - Frazier Affidavit)(Gould, Rodney)

Hofer et al v. Old Navy Inc. et al Doc. 78 Att. 4 Case 4:05-cv-40170-FDS Document 78-5 Filed 03/14/2007 Page 1 of 4 Exhibit 4 Dockets.Justia.com Case 4:05-cv-40170-FDS Document 78-5 Filed 03/14/2007 Page 2 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ______________________________ ) STEPHANIE HOFER and ) DOUGLAS HOFER, ) ) Plaintiffs, ) ) v. ) ) THE GAP, INC., EXPEDIA, INC. ) And TURTLE BEACH TOWERS, ) ) Defendants. ) ) ______________________________) Civil Action Docket No. 05-40170 FDS AFFIDAVIT OF NASHARA FRAZIER IN SUPPORT OF EXPEDIA, INC.'S MOTION FOR SUMMARY JUDGMENT I, NASHARA FRAZIER, on oath hereby depose and state as follows: 1. I hold the position of Market Manager, Caribbean, Partner Services Group for the defendant Expedia, Inc. ("Expedia"). I have held the position of Market Manager since October 2003. For the two years prior to my becoming Market Manager, I was employed by Hotels.com, before its merger into Expedia, Inc., as a Market Coordinator. 2. 3. I submit this Affidavit in support of Expedia's motion for summary judgment. I am familiar with the claims made by the plaintiffs against Expedia. I am authorized to make this Affidavit on behalf of Expedia and I make these statements based on my personal knowledge or upon a review of the records kept in the normal course of business at Expedia's offices. Case 4:05-cv-40170-FDS Document 78-5 Filed 03/14/2007 Page 3 of 4 4. Neither Expedia nor any of its affiliated companies (collectively "Expedia"), has ever owned, operated, managed or controlled the Turtle Beach Towers. Nor has Expedia ever owned stock in any corporation owning the Turtle Beach Towers. Expedia has never been owned or operated by Turtle Beach Towers. Turtle Beach Towers is a completely independent entity from Expedia. 5. Expedia has never owned, operated, managed or controlled any units located at the Turtle Beach Towers, including any units presently or previously owned by Sherna and Daine Thomas. Sherna and Daine Thomas have never been employed by Expedia. Similarly, Expedia has never owned, operated, managed or controlled any property management company for Turtle Beach Towers or its common areas. 6. Expedia has been advertising Turtle Beach Towers on its website since at least 2003. In 2006, approximately 86 customers made bookings through Expedia for this property. In 2005, approximately 69 customers made bookings through Expedia for this property. Due to the structure of the older database, precise information concerning customer bookings prior to these dates is not readily available. 7. At no time during my employment with Expedia, including my past three years as Market Manager, have I become aware of any complaints concerning the Turtle Beach Towers, including any complaints concerning the safety, maintenance or physical condition of the Turtle Beach property or any of the units therein, with the exception of Stephanie Hofer's complaint. Specifically, I am not aware of any customers of Expedia reporting any injuries or near injuries resulting from falls down stairs on the premises of the Turtle Beach Towers, falls into turtle ponds on the premises of the Turtle Beach Towers, or any potentially dangerous conditions existing on the property due to the lack of handrails or guardrails or due to insufficient lighting. 2 Case 4:05-cv-40170-FDS Document 78-5 Filed 03/14/2007 Page 4 of 4

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