Anwar et al v. Fairfield Greenwich Limited et al

Filing 681

DECLARATION of James A. Harrod in Support re: #679 CONSENT MOTION to Dismiss Voluntarily the Claims of Named Plaintiffs AAC and Barco Without Prejudice.. Document filed by Fundacion Virgilio Barco. (Harrod, James)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANWAR, et al.,
Plaintiffs,
v.
FAIRFIELD GREENWICH LIMITED, et al.,

Master File No. 09-cv-118 (VM)(THK)

Defendants.
This Document Relates To: All Actions

DECLARATION OF JAMES A. HARROD
IN SUPPORT OF PLAINTIFF AAC INVESTMENT, INC.’S AND PLAINTIFF
FUNDACIÓN VIRGILIO BARCO’S MOTION FOR VOLUNTARY DISMISSAL
OF THEIR CLAIMS WITHOUT PREJUDICE
I, James A. Harrod, declare as follows:
1. I am a partner at Wolf Popper LLP (“Wolf Popper”), counsel of record for AAC
Investment, Inc. and Fundación Virgilio Barco (“AAC,” and “Barco,” respectively), named
plaintiffs in Anwar et al v. Fairfield Greenwich Limited et al, 09-cv-118 (VM)(THK) (the
“Action”).
2. I have personal knowledge of the facts stated herein.
3. I submit this declaration in further support of Plaintiff AAC’s and Plaintiff Barco’s
Motion to Voluntarily Dismiss Their Claims Without Prejudice.
4. Alberto Escobar has represented to me that he and other members of his family
control and are the owners and/or beneficiaries of AAC and Barco. Alberto Escobar has
represented to me that he has authority to act on behalf of both AAC and Barco.
5. Mr. Escobar recently called to my attention that it is necessary for Barco and AAC to
withdraw from the Action because of serious illness among the members of his family who
would need to participate in the litigation on behalf of Barco and ACC.

6. During a telephone conversation on June 30, 2011, Mr. Escobar specifically
explained to me in detail that his father is suffering from cancer, and has recently undergone
surgery as part of his ongoing treatment.
7. Also during that conversation, Mr. Escobar informed me that his sister has recently
travelled to the United States to undergo comprehensive treatment in Boston, Massachusetts for
diabetes, and may require a kidney transplant.
8. Mr. Escobar stated that the stress resulting from participation in the Action has
exacerbated these health issues and continues consume time and resources that his family needs
to focus on the support and treatment of ailing family members.
9. I believe that Barco and ACC joined as named plaintiffs in good faith, and now seek
to withdraw as plaintiffs in good faith, to focus on the health and well-being of controlling
family members.
10. Mr. Escobar is currently away from home, travelling internationally, and is unable to
review and sign his own declaration. By the attached email, he consented to submission of this
statement regarding our conversations.
11. On behalf of Plaintiffs AAC and Barco, my firm requested defendants’ consent to the
motion for voluntary dismissal, and counsel for each defendant in this Action expressed consent
to AAC’s and Barco’s voluntary dismissal.
I hereby declare under penalty of perjury under the laws of the United States and the laws
of the State of New York that the foregoing is true and correct to the best of my knowledge,
information, and belief.
Executed on July 7, 2011, at New York, New York.
_____/s/ James A. Harrod____
James A. Harrod

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James Harrod
From:
Sent:
To:
Cc:
Subject:

Alberto Escobar [[e-mail]]
Friday, July 01, 2011 5:33 PM
James Harrod; Ceb mail
Alberto Escobar
Motion to be removed

Jim,
As agreed, i am putting in writing what i mentioned you over the phone
yesterday. The reason we seek fundacion virgilio barco and aac investments to
be removed without prejudice as plantiffs is because currently there are
several family members with very serious illnesses that requiere our full
attention, care and most of all peace of mind serenity.
Speccifically , My
father has cancer and has had two mayor surgerys in the last two years, my
sister who is 45 and mother of two young children in school has a severe
diabetis condition and currently is undergoing treatment at joslin center in
boston because it is possible that she has a kidney failure and might need a
transplant. As a family aside from the financial loss, this medical situation
has been very hard on all ,and We just can not bear the emotional strain of
this case and seek to be removed in order to have much needed peaceful and
serene days as a family.
Once again i hope you understand why we wish to be removed.
Thank you.

Sent from my BlackBerry® wireless device

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