Datatreasury Corporation v. Wells Fargo & Company et al

Filing 540

REPLY to Response to Motion re #84 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, for Failure to State a Claim or for a More Definite Statement First Citizens BancShares, Inc.'s Reply to Plaintiff's Amended Response to Defendant First Citizens BancShares, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction filed by First Citizens Bancshares, Inc., First Citizens Bank & Trust Company. (Attachments: #1 Exhibit A - Supplemental Declaration of John Gray)(Carlson, Larry)

Case 2:06-cv-00072-DF-CMC

Document 540

Filed 02/23/2007

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Exhibit A

Dockets.Justia.co

Case 2:06-cv-00072-DF-CMC

Document 540

Filed 02/23/2007

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
DA T ATREASURY

CORPORATION,

PliJintifT,

CIVIL ACTION NO. 2:06-CV -72JURY TRIAL DEMANDED
WELLS FARGO & COMPANY. et al.
Defendants.

SUPPLEMENTAL DECLARATION OF JOHN GRAY IN SUPPORT OF DEFENDANT FIRST CITIZENS BANCSHARF.s, INC. S MOTION TO I)SMISS FOR LACK OF ))ERSONAL JURISDICTION
. John Gmy. declare as follows:

I am currently an offcer of First Citizens BancShares , Inc. My title is Assistant
Vicc President. My responsibilties include managing First Citizens BancShares, Inc.'s efforts lQ

comply with its regulatory financial reporting obligations.

In connection with my

responsibilities , I am familiar with the corporate books and records of First Citizens BancShares.

Inc. and its subsidiaries. I am also familar with the operations of First Citizens BancSharcs , Inc.

j am over the age of' 18 and am not disabled. I am authorized to make this declaration. Except
as noted , I have persona! knowledge of facts as set forth herein. Those facts arc true and Correct.

First Citizens BancSharcs, Inc. has not and does not. on behalf of itseJf, its

subsidiarie.s. or any other persons or entities, engage in any activities with rcspect to the products

and services of Small Valuc Payments Co.. LLC or The Clearing House Payments Company,
LLC in or through Texas or elsewhere.
First Citizens BancSharcs. Inc. has not and does not, on behalf' of jtscl
its

subsidiaries, or any other persons or entities,

authorize, participate in, or facilitate transactions

Case 2:06-cv-00072-DF-CMC

Document 540

Filed 02/23/2007

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-through any check image archive or exchange service operated by Small Value Paymcnts Co..
LLC or The Clearing House Paymcnts Company, LLC in or through Texas or elsewhere.

First Citizens BancShares, Inc. docs not own or operate a chcck image exchnnge
program.

First Citizens BancShares. Inc. has never entered into any contract with Small
Value f'aymenls Co.. LLC or The Clearing I-louse Payments Company. LLC.

I declare tinder the pena1ty ofpcrjury that the foregoing is true and correct.
Dated: June

, 2006