Incentive Capital v. Camelot Entertainment Group et al

Filing 49

AFFIDAVIT/DECLARATION of David J. Shapiro in Support re 45 MOTION for Extension of Time to File Answer, 47 MOTION to Quash service pursuant to Rule 12(b)(5) filed by Defendant Peter Jarowey. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Petty, Wayne)

Marc E. Kasowitz
David J. Shapiro
KASOWITZ, BENSON, TORRES
& FRIEDMAN LLP
1633 Broadway
New York, New York 10019
Telephone: [phone]
Wayne G. Petty (#2596)
MOYLE & DRAPER, P.C.
175 East 400 South, No. 900
Salt Lake City, Utah 84111
Telephone: [phone]
Attorneys for Defendant Peter Jarowey

UNITED STATES DISTRICT COURT
DISTICT OF UTAH, CENTRAL DIVISION

INCENTIVE CAPITAL, LLC, a Utah Limited
Liability Company,
Plaintiff,
v.
CAMELOT ENTERTAINMENT GROUP,
INC., a Delaware Corporation; CAMELOT
FILM GROUP, INC., a Nevada Corporation;
CAMELOT DISTRIBUTION GROUP, INC., a
Nevada Corporation, ROBERT P. ATWELL,
an individual; JAMIE R. THOMPSON, an
individual; STEVEN ISTOCK, an individual;
TED BAER, an individual; PETER
JAROWEY, an individual,

DECLARATION OF DAVID J. SHAPIRO
Civil No. 2:11-CV-00288
Judge Clark Waddoups

Defendants.

I, David J. Shapiro, of Kasowitz, Benson, Torres & Friedman LLP, counsel for
Defendant Peter M. Jarowey II (“Jarowey”), respectfully submit this declaration in support of

Jarowey’s motion to quash service pursuant to Federal Rule of Civil Procedure 12(b)(5), and
declare under penalty of perjury that the following, which is based upon my personal knowledge,
is true and correct:
1.

Peter M. Jarowey II is a resident of Massachusetts.

2.

Peter M. Jarowey III is a resident of California. He is the 24-year old son

of Peter M. Jarowey II, and he resides at 360 North Curson Avenue, Apartment No. 1, Los
Angeles, California 90036. Peter M. Jarowey III is a former employee of Camelot Distribution
Group, one of the defendants in this action. Peter M. Jarowey III is not authorized to accept
service of process on behalf of his father.
3.

Attached hereto as Exhibit A is a true and correct copy of a Summons

issued by D. Mark Jones, Deputy Clerk for the United States District Court for the District of
Utah, dated April 15, 2011, to “Peter M. Jarowey, 360 North Curson Avenue, Apartment No. 1,
Los Angeles, California 90036” (Docket No. 10).
4.

Attached hereto as Exhibit B is a true and correct copy of a Proof of

Service, dated April 22, 2011, signed by Alan Markawa of the Los Angeles Attorneys Service,
1610 Beverly Blvd., Suite 3, Los Angeles, California 90026, and stating that a copy of the
“summons and complaint in this case” was left with Mr. Neil Spiro, an “Occupant” at 360 North
Curson Avenue, Apartment No. 1, Los Angeles, California 90036 (Docket No. 12). Mr. Spiro is
not authorized to accept service on behalf of Peter M. Jarowey II.
5.

Attached hereto as Exhibit C is a true and correct copy of a note written to

Deputy Clerk D. Mark Jones by Peter M. Jarowey III, dated April 19, 2011, and docketed on
April 21 (Docket No. 11).

2

6.

Since the docketing of Docket No. 11 on April 21, Peter M. Jarowey II has

not been served with a copy of the Summons and Amended Complaint in this action.
Executed on: May 23, 2011

/s/ David J. Shapiro
David J. Shapiro

3

Certificate of Service
I hereby certify that on this 23rd day of May, 2011, I caused a true and correct copy of the
foregoing DECLARATION OF DAVID J. SHAPIRO as indicated upon the following:
Jonathan M. Levitan, Esq.
LAW OFFICES OF JONATHAN MARK LEVITAN
12400 Wilshire Blvd., Suite 1300
Los Angeles, CA 90025
Joseph G. Pia, Esq.
PIA ANDERSON DORIUS REYNARD & MOSS LLC
222 South Main Street, Suite 1800
Salt Lake City, UT 84101
Michael O’Brien
VANCOTT BAGLEY
36 S. State St., Suite 1900
Salt Lake City, UT 84111
Dennis R James, Esq.
MORGAN MINNOCK RICE & JAMES
136 S MAIN STE 800
Salt Lake City, UT 84101

Sent via U.S. Mail
Sent via EMail
Sent via CMECF Filing

Sent via U.S. Mail
Sent via EMail
Sent via CMECF Filing
Sent via U.S. Mail
Sent via EMail
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Sent via U.S. Mail
Sent via EMail
Sent via CMECF Filing

/s/ Wayne G. Petty
Wayne G. Petty
Attorney for Defendant Peter Jarowey