Incentive Capital v. Camelot Entertainment Group et al

Filing 98

REPLY to Response to Motion re 83 MOTION for Leave to File Opposition to Motion to Dismiss today filed by Plaintiff Incentive Capital. (Attachments: # 1 Exhibit A)(Pia, Joseph)

Joseph G. Pia (9945)
Nathan S. Dorius (8977)
PIA ANDERSON DORIUS REYNARD & MOSS
222 South Main Street, Suite 1800
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
INCENTIVE CAPITAL, LLC, a Utah Limited
Liability Company,
Plaintiff,

DECLARATION OF JOSEPH G. PIA

v.

Civil No. 2:11-cv-00288

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,

Judge Clark Waddoups

Defendants.
JOSEPH PIA, under penalty of perjury, declares and says:
1.

I am an individual over the age of 18, and have personal knowledge of the facts

set forth herein.

2.

I am a partner at the law firm of Pia Anderson Dorius Reynard & Moss and am

lead counsel to Plaintiff Incentive Capital, LLC.
3.

From July 25, 2011 through August 5, 2011, I and my family were on a family

vacation in Sea Side, Oregon.
4.

On August 4, 2011, the Court entered a minute entry stating that it had

reconsidered its order and “conclude[d] that the grant was correct” [Dckt Entry No. 80].
5.

I was away from my computer and did not see the order until the morning of

August 5, 2011.
6.

Upon seeing the Order, I immediately prepared a Motion to Permit Filing of

Opposition to Motion to Dismiss and coordinated with my assistant to make the filing.
7.

I also coordinated with my assistant to file the previously prepared Opposition to

Motion to dismiss, which was filed on August 5, 2011.
8.

While I was coordinating the filing of the Motion and the Opposition, I was en

route to the airport in Portland which was approximately two hours from Sea Side.
9.

I realize now that in an abundance of caution, I probably should have made the

filing on or before August 3, 2011. The mistake was inadvertence, and I acted in good faith to
rectify the matter as quickly as possible.
DATED this 26th day of August, 2011.
/s/Joseph Pia____________________________
Joseph Pia

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