The Federal Deposit Insurance Corporation, et al v. Killinger et al

Filing 68

DECLARATION of Beth A. Stewart in Support of Defendants' Joint Opposition to Motion of FDIC for Protective Order filed by Defendants Kerry K Killinger, Linda C Killinger, Stephen J Rotella, David C Schneider re 63 MOTION for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Stewart, Beth)

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The Honorable Marsha J. Pechman

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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THE FEDERAL DEPOSIT INSURANCE
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CORPORATION, as RECEIVER of
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WASHINGTON MUTUAL BANK,
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Plaintiff,
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v.
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KERRY K. KILLINGER, STEPHEN J. ROTELLA, )
DAVID C. SCHNEIDER, LINDA C. KILLINGER, )
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and ESTHER T. ROTELLA,
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Defendants.
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No. 2:11-cv-00459-MJP
DECLARATION OF BETH A.
STEWART IN SUPPORT OF
DEFENDANTS’ JOINT
OPPOSITION TO FDIC’S MOTION
FOR PROTECTIVE ORDER
NOTE ON MOTION CALENDAR:
August 26, 2011

ORAL ARGUMENT REQUESTED

I, the undersigned attorney, declare as follows:
1.

I am an attorney at Williams & Connolly LLP, which has been retained to

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represent Kerry and Linda Killinger in the above-captioned matter. I could and would
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competently testify to the facts set forth herein.
2.

Attached hereto as Exhibit A is a true and correct copy of Plaintiff FDIC’s

Responses and Objections to Defendants Kerry and Linda Killingers’ First Request for
Production.

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Defendants’ Opp. to FDIC Mot. for Protective
Order
Case No. 2:11-cv-00459-MJP

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Williams & Connolly LLP
725 Twelfth St. NW, Washington, DC 20005
[phone]

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3.

Attached hereto as Exhibit B is a true and correct copy of a July 25, 2011 letter

from Beth A. Stewart, counsel to the Killingers, to Barry S. Rosen, counsel to the FDIC.

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4.

Attached hereto as Exhibit C is a true and correct copy of an August 8, 2011

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letter from Henry Pietrkowski, counsel to the FDIC, to Beth A. Stewart, counsel to the

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Killingers.

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5.

Attached hereto as Exhibit D is a true and correct copy of an August 10, 2011

letter from Beth A. Stewart, counsel to the Killingers, to Henry Pietrkowski, counsel to the
FDIC.
6.

Attached hereto as Exhibit E is a true and correct copy of an August 10, 2011

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email between Beth A. Stewart, counsel to the Killingers, and Henry Pietrkowski, counsel to
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the FDIC.
7.

Attached hereto as Exhibit F is a true and correct copy of an August 15, 2011

letter from Henry Pietrkowski, counsel to the FDIC, to Beth A. Stewart, counsel to the

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Killingers. This letter was emailed to me at 12:21 PM PST on August 15, 2011, three minutes

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before I received notice of the FDIC’s Motion having been filed via the ECF system.

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8.

Attached hereto as Exhibit G is a true and correct copy of the transcript of the

July 6, 2011 status conference with Judge Pechman.

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I declare under penalty of perjury that the foregoing in true and correct. Executed in
the District of Columbia, this 24th day of August 2011.

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/s/ Beth A. Stewart
BETH A. STEWART

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Defendants’ Opp. to FDIC Mot. for Protective
Order
Case No. 2:11-cv-00459-MJP

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Williams & Connolly LLP
725 Twelfth St. NW, Washington, DC 20005
[phone]

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CERTIFICATE OF SERVICE
I hereby certify that on August 24, 2011, I electronically filed the foregoing with the

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Clerk of the Court using the CM/ECF system, which will send notification of such filing to all

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participants in this case who are registered CM/ECF users. I further certify that all participants

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to this case are registered with the CM/ECF system, and therefore no participant need be served

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by conventional methods.

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s/ Beth A. Stewart
Beth A. Stewart (pro hac vice)
WILLIAMS & CONNOLLY LLP
725 Twelfth St., N.W.
Washington, DC 20005
Tel: [phone]
Fax: [phone]

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Defendants’ Opp. to FDIC Mot. for Protective Order
Case No. 2:11-cv-00459-MJP

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Williams & Connolly LLP
725 Twelfth St. NW, Washington, DC 20005
[phone]