McClintic v. Lithia Motors, Inc.

Filing 27

REPLY, filed by Intervenor Plaintiff Dan McLaren, TO RESPONSE to 14 MOTION to Intervene (Attachments: # 1 McLaren Declaration, # 2 Edelson Declaration with exhibits)(Cantor, Clifford)

The Honorable Richard A Jones

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UNITED STATES DIS1RICT COURT

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WESTERN DIS1RICT OF WASHINGTON

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ATSEATILE

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KEVIN MCCLINTIC, on behalf ofhimself
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and all others similarly situated,
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Plaintiff,
and

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DAN MCLAREN, individually and on behalf
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of a class and subclass of similarly situated
individuals,
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Plaintiffs-Intervenors
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v.
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LITHIA MOTORS, INC.
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Defendant.
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No. ll-cv-00859 RAJ

DECLARATION OF DAN MCLAREN
IN SUPPORT OF PLAINTIFF­
INVERVENOR DAN MCLAREN'S
MOTION TO INTERVENE

NOTE ON MOTION CALENDAR:
AUGUST 12,2011

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LA. OFFICES OF

DECLARATION OF DAN MCLAREN

No. ll-cv-00859 RAJ

CLIFFORD A. CANTOR., P.C.

6Zl 208lh Ave. Sf

Sammamish. WA 9807....7033

Tel: [phone] • Fax: [phone]

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DECLARATION OF DAN MCLAREN

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I, DAN MCLAREN, hereby aver, pursuant to 28 U.S.C. § 1746, that I have personal

3 "knowledge of all matters set forth herein unless otherwise indicated, and would testify thereto if

4 1\ called as a witness in this matter.

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1.

I am an adult over the age of 18, and a resident of the State ofOregon. I am fully

6 Ucompetent to make this Declaration, and make such Declaration in support of my Motion to

7 II Intervene.
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2.

I was an employee of Lithia Motors between April 2008 and March 2011.

9 II Beginning in October of 2008, I was a Marketing Manager.

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3.

My position at Lithia Motors included, among other duties, serving as a liaison

1111 between automobile dealerships and Lithia Motor's corporate advertising department.
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My position also entailed generating marketing and advertising ideas for individual

13 automobile dealerships, which included investigating and proposing possible ideas for

14 advertising, especially ifa dealership asked me to pursue a lead
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My position did not allow me to authorize specific marketing and advertising

16 II campaigns.
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In response to an inquiry from Robert Sacks, General Manager for Lithia Nissan in

18 II Medford, Oregon, I contacted a third-party vendor who utilized Quick Response ("QR")
19 II technology whereby individuals with "smartphones" could scan barcodes and access online
20 content. During my meeting with this vendor, he asked me to gauge interest in another cell-phone
21 technology where Bluetooth-enabled devices would receive text message "pings" when they came
22 II into proximity of Lithia's auto dealerships.
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7.

I proposed this Bluetooth technology in the course ofmy duties, but Lithia Motors

24 II decided not to pursue it.
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8.

I never worked on the text message marketing campaign that is the subject of my

26 II lawsuit against Lithia Motors.
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LAw Ol'1'ICES OF

DECLARATION OF DAN MCLAREN
No. Il-CV-00859 RAJ

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CLIFFORD A. CANTOR, P.C.
8212081h Ave. SE
Sammamish. WA 98074-7033
Tel: [phone] • Fax: (425) 868·7870

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I received the text messages that are the subject ofmy lawsuit after my

2 II employment ended at Lithia Motors.

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At no time did I consent to the receipt ofthese text messages. I also requested that

4 I be opted out of the receipt of future messages, and yet received an additional text messages ad

5 from Lithia.

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I declare under penalty of petjwy that the foregoing is true and correct

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Executed on August 9, 2011.

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v

2h2­
Dan McLaren

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DECLARATION OF DAN MCLAREN
No. ll-CV-00859 RAJ

LAw OFFICIlS OF

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CUFFORDA. CANTOR, P.C.
827 2081tl Ave. SE

Samrrntmish, WA 98074-7033

Tel: [phone] • Fax: [phone]