Anderson v. Domino's Pizza, Inc. et al

Filing 107

MOTION for Summary Judgment by Cross Claimant Call-Em-All, LLC, Defendant Call-Em-All, LLC. Oral Argument Requested. (Attachments: # 1 Certification of Scott Shaffer, # 2 Exhibit 1-7, # 3 Proposed Order) Noting Date 9/7/2012, (Shaffer, Scott)

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Scott Shaffer
Olshan Frome Wolosky LLP
Park Avenue Tower
65 East 55th Street
New York, New York 10022
[phone]
[e-mail]

Honorable Ronald B. Leighton

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Anthony Todaro
Corr Cronin Michelson
Baumgardner & Preece LLP
1001 4th Ave., Suite 3900
Seattle, WA 98154-1051

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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CIVIL ACTION NO.: 11-cv-00902-RBL
CAROLYN ANDERSON,

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Plaintiff,
v.

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DOMINO’S PIZZA, INC., DOMINO’S
PIZZA, LLC, FOUR OUR FAMILIES,
INC. and CALL-EM-ALL, LLC,

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DECLARATION OF
SCOTT SHAFFER, ESQ. IN
SUPPORT OF MOTION
FOR SUMMARY JUDGMENT

Defendants.

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I, Scott Shaffer, am an attorney with Olshan Frome Wolosky, LLP, counsel for

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Defendant Call-Em-All, LLC in the above captioned matter. I am over 18 years of age and

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am otherwise qualified to make the following declaration based on personal first-hand

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knowledge.

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1.

Attached as Exhibit 1 are true and correct copies of pertinent sections of the

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deposition transcript of Plaintiff Carolyn Anderson.
Declaration of Scott Shaffer
Anderson v. Call-Em-All’s - Page 1

1704954-1

OLSHAN FROME WOLOSKY LLP
Park Avenue Tower
65 East 55th Street
New York, NY 10022
Tel [phone]
Fax [phone]

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2.

Attached as Exhibit 2 are true and correct copies of pertinent sections of the

deposition transcript of Defendant Call-Em-All, LLC’s president Brad Hermann.
3.

Attached, as Exhibit 3 is a true and correct copy of Call-Em-All’s Terms of

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Use, which was produced by Call-Em-All, LLC in the discovery phase of this action as
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Bates-stamped documents CEA000043 - CEA000048.
4.

Attached as Exhibit 4 is a true and correct copy of pertinent sections of the

deposition transcript of Defendant Four Our Families Inc.’s owner Michael W. Brown.
5.

Attached as Exhibit 5 are true and correct copies of Four Our Families,

Inc.’s response to Call-Em-All’s Request For Production No. 5 and the accompanying
document production by Four Our Families, Inc. of Call-Em-All’s Terms of Use.

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6.

Attached, as Exhibit 6 is a true and correct copy of an e-mail sent on behalf

of Four Our Families, Inc. in this action.
7.

Attached, as Exhibit 7 is a true and correct copy of the March 19, 2010

solicitation letter from Williamson & Williams to Plaintiff Carolyn Anderson.
I declare under penalty of perjury under the laws of the State of Washington that
the foregoing is true and correct.
Dated: June 26, 2012
New York, New York

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__________________________
Scott Shaffer

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Declaration of Scott Shaffer
Anderson v. Call-Em-All’s - Page 2

1704954-1

OLSHAN FROME WOLOSKY LLP
Park Avenue Tower
65 East 55th Street
New York, NY 10022
Tel [phone]
Fax [phone]