7/26/2019 Montgomery v eTreppid # 1086 | Montgomery Declaration

1/6

Case 3:06-cv-00056-PMP-VPC Document 1086 Filed 06/17/09 Page 1 of 6

1 Dennis L. Kennedy, Nevada Bar No. 1462

dkennedy@baileykennedy.com

2 BAILEY KENNEDY

8984 Spanish Ridge A venue

3 Las Vegas, Nevada 89148-1302

Telephone: 702) 562-8820

4 Facsimile: 702) 562-8821

5 Randall

J

Sunshine, Esq. SBN: CA 137363)

rsunshine@linerlaw.com

6 Ellyn S. Garofalo, Esq. SBN: CA 158795)

egarofalo@linerlaw.com

7 LINER GRODE STEIN Y ANKELEVITZ

SUNSHINE REGENSTREIF TAYLOR LLP

8 1100 Glendon Avenue, 14th Floor

Los Angeles, California 90024-3503

9 Telephone: 310) 500-3500

Facsimile: 310) 500-3501

10 ADMITTED PRO HAC VICE

11 Attorneys for

DENNIS MONTGOMERY and

12 THEMONTGOMERYF MILYTRUST

13

14

15

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

16 DENNIS MONTGOMERY and the ) Case No. 3:06-CV-00056-PMP-VPC

MONTGOMERY FAMILY TRUST, ) BASE FILE

17 )

Plaintiffs, ) Consolidated with Case No. 3 :06-CV-

l 8 ) 00145-PMP-VPC)

vs )

19

) DECLARATIONOFDENNIS

ETREPPID TECHNOLOGIES, LLC, WARREN ) MONTGOMERY IN SUPPORT OF

20 TREPP, and the UNITED STATES )

RESPONSE TO eTREPPID'S AND

DEPARTMENT OF DEFENSE, ) TREPP'S MOTION FOR CONTEMPT

21 ) [DOCKET 1074)

Defendants. )

22 ) [FILED UNDER SEAL)

1 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

n )

AND RELATED CASES. )

M )

25

26

27

28

0039641/00I/43257lv0I

7/26/2019 Montgomery v eTreppid # 1086 | Montgomery Declaration

2/6

Case 3:06-cv-00056-PMP-VPC Document 1086 Filed 06/17/09 Page 2 of 6

1 I Dennis Montgomery, declare as follows:

2

1.

I am the judgment debtor in this matter. As such, I have personal knowledge

of

the

3 facts set forth herein.

4 2.

Judgments have been entered against me in the amount of$26.5 million in favor

of

5 eTreppid Technologies, LLC and Warren Trepp (collectively, eTreppid ).

6 3. On or about February 24, 2009, I received a copy of a Request for Production of

7 Documents served by eTreppid. I searched for documents responsive to the requests and

8 endeavored in good faith to obtain copies of documents called for in the request. In this regard, I

9 went online to obtain bank statements from my Bank of America and Wells Fargo accounts, as well

10 as credit card statements, stretching back to 2002.

11 4. I was surprised when I went on line at Bank of America to see that my email was

12

listed as dennis@etreppid.com because my eTreppid email address was shut down when I left

13

eTreppid in early 2006. The online banker page showed that this em il was added to the account

14 in February 2007, approximately one year after I left eTreppid. I immediately contacted the bank

15 and was told that my monthly statements had been electronically delivered to the eTreppid email

16 address and that whoever was using this email address had open access to my account. I

17

immediately changed the email address and asked Bank

of

America to investigate. A true and

18 correct copy

of

the online banker page is attached and incorporated as Exhibit A hereto.

19 5.

On April

10

and April

13,

2009,

I

emailed the responsive documents

I

had located

to

20 my counsel. I believe these documents were forwarded to eTreppid's counsel on the same day.

21 The four emails attached, among other things, tax returns (other than those I produced to eTreppid

22 in the underlying action), bank statements for my Wells Fargo and Bank of America accounts,

23

credit card statements and other financial records dating back

to

2002.

24 6. On May 21, 2009, I produced additional documents on a CD Rom containing all of

25

the requested financial documents for the period from 2002 to the present, to the extent they were

26

in my possession or control. included the documents I had previously produced on April 0 and

27 April

13,

2009 because I thought it would be convenient for eTreppid

to

have all

of

the documents

28

003964 l/OOl/ 432571v01

7/26/2019 Montgomery v eTreppid # 1086 | Montgomery Declaration

3/6

Case 3:06-cv-00056-PMP-VPC Document 1086 Filed 06/17/09 Page 3 of 6

I on a searchable CD. The additional documents on the CD Rom included my most recent bank

2 statements for the period ending March 31, 2009.

3

7.

To date, for the period between 2002 and March 31, 2009, I have produced all bank

4 and credit card statements available to me, all tax returns that were not produced in the underlying

litigation, all Bill-Pay records, the output of my QuickBooks program, and assorted documents

6 such as automobile lease payments, mortgage payments and insurance information. I produced the

7 output because I no longer have the program itself because I no longer needed it when I switched to

8 Bill-Pay. The information I provided shows all deposits, including payments from Blxware, and all

9 payments, including the dates and the payee. I will bring a copy of the CD Rom produced to

I 0 eTreppid

to

Court with me on June 26, 2009,

so

that the Court can review my production

of

11 documents for itself.

12 8. Thus, y May 26, 2009, I had responded to eTreppid s document requests to the best

13 ofmy ability. The only category that I did not respond to sought source and intellectual property

14 which I believed might be subject to a non-disclosure agreement I had executed with the

15 Government and/or the U.S. Protective Order entered in this case.

16 9. The issues relating to my intellectual property have been resolved. Accordingly, on

17

June 3 2009, I produced to my counsel twelve hard drives containing virtually all

of

the

18 intellectual property and source code developed over the past ten years, except for source code and

19 other material that was on hard drives and computers seized by eTreppid from Blxware s

20

Washington offices or which is currently in the possession of the Government. To the extent I had

21

copies of this material, it is on the hard drives in my lawyer s office. Otherwise, I do not have

22 access to the information and am unable to produce it.

23

I

0.

I understand that eTreppid contends that I should be held in contempt for failing to

24 produce certain categories of documents. My efforts to produce these documents are set forth in

25

paragraphs 11 to 22 below.

26

11.

I did the majority

of

my banking online, through Bill-Pay. All

of

the Bill-Pay

27

records in my possession have been produced. I have also produced bank statements that should

28

reflect every check written on my bank accounts for the past seven years. My accounts at Bank of

2

0039641/001/432571 vOI

7/26/2019 Montgomery v eTreppid # 1086 | Montgomery Declaration

4/6

Case 3:06-cv-00056-PMP-VPC Document 1086 Filed 06/17/09 Page 4 of 6

I America and Wells Fargo were suspended by the banking institutions after eTreppid registered its

2 judgments and have now been closed. Because o the judgments, my credit score is so low that I

3 have been unable to open replacement accounts. Thus, I do not presently have a bank account. I

4 have tried

to

open an account, but have been unsuccessful. I intend

to

continue trying.

5 12 As reflected in bank statements produced to eTreppid, my wife is a signatory on

6 accounts belonging to other family members, such as her eighty-eight-year-old mother. None

o

7 these accounts contain monies belonging to me or my wife. The last statements generated before

8

my

accounts were closed were for the period ending March 31. 2009. These have been produced to

9 eTreppid.

10 13 To the extent I used actual checks, neither o my former banks, Wells Fargo and

11 Bank o America, returned cancelled checks with my bank statements. I have contacted Bank o

12 America and Wells Fargo about obtaining copies o these checks. Bank o America and Wells

13 Fargo have told me that they would charge $15.00 per check. I do not have the financial ability to

14 pay for the checks written over seven years. I am currently unemployed and have no source

o

15 income. I was employed by Blxware, LLC ( Blxware ). The judgment creditors, however,

16 executed on Blxware's assets in Washington State. Accordingly, Blxware is no longer in business.

17

14

I would be happy

to

order the checks

i

eTreppid agrees to pay for them.

18

15

In February 2009, I received multiple checks from my former employer Blxware in

19 the aggregate amount o approximately $600,000. These deposits are reflected on my Bank o

20

America statements. The withdrawal o these sums is also reflected on the bank statements. This

21

amount was withdrawn in a series o cashier's checks. This payment is reflected on the credit card

22 statements I produced. I do not have any other documents relating to this money.

23 16 Contrary to eTreppid's allegation, I have produced the entire output o my

24 QuickBooks file from 2002