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Case 17-05016-btb Doc 26 Entered 03/21/18 15:34:00 Page 1 of 5

Matthew D. Francis

Nevada Bar No. 6978

Nevada Bar No. 6978

mfrancis@bhfs.com

Arthur A. Zorio

Nevada Bar No. 6547

azorio@bhfs.com

BROWNSTEIN HYATT FARBER SCHRECK, LLP

5371 Kietzke Lane

Reno, NV 89511

Telephone: 775.324.4100

Facsimile: 775.333.8171

Attorneys for JED MARGOLIN

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF NEVADA

BK-N-16-50644-BTB

Chapter 15

Adversary Proceeding: 17-05016-BTB

DECLARATION OF MATTHEW D. FRANCIS IN SUPPORT OF CROSS-DEFENDANT JED MARGOLIN’S MOTION FOR SUMMARY JUDGMENT AGAINST CROSS-CLAIMANT PATRICK CANET

Hearing Date: May 24, 2018

Hearing Time: 10 a.m.

Estimated Time: 1-2 hours

In Re JAZI GHOLAMREZA ZANDIAN,

            Debtor.

__________________________________/

FRED SADRI, AS TRUSTEE FOR THE STAR LIVING TRUST, DATED APRIL 14, 1997; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR KOROGHLI MANAGEMENT TRUST,

            Plaintiffs,

 v.

JED MARGOLIN; JAZI GHOLAM REZA ZANDIAN; and all other parties claimingan interest in real properties described in this action,

            Defendants.

__________________________________/

PATRICK CANET,

            Counterclaimant,

 v.

FRED SADRI, INDIVIDUALLY AND AS TRUSTEE FOR THE STAR LIVING TRUST; RAY KOROGHLI, INDIVIDUALLY; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR

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Case 17-05016-btb Doc 26 Entered 03/21/18 15:34:00 Page 2 of 5

KOROGHLI MANAGEMENT TRUST,

            Counter-Defendants.

__________________________________/

PATRICK CANET,

            Cross-Claimant,

v.

JED MARGOLIN,

            Cross-Defendant.

I,  Matthew D. Francis do hereby declare and state as follows:

1. I am a partner at the law firm of Brownstein Hyatt Farber Schreck, LLP, and counsel of record in this action. I have personal knowledge of the facts which are hereinafter related and make this Declaration on the basis of such personal knowledge. If called to testify at any hearing or trial regarding the above-matter, I swear I could testify competently to the matters stated herein.

This Declaration is made in support of Jed Margolin’s Statement of Undisputed Facts in Support of Cross-Defendant Jed Margolin’s Motion for Summary Judgment Against Cross-Claimant Patrick Canet, and Cross-Defendant Jed Margolin’s Motion for Summary Judgment Against Cross-Claimant Patrick Canet.

2. Attached hereto as Exhibit A is a true and correct copy of a June 24, 2013 Default Judgment entered in the Carson City Action in the amount of $1,495,775.74.

3. Attached hereto as Exhibit B is a true and correct copy of an Order re: Writ of Execution entered in the Carson City Action on August 18, 2014.

4. Canet never served initial disclosures or supplemental disclosures pursuant to the parties’ Amended Discovery Plan (ECF No. 19), Federal Rules of Civil Procedure 26(a) and 26(e), or Fed. Bnkr. R. 7026.

5. On February 6, 2018, Mr. Margolin served Mr. Canet with Defendant Jed Margolin’s First Set of Interrogatories to Patrick Canet and Defendant Jed Margolin’s First Set of Requests for Production to Patrick Canet. True and correct copies of these discovery requests are attached

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respectfully hereto as Exhibits C and D. Canet was also served with Defendant Jed Margolin’s First Set of Requests for Admissions to Patrick Canet on February 6, 2018.

6. On February 6, 2018, counsel for Canet, Jeffrey Hartman, emailed me and requested a 10 day extension to respond to Mr. Margolin’s first sets of discovery, which I granted. A true and correct copy of a February 6-7, 2018 email string between me and Mr. Hartman is attached hereto as Exhibit E. On February 28, 2018, I granted Mr. Hartman another extension, until noon on March 6, 2018, to respond to the discovery requests. A true and correct copy of a February 28, 2018 email string between me and Mr. Hartman is attached hereto as Exhibit F. At 11:49 a.m. on March 6, 2018, Mr. Hartman emailed responses to the requests for admissions. A true and correct copy of a March 6-14, 2018 email string between me and Mr. Hartman is attached hereto as Exhibit G. I did not grant Mr. Hartman a further extension to respond to the Interrogatories or Requests for Production. After I did not receive responses to the Interrogatories or Requests for Production, I emailed Mr. Hartman on March 7, 2018 to inquire whether he had mailed them. Id.

Mr. Hartman did not respond. Id. On March 8, 2018, I emailed Mr. Hartman again. Id. In response, he indicated that he had sent “the Answers to Interrogatories to Paris for review and approval” and that he hoped “to have the documents ready by the end of the day tomorrow” – i.e. March 9, 2018. Id. I did not receive responses to the Interrogatories or Requests for Production on March 9, 2018. Id. On March 13, 2018, I emailed Mr. Hartman to see where the responses were, but he did not respond. Id. On March 14, 2018, I emailed him again, but he did not respond. Id. No responses to the Interrogatories or Requests for Production have been served, or documents relating thereto.

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

DATED: This 21st day of March, 2018.

BROWNSTEIN HYATT FARBER SCHRECK, LLP

By:

_____________________

Matthew D. Francis

Arthur A. Zorio

5371 Kietzke Lane

Reno, NV 89511

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Telephone: 775-324-4100

Attorneys for JED MARGOLIN

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Case 17-05016-btb Doc 26 Entered 03/21/18 15:34:00 Page 5 of 5

CERTIFICATE OF SERVICE

Pursuant to Fed. R. Civ. P. 5(b), I certify that I am an employee of BROWNSTEIN HYATT FARBER SCHRECK, LLP, and on this day of March, 2018, I served the document entitled DECLARATION OF MATTHEW D. FRANCIS IN SUPPORT OF CROSSDEFENDANT JED MARGOLIN’S MOTION FOR SUMMARY JUDGMENT AGAINST CROSS-CLAIMANT PATRICK CANET on the parties listed below via the following:

[ ]  VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada, addressed as follows:

Dana Jonathon Nitz, Esq.

Yanxiong Li, Esq.

Wright, Finlay & Zak, LLP

7785 W. Sahara Avenue., Suite 200

Las Vegas, NV 89117

yli@wrightlegal.net

Jeffrey L. Harman, Esq.

HARMAN & HARTMAN

510 West Plumb Lane, Suite B

Reno, NV 89509

notices@bankruptcyreno.com

[ ] BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. A receipt of copy signed and dated by such an individual confirming delivery of the document will be maintained with the document and is attached.

[ ] VIA COURIER: by delivering a copy of the document to a courier service for over-night delivery to the foregoing parties.

[X]  VIA ELECTRONIC SERVICE: by electronically filing the document with the Clerk of the Court using the ECF system which served the following parties electronically:

___________________________________________

Employee of Brownstein Hyatt Farber Schreck, LLP

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