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PAYSON DECL. RE PROVISION OF ORDER TO SHOW CAUSE 

Case No. 4:17-cv-755-CW 

4878-0673-4404v.3 0108933-000006 

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SEAN M. SULLIVAN (State Bar No. 229104) 

DAVIS WRIGHT TREMAINE LLP 

865 South Figueroa Street, 24th Floor 

Los Angeles, California 90017-2566 

Telephone: (213) 633-6800 

Fax: (213) 633-6899 

seansullivan@dwt.com 

KENNETH E. PAYSON (Pro Hac Vice) 

DAVIS WRIGHT TREMAINE LLP 

920 Fifth Avenue, Suite 3300 

Seattle, WA 98104-1610 

Telephone: (206) 622-3150 

Fax: (206) 757-7700 

kenpayson@dwt.com 

Attorneys for Defendant 

LIBRE BY NEXUS, INC. 

IN THE UNITED STATES DISTRICT COURT 

THE NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

JUAN QUINTANILLA VASQUEZ GABRIELA 

PERDOMO ORTIZ, and VICTOR HUGO 

CATALAN MOLIN, individually and on behalf 

of all others similarly situated, 

Plaintiffs, 

vs. 

LIBRE BY NEXUS, INC. and JOHN DOES 

1-50, 

Defendants. 

Case No. 4:17-cv-755-CW

DECLARATION OF KENNETH E. 

PAYSON RE: PROVIDING ORDER TO 

SHOW CAUSE TO MICHEAL 

DONOVAN, EVAN AJIN, AND 

RICHARD MOORE 

Assigned to the Hon. Claudia Wilken 

Action Filed: February 15, 2017 

Case 4:17-cv-00755-CW Document 238 Filed 12/14/22 Page 1 of 2
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PAYSON DECL. RE PROVISION OF ORDER TO SHOW CAUSE 

Case No. 4:17-cv-755-CW 

4878-0673-4404v.3 0108933-000006 

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I, Kenneth E. Payson, declare as follows: 

1. Identity of Declarant. I am a partner with Davis Wright Tremaine LLP 

(“DWT”), counsel to Defendant Libre by Nexus, Inc. (“LBN”). I have personal knowledge of 

the matters referred to in this Declaration. 

2. Purpose of Declaration. I submit this declaration in response to the Court’s Order 

to Show Cause of December 12, 2022 (ECF No. 236) (“December 12 Order”) related to 

Plaintiffs motion for an order to hold the principals of Libre by Nexus, Inc. (LBN), identified in 

the December 12 Order as Micheal Donovan, Evan Ajin, and Richard Moore, in civil contempt. 

In the December 12 Order, the Court ordered counsel for LBN to provide a copy of the 

December 12 Order to Messrs. Donovan, Ajin, and Moore within one business day of the date of 

the December 12 Order and file a declaration attesting to that within two days thereafter. 

3. Court’s Order to Show Cause Provided to Messrs. Donovan Ajin, and Moore. 

On December 12, 2022, pursuant to the Court’s instructions and consistent with DWT’s and 

Gorby Peters’s coordination with each other to ensure prompt communication to LBN and its 

principals, I sent a pdf of the Court’s December 12 Order via email to Messrs. Donovan, Ajin 

and Moore at the email addresses DWT has on file for them and through which DWT has 

communicated with them regularly in the past. Copied on that email were LBN’s acting outside 

general counsel, Michael Song of Feldmann Nagel Cantagio & Song PLLC, and LBN’s other 

counsel of record, John Shoreman, Mohammed Aly, Mario Williams, Mary Donne Peters, and 

Michael Gorby at the current email addresses in the Court’s online docket for those counsel of 

record. I received an automated response to my email indicating Mr. Aly was no longer 

reachable at his email address listed in the Court’s online docket. I did not otherwise receive any 

notification of unsuccessful delivery of my email referenced above. 

I declare under penalty of perjury that the foregoing is true and correct to the best of my 

knowledge and belief. 

Executed this 14th day of December, 2022, in Seattle, Washington 

By: /s/ Kenneth E. Payson 

KENNETH E. PAYSON 

Case 4:17-cv-00755-CW Document 238 Filed 12/14/22 Page 2 of 2