William D. Brandt, OSB #720366

William D. Brandt, P.C.

880 Liberty Street NE, Suite 500

Salem, OR 97301

Tel: 503-485-4168

Fax: 503-364-6735

Email: Bill@BrandtLawOffices.com

Attorney for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

LARRY DEAN CROW,

Plaintiff,

vs.

BROOKS MOTOR COMPANY, INC. an

Oregon Corporation, and GARY BROOKS,

individually,

Defendants.

Case No. 3:13-cv-00757-ST

DECLARATION OF WILLIAM D. BRANDT

IN SUPPORT OF DEFENDANTS’ MOTION

TO CONTINUE TRIAL DATE

UNDER PENALTY OF PERJURY:

I, WILLIAM D. BRANDT, hereby state as follows:

I am attorney for defendants in the above entitled matter.

It was recently brought to my attention that defendant Gary Brooks is scheduled for surgery

on his right shoulder. The surgery has been scheduled for January 28, 2016. See Exhibit 1

attached hereto. Mr. Brooks will be severely limited in his ability to function for two to four months

post-surgery and will be required to undergo “extensive physical therapy following the operation

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 CONTINUE TRIAL DATE

Case 3:13-cv-00757-BR Document 81 Filed 12/10/15 Page 1 of 3
for somewhere between two and four months.” See Exhibit 2 attached hereto. Therefore,

defendants respectfully request a reset of the February 9, 2016 trial to a date after June 1, 2016.

I have consulted with opposing counsel who do not oppose a reset of the trial date, although

plaintiff requests that the trial be reset as soon as possible after April 1, 2016. Because defendant

Brooks is not sure at this time how soon after surgery he will be able to participate in trial,

defendants are requesting a trial date after June 1, 2016.

I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY

KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE

IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.

DATED this 10th day of December, 2015.

/s/ William D. Brandt 

William D. Brandt, OSB #720366

Attorney for Defendants

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 CONTINUE TRIAL DATE

Case 3:13-cv-00757-BR Document 81 Filed 12/10/15 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing document on:

D. Michael Dale

Attorney at Law

PO Box 1032

Cornelius, OR 97113

 Fax: 503-357-8290

 Email: michaeldale@dmichaeldale.net

Attorney for Plaintiff

Banafsheh Violet Nazari

Attorney at Law

1526 NE Alberta Street, Suite 310

Portland, OR 97211

 Email: violet@nazarilaw.com

Attorney for Plaintiff

by the following indicated method or methods:

□ by mailing a full, true, and correct copy thereof in a sealed, first-class postage-prepaid

envelope, addressed to the attorney(s) and/or parties as shown above, the last-known

office address of the attorney, and deposited with the United States Postal Service at

Salem, Oregon, on the date set forth below.

□ by e-mailing a full, true, and correct copy thereof to the attorney(s) and/or parties as shown

above, at the last known e-mail address of the person.

□ by faxing a full, true, and correct copy thereof to the attorney(s) and/or parties as shown

above, at the fax number(s) shown above, which is the last known fax number for the

attorneys' office, on the date set forth below. The receiving fax machine was operating at

the time of service and the transmission was properly completed. The confirmation report

is available for inspection upon request.

X by serving by electronic means through the court’s CM/EFC system.

DATED this 10th of December, 2015.

/s/ William D. Brandt 

William D. Brandt, OSB #720366

Attorney for Defendants 

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 CONTINUE TRIAL DATE

Case 3:13-cv-00757-BR Document 81 Filed 12/10/15 Page 3 of 3