UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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GUY CARPENTER & COMPANY, LLC and 

MARSH & McLENNAN COMPANIES, INC.,

Plaintiffs,

v.

JULIAN SAMENGO-TURNER, RON 

WHYTE, and MARCUS HOPKINS,

Defendants.

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Case No. 07 - CV- 3580 (DC)

DECLARATION OF JOHN P. 

BARRY

I, John P. Barry, hereby declare:

1. I am a member of Proskauer Rose LLP, attorneys for Defendants in the abovecaptioned matter. I submit this declaration in support of Defendants’ application to stay the 

proceedings in this case pending resolution of the pending U.K. Action; for reconsideration and 

vacation of the Court’s May 24, 2007 Order; for a stay of discovery pending resolution of the 

U.K. Action and the pending motion to dismiss plaintiffs’ Complaint based upon insufficient 

personal jurisdiction and/or under the doctrine of forum non conveniens; and to amend the Order 

to certify that the matter is appropriate for immediate interlocutory appeal. 

2. A true and correct copy of the pending motion to dismiss plaintiffs’ Complaint 

(Notice of Motion, Memorandum of Law, Declaration of Ron Whyte, Declaration of John P. 

Barry with annexed exhibits, and Appendix of Unpublished Cases, labeled as pages 001 to 395) 

is attached as Exhibit A. 

3. A true and correct copy of Defendant Whyte’s Memorandum of Law and 

Declaration in opposition to plaintiffs’ motion for expedited discovery (labeled as pages 01 to 

33) is attached as Exhibit B. 

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4. A true and correct copy of the transcript of the scheduling conference held before 

the Court on May 18, 2007 is attached as Exhibit C.

5. A true and correct copy of the Court’s Order, dated May 24, 2007, is attached as 

Exhibit D. 

6. A true and correct copy of Defendants’ Claim for a declaratory judgment and 

application for an anti-suit injunction (Part 8 Claim Form, Skeleton Argument on Behalf of 

Claimants, First Witness Statement of Katharine Clare Payne (without exhibits), Second Witness 

Statement of Katharine Clare Payne (without exhibits), and Application Notice for interim antisuit injunction) filed with the High Court of Justice in London on 29 May 2007 is attached as 

Exhibit E. 

7. A true and correct copy of Plaintiffs’ cross-application requesting that Defendants 

be compelled to provide information and documents (Application Notice; Draft Order; Skeleton 

Argument of the First and Third [Plaintiffs]) filed with the High Court on 1 June 2007 is attached 

as Exhibit F. 

8. A true and correct copy of Plaintiffs’ opposition to Defendants’ application for an 

anti-suit injunction (Witness Statement of Lynsey Mansfield (1 June 2007) and Skeleton 

Argument of the [Plaintiffs] (4 June 2007)) filed with the High Court and labeled as pages 01 to 

33 is attached as Exhibit G. 

9. A true and correct copy of Defendants’ submission in reply to Plaintiffs’ 

opposition (Third Witness Statement of Katharine Clare Payne, Skeleton Argument on behalf of 

Claimants) filed with the High Court on 5 June 2007 is attached as Exhibit H. 

10. To date, the Complaint still has not been served upon Messrs. Samengo-Turner or 

Hopkins. 

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11. During off-the record discussions with the Court on May 18, 2007, Plaintiffs’ 

counsel represented that Plaintiffs had no intention of filing suit against Defendants in England.

12. Marsh and GC were also presented as being interchangeable and Plaintiffs’ 

counsel represented that all of Marsh’s subsidiaries were included within the Bonus Contract’s 

broad definition of “company” and that “MMC” referred to “subsidiaries or affiliates.”

13. Plaintiffs’ counsel also addressed Schedule II.D. and contended that the Court 

was fully equipped to apply English law. 

14. On May 29, 2007, Plaintiff’s counsel advised that Plaintiffs would not agree to 

limit the scope or duration of the depositions and insisted on nothing less than full seven-hour 

depositions of each Defendant as permitted by the Federal Rules. 

15. A true and correct copy of the Declaration of Lynsey Mansfield (without 

exhibits), dated May 10, 2007 and submitted in support of Plaintiffs’ application for expedited 

discovery, is attached as Exhibit I. 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true 

and correct.

Dated: Newark, New Jersey

June 6, 2007

/s/ John P. Barry

John P. Barry

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