1. I am a shareholder in the {irm of Greenberg Traurig, LLP ("GT'), counsel to defendant

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1 ) J 4 6 GREGORY D. TRMARC}E (SBN 43686) AMY ALDERFER (SBN 20482) GREENBERG TRAURG, LLP 240 Colorado Avenue, Suite 4008 Santa Monica, California 9t4A Telephone: (3 0) Facsimile: (30) Attorneys for Defendant Brock Pierce nor^-ff,9.&#,#cûur? Jc t-'n \qçr..a ritqg, rçerk e r {,' iù-irì,"è}l&pu'o 7 8 STJPEROR COURT OF'THE STATE OF CALFORNA Í,OR THE COUN'rY OF'LOS A}GELES 0 L2 3 t4 s t6 t7 8 9 ALEXANDER BURTON; MARK RYAN; and MCHAEL E., a minor, by and tlrough his Guardian ad Litem, BONNE MOUND, vs. Plaintiffs, MARC COLLNS-RECTOR; CHAD SFACKLEY; BROCK PERCE; DGTAL ENTERTANMENT NETWORK, NC, ; DOES through 00, inclusive; ABC CORPORATONS through 00, inclusive, Defendants. case NO. LC0303 DECLARATON OF' GREGORY D. TRMARCE Date: May 7,2004 Time: 8:30 a.m. Dept. NW "T" Action Filed: Trial Date: July 20,2000 M;ay 7, t Brock Pierce., Gregory D. Trimarche, hereby decla e as follows:. am a shareholder in the {irm of Greenberg Traurig, LLP ("GT'), counsel to defendant 2. have personal knowledge of the facts set forth below and, if called to testif, could and would testi& competentþ thereto. 3. To the best of my knowledge, the settlement agreements in this Action between Defendant Brock Pierce and PlaíntiffMichael Egan and between Defendant Brock Pierce and Plaintiff Mark Ryan, respectively, dated as of March 30,2004 (the "Settlement Agreements'), were negotiated during March 2004, directly by and between Pierce, Egan and Ryan, with the assistance of a mutual DECLARATON OF GREGORY D. TRMARCHE 7,0 'd 0968 q 6Þ6 '0N XVJ ÐtUnVUJ ÐHtENffiHÐ t^td t:0 HC Þ00 -t[-åth ÈËæÇrtr[**RiFpr. ffiìfrrnréfflcæãiqfñçtt+4f*?rffië F'?a"" 4iFi.;'

2 ) l0 L l friend who (as understood the process) had acted as a mediator/facilitator in bringing about the settlements. My only involvement in the settlements wa9 that, after the sgttlgqen-ts had been reached between the parties, was asked by my client Pierce to draft the agreements and transmit them to an attomey named David Rivers in Las Vegas, Nevada, who understood had been retained by Ryan and Egan to assist them with respect to the settlements because their counsel in this Action, Dàniel Cheren, was unwilling to do so. 4. During the entire settlement negotiation process leading up to the Settlement Agreements, neither nor any attorney or other employee of Greenberg Traurig had any direct contact with Ryan or Egan. However, on May 0,2004, approximately five weeks after the Settlement Agreements had been executed, Michael Egan called me in my offrce to discuss the Settlement Agreements - specifically, to advise me that his attomey Cheren had put signifìcant pressure on both Ryan and Egan not to enter into those agreements and was continuing to pressure Ryan and Egan not to move forward wrth the settlements.. To that end (and the only other contact have had with Michael Egan), on May 3,.2404, Egan sent m a copy of a letter that he had sent to his couusel, Daniel Cheren, at or about the time of the exeoution of the Settlement Agreements (dated April 6, 2004, copy attached as Exhibit A to this declaration), in which, among other things, he advised Mr. Cheren that he wished to dismiss the case against Pierce, and requested that Mr. Cheren file a voluntary disrnissal within five days. To date, Mr. Cheren has failed and refused to file that dismissal, despite the provisions calling for such in the executed Settlement Agreements, and the abovementioned Aprit 6 lettet from Egan demanding such dismissal. declare under penalty of perjury that the above is tue and correct, and executed on May t 2004, at lrvine, Califomia. GREGORY D. TRMARC}E DECLARATTÛN OF GRECORY D. TRTMARCHE t0 'd 6968 g 6Þ6 '0N XVC ÐtunvHJ ÐH3SN3UC l^td t rt0 Ut t00 -il-åvhl

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5 -.HUF : þf.ìx l.lu, : l"lag. J : ym,4 tui4é,l:fl Y îu: Danir l J. Cheren Crr Chcren & Assgçirrtes lú0 VEnru a Boutsvard ltuito 2 lincirru, CA 9ldå6 (8r 8)99ù-?790 Phone (8 8)9e0-9t96 Facsimile u\pril6,z$m RÉ (hder of'dismirs l for Droukpíerce DearMr. Chcren, tþ? exoøqf $io as e fomul w iüen notlüe ofey desision to dismiss the asse gainst Mr' Piqrce. feel fut this oaso ha l cc l ap"tt orrnylife tbrto tong atrd t r*ilf*ittirg to allow lhe nightsnaro t su anr furtt gr. tviy urinrl,bas urpn-plt ir rõrrgtr to tuucfr iu rnoil *{l 3m not urillíng to allow e hrlfar ûoy r(re, t is o hard on Eìê to movc fors ad and hrrye you for onco respoot -y opìoiuu. i have fslr pressr.ued by y'ou * o not waot yg to lry fo presswe rnc itlto to movíng folwanl agaln. t rsali?,oyou havc a lot of time ar :Pl"Ty:l""r p oil orvrur wo'k ttruivou "ry*ists n ve-doó ro rhis point. Llopefdlywè will be able to oollcct on Colli r -Rearor- & Sbaoklcy sonotimo in the nêar FT*. Upon æceipt gfthis letts expost a ordsr efrtìsmissrl ro be entçred within S bueineês rjays. Janícl, bsvo leo bsea askbg tour rhi bsginuiog ofjuly 2000 lorycu to cc: e on all correspondcace, firinga, arrd fr'eral upo*í- tñ, intbirrjyo;- "' seveél tíme th t wanled to eceive fhiu ood ovr yoi r., teceive on corresponderror. 'thank You in Adva ce for fon r rding ell o"urnclrl perruiliug îö ùo üollin-rector- Shacklcy Csset sr l s 8929 sent via Facsimile (Bl8)ggGgtg8 a rd usps cerdfied rorurn roccipr EX[-[l'BT A 'd lr Þ6 '0N }(V ÐtunvuJ ÐutgNt3uÐ t d Êt:0 UJ to0 -Þt-Åvt"l

6 a'. \ l 2 3 L4 l6 t7 8 L am employed in the aforesaid county, State of C lifornig; am o-ver the age oll_8^y_ear.s uo{tot a parfy to the wi-thiir action; my business addiess is 8300 Von Kannan Avenue, Suite 80, kvine, CA Ou May l4r2aa4, served the DECLARATON OF GREGORY D. TRTvARCHE on the interested partiês in tlis action by placing the true copy thereof, enclosed in a sealed envelope, postage prepaid, addressed as follows: Daniel J. Cheren, Esq, 60 Ventura Blvd., Suite 2 Encino, CA 9436 PROOF OX'SERYCE STATE OF CA,TTORNA, COUNTY OX'LOS A\GELES Teh (88) Fax: (88) X (BY MArL) fl deposited such envelope in the mail at Santa Monica, Califomia. The envelope was mailed -- witli postage thereon fully prepaid. X u* readíly familiar with the br siness practice of my place of employm"o!.io respect to the - collection ánd processins of corespondence, pleadingi and notices for mailing with Uniled Sátes Postal Sèrvice. Tãe foregoiñg sealed envelope was plaoed for collection and mailing. this date consístent with the ordïnari business pracûce of rñy place of employment, so that it will be picked up this date with postage thereoir firlty prepaid ât Santa Monican California, in the ordlnary course ofsuch business. x (srare) f (TEDnRAL) decla.re under penalty of pedury under the laws of the State of California that the foregoing is true and corect. is true and correct the bar of Court at Executed onmay 4,2004, at lrvine, Califomia. A 'd 6q68 g 6t0 '0N )(vj ÐtunvuJ ÐHã8N33UÐ l^ld il:0 U toû -?l-ävh yprçft;!*tr.,-:çfr,:ir?{r]r!4\t4.:ëirjf,ef. ftmlqgp&f-- r++laffi nfffi +=#-'