IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE. AFFIDAVIT OF 716 WEST FOURTH AVENUE, LLC'S CIVIL RULE 56(f)

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1 THE SUPEROR COURT FOR THE STATE OF ALASKA THRD JUDCAL DSTRCT AT ACHORAGE ALASKA BULDG, C., an Alaska crpratin, Plaintiffs. RECEVED BY: JU vs. 716 WEST FOURTH AVEUE LLC, KOOCE PFEFFER BETTS, C., d/b/a KPB ARCHTECTS, PFEFFER DEVELOPMET, LLC, LEGSLATVE AFFARS AGECY, and CRTERO GEERAL, C., Case.: 3A Civil Defendants. AFFDAVT OF 716 WEST FOURTH AVEUE, LLC'S CVL RULE 56(f) REQUEST FOR ADDTOAL TME TO RESPOD TO PLATFF'S MOTO FOR PARTAL SUMMARY JUDGMET (OT EXTESO) STATE OF ALASKA ) ) ss. THRD JUDCAL DSTRCT ) CO _ ( f!s s l 5 OS CO ut X D * Z u_ H 3. UJ* C> S 0" wit > Z s r^ 1 ( Q\, Jeffrey W. Rbinsn, being first duly swrn upn ath, depse and state: 1. a an attrney with the law fir f Ashburn & Masn, P.C., cunsel fr 716 West Furth Avenue, LLC ("716") in the abve-captined case and subit this affidavit in supprt f 716 West Furth Avenue, LLC's Request fr Additinal Tie t Respnd t Plaintiffs Mtin fr Partial Suary Judgent (nt extensin). 2. have persnal knwledge f all facts described herein and affir all h ther facts based n y infratin and belief. { :1} Pase 1 f5

2 3. Plaintiff served 716 with a tin fr partial suary judgent as t Cunt n June 12, 's respnse will be due by June 29, is filing a dispsitive Mtin t Disiss Cunt n subject atter jurisdictin grunds. This tin is accpanied by a tin t stay discvery, which if granted, wuld put a halt t discvery. f the curt were t grant the tin t disiss Cunt, n further discvery bligatins wuld reain with respect t Cunt. fthe curt grants 716's tin t stay discvery while the subject atter jurisdictin tin is pending (as it has the Agency's), discvery wuld als ce t a halt. Accrdingly, 716 wuld be under n bligatin t gather re infratin during planned discvery, which culd then be cnsidered by the curt in respnse t Plaintiffs suary judgent tin is als filing a jinder in Defendant Legislative Affairs Agency's tin t stay prceedings with respect t Cunt. Befre the Curt can prceed t 00 _ rm P O =i -? O O i uj X D S 5 u. *. S'- 1- * 2 fc 5 > u *d > Z 1 (S O O address any f Plaintiffs clais n Cunt, including the "nt extensin" partial suary judgent clai, the curt ust cnsider whether it even has subject atter jurisdictin t hear that clai. f the curt grants the stay, it will be unnecessary fr 716 t respnd t plaintiffs suary judgent tin with respect t Cunt. 6. n the event all f the abve-entined tins are denied, Plaintiffs tin is still significantly preature. Plaintiff has yet t prvide 716 with any discvery related t the lease it has deeed "illegal," except what it attached as an AFFDAVT SUPPORT OF CVL RULE 56(F) REQUEST FOR ADDTOAL TME TO RESPOD TO PLATFF'S MOTO FOR PARTAL SUMMARY JUDGMET (OT EXTESO) Alaska Building, nc. vs. 716 West Furth Avenue, LLC, et. al. 3A Civil Page 2 f5

3 affidavit t the suary judgent tin. (Plaintiff did nt file a 12(b)(6) tin.) Plaintiffrecently aended its cplaint, a respnse which is due fr 716 n 6/22/ has had virtually n tie t cnduct eaningful discvery, including arranging depsitins r retaining experts. Accrding t the Curt's Rutine Pretrial Order, the final date fr parties t serve written discvery is April 11, The final date t depse lay witnesses is May 23,2016. At best, discvery is in the preliinary stages has been diligent in preparing discvery. 716 has already disclsed clse t 300 pages f dcuents with respect t Cunt t Plaintiff. Mrever, 716 has spent cnsiderable tie in wrking with cunsel fr ther Defendants, cunicating with insurers, and drafting case-related pleadings. Plaintiff did nt clarify its actual thery n 716's inclusin in the cplaint until Plaintiff ppsed the Agency's Mtin t Disiss n June 12, 2015, siply stating "Punitive daages are sught against 716 LLC fr entering int the illegal LO Lease." 0 d D M n _ CS n n n O 2. 0 _ 2 u > h 1 O 8. t is nt feasible fr 716 t respnd t Plaintiffs tin fr partial suary judgent at this tie. First, as 716 has argued in its tin t disiss, plaintiff lacks bth interest-injury and citien-taxpayer standing t bring suit with respect t Cunt t begin with. The dispsitive tin n subject atterjurisdictin shuld cntrl the reaining litigatin. Secnd, undersigned will be unavailable fr June 29, 2015-July 14, 2015, and thus lacks tie, as he prepares fr leave, t AFFDAVT SUPPORT OF CVL RULE 56(F) REQUEST FOR ADDTOAL TME TO RESPOD TO PLATFF'S MOTO FOR PARTAL SUMMARY JUDGMET (OT EXTESO) Alaska Building, nc. vs. 716 West Furth Avenue, LLC, et. al. 3A Civil Page 3 f5

4 tie frae. FURTHER YOUR AFFAT SAYETH AUGHT. t)lv(l bu*\ti SUBSCRBED AD SWOR t befre e this %5 day fjune, OTARY PUBLC in and fr Alaska My Cissin Expires: / [\ 2jO\^ AFFDAVT SUPPORT OF CVL RULE 56(F) REQUEST FOR ADDTOAL TME TO RESPOD TO PLATFF'S MOTO FOR PARTAL SUMMARY JUDGMET (OT EXTESO) Alaska Building, nc. vs. 716 West Furth Avenue, LLC, et.al. 3A Civil 111 H 5 t iu _ D 0 Z «U. ui *. - O * n t; 5 > Z «(S S O n

5 CERTFCATE OF SERVCE certify that a cpy fthe freging was served Q electrnically Q essenger Q facsiile H U.S. Mail n the 23 day fjune 2015, n: Jaes B. Gttstein Law Offices fjaes B. Gttstein 406 G Street, Suite 206 Anchrage, Alaska Mark P. Scheer Scheer & Zehnder LLP 701 Pike Street, Suite 2200 Seattle, WA ^ 5 uj X 3 2 in Kevin Cuddy Stel Rives, LLP 510 L Street, Suite 500 Anchrage, Alaska Cynthia L. Ducey Delaney Wilsn, nc W. 3rd Avenue, Ste. 400 Anchrage, Alaska Dan Quinn 360 K Street, Suite 200 Anchrage, AK i d D ASHBUR & MASO Rv: &M&i U)qduMfr Heidi Wyckff AFFDAVT SUPPORT OF CVL RULE 56(F) REQUEST FOR ADDTOAL TME TO RESPOD TO PLATFF'S MOTO FOR PARTAL SUMMARY JUDGMET (OT EXTESO) AlaskaBuilding, nc. vs. 716 West Furth Avenue, LLC, et. al. 3A Civil Page 5 f5