Opinion
Civil Action 3:22-CV-03889
06-07-2023
Kelly Guerrero, Plaintiff v. Dover Bay Specialty Insurance Co., et al., Defendant
KAY, MAGISTRATE JUDGE
SWORN DECLARATION OF GRANT P. GARDINER
JAMES D. CAIN, JR. JUDGE
I, Grant P. Gardiner, declare under penalty of perjury and pursuant to 28 U.S.C. Section 1746 that the below statements are true and correct. In accordance and compliance with this Honorable Court's Order to Show Cause (“Order”), I respectfully offer the following statements addressing each of the specific questions and/or topics of inquiry set forth in the Order, items A through J, the complete language of which are reproduced below in italic font.
a. How Kelly Guerrero became a client of the firm:
I do not have knowledge or information pertaining to Kelly Guerrero's initial engagement with McClenny, Moseley & Associates (“MMA”).
b. Whether you personally have ever spoken with Kelly Guerrero:
To the best of my knowledge, I have never spoken to or corresponded with Kelly Guerrero.
c. Whether you personally reviewed the complaint before it was filed:
My first day of employment at MMA was on July 18, 2022. The evening of Friday, August 19, 2022, MMA's Louisiana Managing Partner, R. William Huye III, provided me with the first notice of my expected involvement in the filing of the MMA lawsuits related to Hurricanes Laura and Delta. Prior to this notice, neither Mr. Huye or any other partner or employee of MMA imparted upon me any obligations or responsibilities related to the preparation of lawsuits, the review of lawsuits, or the filing of lawsuits. Mr. Huye informed me that my PACER account, and the PACER accounts of Claude Reynaud and Cameron Snowden, would have to be used in addition to his own PACER account in order to timely file all complaints within the few remaining days prior to the upcoming prescriptive date for claims associated with Hurricanes Laura and Delta. Mr. Huye further explained that a pleading can only be filed through a PACER account if the name on the filing account matches the name of the signatory on the pleading. Mr. Reynaud, Mr. Snowden, and I were informed by Mr. Huye that it would only be physically possible to file all complaints in time using a team of staff members working constantly and utilizing all four PACER accounts. Otherwise, Mr. Huye explained, a substantial number of lawsuits would not be filed and would therefore prescribe. My options as I understood them were to (1) allow my PACER account to be used in an effort to have all complaints filed timely and protect client rights, or (2) risk allowing the claims to prescribe. Given the circumstances, I chose the option that I believed would best protect the clients and allowed Mr. Huye and his staff to affix my signature to a portion of the pleadings and access my PACER account to complete the filings.
MMA utilized templated complaints. I did not participate in the drafting of the template complaints. The complaint filed in this matter was substantively similar to the template complaint utilized by MMA in general. Because of the time limitations, it would have been physically impossible for me to review each complaint and client file prior to each lawsuit being filed. However, I was given assurances by Mr. Huye that the information and allegations contained in the lawsuits was verified to best of his knowledge and ability based on information or documentation from the client, information or documentation from the insurance company, or a combination of both. In reliance on these assurances and due to the perceived risk faced by MMA clients if my PACER account was not utilized, I gave permission for my PACER account to be accessed for filing lawsuits. Additionally, I personally filed a portion of the lawsuits through my PACER account. However, I cannot recall if I personally filed the lawsuit in this matter specifically.
In reliance on Mr. Huye's directions and assurances, I did not personally review the complaint in this case prior to suit being filed.
d. Whether you personally reviewed Kelly Guerrero's file before the complaint was filed:
I did not have any personal knowledge of Kelly Guerrero's file at the time this complaint was filed. I relied on the assurances by R. William Huye III that the file materials used to generate the complaint were verified to the best of his knowledge and ability, and thus, that the allegations in the complaint itself were accurate. Unfortunately, due to the delayed first notice of my responsibility related to the hurricane lawsuits, I did not have sufficient time or a reasonable opportunity under the circumstances to review and verify the file materials prior to the statute of limitations.
e. Upon what information you relied to make the allegations made in the complaint:
Please see responses (c) and (d) above. I did not personally make the allegations in the complaint. I did, however, rely on assurances from R. William Huye III that the allegations were valid when I allowed my signature to be affixed to the complaint.
f. A list of all software applications used by MMA for case management:
At the time of the filing of this suit through my resignation from MMA on March 4, 2023, to the best of my knowledge, MMA primarily used a case management software, “Smart Advocate.” Additionally, case files were maintained in part on “Microsoft SharePoint.”
g. Whether you kept records of activity on behalf of Kelly Guerrero separate and apart from the software identified in response to (2)(f) above used by MMA in general for case management and, if so, the name of that software or record keeping mechanism:
I did not keep or maintain any records on behalf of Kelly Guerrero separate and apart from the software identified in response (f).
h. Whether there exists a fee sharing arrangement between MMA and another law firm reflected in Kelly Guerrero's retention agreement or otherwise:
I do not have knowledge or information related to a fee sharing arrangement in this matter. In general, while employed at MMA, I would become aware of a referring law firm if it was noted in a client file on Smart Advocate. However, I do not recall if there was a referring law firm or fee sharing arrangement in this matter specifically. Additionally, I note that I personally have no fee interest in this matter, nor any MMA file.
i. A full explanation of why such an arrangement exists:
I do not have knowledge or information related to a fee sharing arrangement in this matter.
j. What role was served in this litigation by any non-MMA attorney with whom MMA would share fees. This explanation must provide specific details of how this fee sharing arrangement was intended to benefit Kelly Guerrero.
I do not have knowledge or information related to a fee sharing arrangement in this matter. Additionally, I do not have knowledge or information related to the role or roles served by non-MMA attorneys in this matter.
The undersigned, Grant P. Gardiner, attests that everything stated and contained herein is completely true, correct, and accurate to the best of his personal knowledge, information, and belief.