3.     Plaintiff’s phone call to Linda Marquart was Friday evening, April 22 2005, and just prior to Plaintiff’s phone call to Judy Word at approximately 8pm Friday evening April 22 2005.  Plaintiff did not specify the gender or the age of the puppy.  Plaintiff has a loud distinctive voice.  Plaintiff was courteous, stated that he could not get in touch with Debra Allen and that Ms Marquart should confirm with Debra Allen that his litter listing should be on the list.  Plaintiff did not leave his contact information with Linda Marquart, Plaintiff’s Exhibit 2, pg 6. Linda Marquart did not resign from the Club’s puppy referral service because of Plaintiff.  Please reference Exhibit 2, page 4, Debra Allen’s testimony:  “And…al, also that day, later that, early Wednesday morning I talked to Linda Marquart because she had just realized she was on Puppy Referral and didn’t want to be on it anymore”…  Debra Allen is referring in that testimony to Wednesday, April 13 2005 which was the day after the Board meeting and the day before Plaintiff called Debra Allen to reinstate their litter listing.  Debra Allen is acknowledging at that time Linda Marquart did not want to be a puppy referral volunteer which was over a week before Plaintiff spoke with Linda Marquart on April 22, 2005.

 

5.     It is Plaintiff’s contention that Linda Marquart did not write this affidavit, it had to be written by a Board member who is/was not aware of all the actual facts and as part of their conspiracy, the Board is desperately trying to put up a united front with these affidavits and the dates they are giving.  Again, dates are wrong.  Not only wrong at this time but in total contradiction to Defendant’s evidence at the hearing, Defendant’s testimony at the hearing, and the affidavits of Judy Word, and Debra Allen.  Linda Marquart states in this affidavit “I was not aware of any discussions between the Meyers and anyone on the Club’s board of directors concerning this puppy until on or about July 13, 2005, when Judy Word called me asking if I knew anything about the Meyer’s 11-week-old male puppy and how it got on the puppy referral list.  I explained the situation outlined above.”  Defendant’s Judy Word and Debra Allen in their attached affidavits speak of a conversation on or about May 16,17 2005 whereby Debra Allen told Judy Word to contact the puppy referral volunteers working backward until they found which volunteer listed Plaintiff’s puppy.  Judy Word’s affidavit, paragraph 16 states “When I contacted Linda Marquart, who had puppy referral the week of April 18 to 24, she told me that Alan Meyer had called her late that week and had been very belligerent and demanded that the puppy be put on the list.”  At Plaintiff’s hearing, Judy Word produced an unsigned typed document allegedly from Linda Marquart with regards to Plaintiff’s phone call with Linda Marquart.  Debra Allen’s affidavit, paragraph 10 states: “Judy reported to the board that Linda Marquart, the puppy referral volunteer the week of April 18 had received a heated phone call from Alan demanding that the puppy be put on the list.”  This was reported to the Board before the Board of Director’s meeting on June 21, 2005.  Yet in Linda Marquart’s affidavit, paragraph 6, she states: I was not aware of any discussions between the Meyers and anyone on the Club’s board of directors concerning this puppy until on or about July 13, 2005, when Judy Word called me asking if I knew anything about he Meyers’ 11 –week-old male puppy and how it got on the puppy referral list.”  According to Linda’s affidavit she was not contacted by Judy Word until July 13, 2005 which is a direct contradiction to all information stated by Judy Word to date regarding Linda Marquart.  It is Plaintiff’s contention that the typed statement allegedly written (unsigned) by Linda Marquart that was produced at Plaintiff’s hearing was not written by Linda Marquart and that Linda Marquart’s affidavit is proof of the conspiracy against Plaintiff’s as it is clear that all affidavits in this Motion To Dismiss were not individually written by those swearing to the content of these documents.