Powers v. Braun et al, No. 1:2013cv01622 - Document 28 (D. Md. 2013)

Court Description: MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 12/16/13. (Attachments: # 1 ECF #1 Redacted, # 2 ECF #9-1 Redacted, # 3 ECF #9-2 Redacted, # 4 ECF #9-3 Redacted)(bmhs, Deputy Clerk)

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Case 1:13-cv-01622-ELH Document 9-2 Filed 08/09/13 Page 1 of 7 Plaintift~ v, Jef'fBraun 104 Clfllen Way Allendale, NJ 07401 and Nathan G, Fink, Esq. 47() New Mllfol'd Avenue Oradell. NJ 07649·2Z32 Defondants. DECLAIUTION OF ,THOMA§ GALLO I, Thoml.\s Gallo, bl!i!lg aware of the penalties against perjury and false statement, hereby declare the following is true and accurate: 1. I have personal knowlec:lil:l of the facta relevant to this lawsuit and understand that Mr. Powers 1) seeks payment for legal s\:rvices he rendflred to Mr. J@ffBraunp\lfsonallyand on bllhalf pf companies Mr. Braun owns and/or controls and relating to the Goldlll1 Goal sports park facility in upst&te New York and as to which Mr. Braun is the majority owner; and 2) seeks damages from Defendant Nathan Fink for Mr. Fink's actions in interfering with Mr. Powers' relationship with Mr. Braun. Case 1:13-cv-01622-ELH Document 9-2 Filed 08/09/13 Page 2 of 7 2. I have knowledge of these facts becayse at Mr. Braun's express ins!l'uctim:), and at all times with Mr. Braun's personal awareness and involvement, I worked closely with Mr. Powers, provided support to Mr. Braun's litigation, and served as a trial witness in the cas!;) of Dale Weipg!)rten v. JeffBm!Jn 6t \II. pendin~ in the Supreme Court of the State of New York. 3. In that Case, in early 2012, Mr. Braun was sued by Mr. Dale Weingarten, Braun's sole and the minority partner in the Golden Goal sports complex business. Mr. Braun explained to me that he had retained Mr. Powers to handle all aspects of the litigation and that Mr. Powers would be defending Mr. Braun and the Golden Goal companies and business and would work closely with Jeff Goodman, the NY attorney who Mr. Braun previously hact assignect to hanctle some of th!)se Golcten Goal matters. 4. At the time of Mr. Powers' hiring, Mr. Braun was working on Golcten Goal related matterS with Mr. Goodman and also with MI'. Nathan Fink, a New Jersey tax attorney who I understood wa~ advising Mr. Braun personally and with regard to his Golden Goal companies but later learn~d Mr. Fink was not licensed in New York. S. Temporary Restraining and M t~d Case 1:13-cv-01622-ELH Document 9-2 Filed 08/09/13 Page 3 of 7 6. I work:!ld with Mr. Goodman and MI'. Braun expending significant man houra In tnwcl, preparation and jn court and witness rooms. 7. I fOl,lud Mr. Goodman and Mr. Powers to both be honest and hardworking individuals and commencing in March of2012, Mr. Braun, myself, Mr. Goodman and Mr. Powers made repeated trips l,Ip to Fort Edward, New York so we could be heard in the TRO. W~ were forced to r!)turn to upstat~ New York l'epeatedly because the local judge wo\dd simply not give lJS a ~olid block of time in which to be heard. 8. In the beginning, Mr. Braun and his legal advisors were aU aligned and working well. But very quickly and as time went on (the TRO hearing took four trips to Fort Edward across nearly as many months) Mr. Braun began to complain to me about Mr. Powers not adequately 'controlling' the court or the judge. These complaints were both professionally disruptive and simply awkward and I told Mr. Braun to raise them with Mr. Powers but to my knowledge he would and did not. 9. By April of2012, r was also being contacted by Mr. Fink and Mr. Braun about the Golden Goal litigation and it became clear to me that Mr. Powers was not being involved in some of those talks by either Mr. Braun or Mr. Fink and to me it seemed that Mr. Braun was st!\rting to act on his complaints by working more with Mr. Fink and less with Mr. PowerS. 10. Notably, I WIIS Mailed upon to testify ill the Ciolgen Goalliti~ation and I 'lo(lvdinllted my testimony with Mr. Powers and with Mr. Goodman. [Mr. Powers copied Mr. Goodman on ollr litiglltion emails and Mr. Goodman was involved in all aspel;ts of the litigation inchlding as a witness]. A key portion of my testimony addressed the relative percentage Case 1:13-cv-01622-ELH Document 9-2 Filed 08/09/13 Page 4 of 7 ownership interests held by Mr. Braun and Mr. Weingarten in one of their Golden Goal related limited liability companies called ID Sports Park, LLC ("ID Sports"). 11. In court, I testified that those interests Were 51 % Braun and 49% Weingarten once the entity began to show operating profits and this was consistent with what Mr. Goodman and Mr. Powers had told the court and this was the same as what Mr. Braun had told the judge in his testimony. 12. In April 2012, in ye was necessary. tly take 13. n was working with two s of the litigation . Fink and Mr. Braun were trying to work ernment by d how such efforts could impact the s, Case 1:13-cv-01622-ELH Document 9-2 Filed 08/09/13 Page 5 of 7 14. ing that if ase, 15. Mr. Braun was very, very unhappy with Mr. Powers email warning and his dissatisfaction with Mr. Powers rose significantly after this event and he complained even more to me and to Mr. Fink about Mr. Powers' handling of his case. 16. On many, many occasions, when Mr. Braun would complain in this way I told him he should not be talking to me but that he should raise his concems with Mr. Powers directly, however, Mr. Braun appeared unwilling or even unable to raise his complaints with Mr. Powers or to be candid and to my knowledge and understanding Mr. Braun never confronted Mr. Powers with his complaints or concerns choosing instead to complain to others. 17. w to get back the IRS funds issue. At Mr. oviding it in draft to Mr. Braun who put Case 1:13-cv-01622-ELH Document 9-2 Filed 08/09/13 Page 6 of 7 rs and Mr. 18. After Mr. Weingarten and his counsel received a copy of that draft filing, on September 13,2012, they complained to the court accusing Mr. Powers and Mr. Braun of attempting to mislead the court by the draft filing which showed Mr. Weingarten having a zero percentage ownership interest versus Mr. Braun's 49% interest. 19. On the 13th of September I was also called by Mr. Powers who said he was simply stunned by the actions of Mr. Braun and Mr. Fink and he asked me what had happened. 20. 21. 22. I understand that within two weeks of Mr. Braun engaging in this action with Mr. Fink and by deliberately not telling Mr. Powers of the plans and conduct, Mr. Powers resigned. 23. When Mr. Powers asked for this statement and affidavit he said he only sought information about 1) Mr. Braun's failure to directly raise or speak to him about the complaints about Mr. Powers legal work, and 2) to detail both the April waming and then the later September actions. 24. In my opinion, Mr. Powers and Mr. Goodman worked very hard on an emotional and hard fought case. Mr. Braun and Mr. Fink did not appear to be open and frank at all Case 1:13-cv-01622-ELH Document 9-2 Filed 08/09/13 Page 7 of 7 times with Mr. Powers and instead of speaking with him about concerns over his work, they complained to me and to others. End of Statement Thomas Gallo State of New York County of /VfJ.f MV1 BEFORE ME, the undersigned Notary, ,on this 1M: day of August, 2013, personally appeare homas Ga 0, and having confirmed and verified his identity, and that he is a person oflawfu age, and after being duly sworn by me, he executed the foregoing statement and confirmed and avers that it is true and accurate to the best of his knowledge and belief. Subscribed and sworn to before me, this _1_ day of August, 2013. [Notary Seal:] 'Signature of otaryJ J, IIJI,ID41~ J ~ "" III/' [typed name of otaryJ NOTARY PUBLIC My commission expires: _ _ _ _ _ _-', 20__. J. TIMOTHY SHERMAN Notary Public, State of New York ¢ . No. 30·4704356 Qualified in, Nassau coun~!') Commission Expires 1\'I'aI'6tl.30, ~

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