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Affidavit of Eric W. Pinker
Exhibit 1

Beginning of Legal Text

NO. 05-97-01098-CV

EVAN BROWN,
Appellant,

v.

DSC COMMUNICATIONS
CORPORATION, INC.,
Appellee.
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 IN THE COURT OF APPEALS
FOR THE FIFTH DISTRICT OF TEXAS
AT DALLAS




STATE OF TEXAS
AFFIDAVIT OF ERIC W. PINKER
COUNTY OF DALLAS


BEFORE ME, the undersigned authority, on this day personally appeared Eric W. Pinker, who, being by me duly sworn, on his oath stated as follows:
  1. My name is Eric W. Pinker. I am over the age of 18 years, have never been convicted of a felony or a crime involving moral turpitude, and am competent to make this Affidavit. The matters and facts stated herein are within my personal knowledge and are true and correct.

  2. I am an attorney duly licensed to practice law in the state of Texas, and I am one of the attorneys representing DSC in this lawsuit.

  3. The trial court held a hearing on DSC's application for a temporary injunction on June 30, 1997. This was the second temporary injunction hearing in this case. Judge Roach of the 199th Judicial District Court first heard DSC's application for a Temporary Injunction on May 2, 1997, and thereafter entered a May 13, 1997 Temporary Injunction in favor of DSC. Following the entry of that order, Brown moved to disqualify the Judge Roach on the ground that he was a stockholder in DSC, a fact which Brown knew about and agreed to several days before the temporary injunction hearing. Nonetheless, Brown's Motion for Disqualification was eventually granted on June 27, 1997, and the case was assigned to Judge Henderson of the 219th Judicial District Court. True and correct copies of the orders (i) granting Brown's Motion for Disqualification and (ii) assigning this case to the 219th Judicial District Court are attached hereto as Exhibits 1 and 2, respectively.

  4. Brown was properly given notice of the June 30, 1997 temporary injunction hearing. Brown appeared in person and through counsel at this hearing. Brown participated fully in the hearing, called and examined witnesses, introduced and objected to the introduction of evidence, and made arguments to the trial court. At the conclusion of the hearing, the trial court found in favor of DSC and entered the June 30, 1997 Temporary Injunction Order (the "Order"). A certified copy of that June 30, 1997 Temporary Injunction Order is attached hereto as Exhibit 3.

  5. Brown is fully aware of the entry of the Order. Both he and his counsel attended the hearing at which the Court entered the temporary injunction in favor of DSC. Indeed, Brown perfected an appeal of the Order by filing a cash deposit in lieu of a bond on July 1, 1997.

  6. Brown's failure to disclose the Solution to DSC in the manner specified by the Order threatens to irreparably harm DSC. Moreover, this delay further threatens to make ineffectual any eventual determination of DSC's declaratory judgment claim concerning ownership of the Solution in that other parties may, during this period of delay, perfect rights to the technology encompassed by the Solution.
FURTHER AFFIANT SAITH NOT.

SUBSCRIBED AND SWORN TO BEFORE ME this 16th day of July, 1997 to certify which witness my hand and official seal.

<<< EXHIBIT 1 >>>

NO. 199-59697
DSC Communications
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VS.

Evan Brown

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 IN THE 199th Judicial District
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COURT OF COLLIN

COUNTY, TEXAS

ORDER ON MOTION TO DISQUALIFY

A motion to disqualify having been heard by me in the above styled and numbered cause and after considering the pleadings, evidence and argument thereon the Motion is GRANTED.

<<< EXHIBIT 2 >>>

THE STATE OF TEXAS
FIRST ADMINISTRATIVE JUDICIAL REGION
ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE

Pursuant to Article 74.056, Texas Government Code, I hereby assign the:

Honorable CURT BRADLEY HENDERSON,
Active Judge of the 219th District Court
To The 199th District Court of Collin County, Texas.

This assignment is for the period of __ week(s) (or) 1 day(s) beginning 06/27/1997, providing that this assignment shall continue after the specified period of time as may be necessary for the assigned Judge to complete trial of any case or cases begun during this period, and to pass on motions for new trial and all other matters growing out of cases tried by the Judge herein assigned during this period.

CONDITION(S) OF ASSIGNMENT [IF ANY].

To hear cause No. 199-596-97; DSC Communications corp. vs. Evan Brown. notice board so that attorneys and parties may be advised of this assignment, in accordance with law.

End of Legal Text

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