Court filing
Declaration of Jason D. Evans with Exhibits — Koziara v. Wells Fargo (M.D.N.C.)
Filed September 15, 2020 in Koziara v. Wells Fargo; one of 5 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of North Carolina |
|---|---|
| Filed | 2020-09-15 |
U.S. District Court for the Middle District of North Carolina · No. 1:20-cv-00588-UA-LPA · Doc. 16 · 2020-09-15 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA T.C. KOZIARA, PLLC, FAHMIA, INC., individually and on behalf of all others similarly situated, Plaintiffs, v. WELLS FARGO & CO., WELLS FARGO BANK, N.A., and DOES 1 through 100, inclusive, Defendants. Case No. 1:20-cv-00588 DECLARATION OF JASON D. EVANS IN SUPPORT OF WELLS FARGO & CO. AND WELLS FARGO BANK, N.A.’S MOTION TO DISMISS PLAINTIFFS’ COMPLAINT I, Jason D. Evans, declare as follows: 1. I am an attorney duly licensed by the State of North Carolina and admitted to practice before this Court. I am a partner at Troutman Pepper Hamilton Sanders LLP, and I represent Defendants Wells Fargo & Co. and Wells Fargo Bank, N.A. in the above- titled action. I submit this declaration in support of Wells Fargo & Co. and Wells Fargo Bank, N.A.’s Motion to Dismiss Plaintiffs’ Complaint. I am aware of the facts stated below based on my own personal knowledge. 2. Attached hereto as Exhibit 1 are true and correct excerpts from the Small Business Administration’s (SBA) Standard Operating Procedure (SOP) 50 10 5(K), available at SBA’s website at https://www.sba.gov/sites/default/files/2019- Case 1:20-cv-00588-UA-LPA Document 16 Filed 09/15/20 Page 1 of 4 -2- 02/SOP%2050%2010%205%28K%29%20FINAL%202.15.19%20SECURED %20copy%20paste.pdf. 3. Attached hereto as Exhibit 2 is a true and correct copy of SBA’s Fee Disclosure and Compensation Agreement (SBA Form 159), available at SBA’s website at https://www.sba.gov/sites/default/files/2018-09/Form%20159%20-%20%28FINAL%29 %209.10.18.pdf. 4. Attached hereto as Exhibit 3 is a true and correct copy of the Paycheck Protection Program (PPP) Information Sheet – Lenders issued by the Department of the Treasury, and available at its website at https://home.treasury.gov/system/files/136/PPP%20Lender%20Information%20Fact% 20Sheet.pdf?. 5. Attached hereto as Exhibit 4 is a true and correct copy of the Paycheck Protection Program Borrower Application Form (SBA Form 2483), available at the SBA’s website at https://www.sba.gov/sites/default/files/2020-04/PPP-Borrower-Application- Form-Fillable.pdf. 6. Attached hereto as Exhibit 5 is a true and correct copy of the SBA’s Paycheck Protection Program (PPP) Report as of August 8, 2020, available at the SBA’s website at https://www.sba.gov/sites/default/files/2020-08/PPP_Report%20-%202020-08-10- 508.pdf. 7. Attached hereto as Exhibit 6 is a true and correct copy of a news release issued by Wells Fargo entitled “Wells Fargo Launches $400 Million Small Business Recovery Effort,” dated July 9, 2020 and available at https://newsroom.wf.com/press- release/community-banking-and-small-business/wells-fargo-launches-400-million- small-business. 8. Attached hereto as Exhibit 7 is a true and correct copy of a Special Report issued by the American Institute of Certified Public Accountants’ Center for Plain English Case 1:20-cv-00588-UA-LPA Document 16 Filed 09/15/20 Page 2 of 4 -3- Accounting, entitled “Small Business Loans under the Payroll Protection Program – Issues Related to CPA Involvement” and dated April 22, 2020. 9. Attached hereto as Exhibit 8 is a true and correct copy of a transcript from the House Financial Services Committee’s Hearing on Oversight of the Treasury Department’s and Federal Reserve’s Pandemic Response, held on June 30, 2020. A video recording of the hearing is available at https://www.congress.gov/event/116th- congress/house-event/110839, and the cited testimony is at 1:32:02 to 1:33:48. 10. Attached hereto as Exhibit 9 is a true and correct copy of the SBA 7(a) Borrower Information Form (SBA Form 1919), available at the SBA’s website at https://www.sba.gov/sites/default/files/2018-03/SBA-1919.pdf. 11. Attached hereto as Exhibit 10 is a true and correct copy of the Paycheck Protection Program Lender Application Form – Paycheck Protection Program Loan Guaranty (SBA Form 2484), available at the SBA’s website at https://www.sba.gov/ sites/default/files/2020-04/PPP%20Lender%20Application%20Form_0.pdf. 12. Attached hereto as Exhibit 11 is a true and correct copy of the SBA’s Office of Inspector General’s Report No. 19-01 entitled “Report on the Most Serious Management and Performance Challenges Facing the Small Business Administration in Fiscal Year 2019” and dated October 11, 2018, available at the SBA’s website at https://www.sba.gov/sites/default/files/oig/SBA-OIG-Report-19-01.pdf. Dated: September 15, 2020 /s/ Jason D. Evans Jason D. Evans Case 1:20-cv-00588-UA-LPA Document 16 Filed 09/15/20 Page 3 of 4 -4- CERTIFICATE OF SERVICE I certify that on September 15, 2020, all counsel of record are being served with a copy of this document via the Court’s CM/ECF system. By: /s/ Jason D. Evans Jason D. Evans Case 1:20-cv-00588-UA-LPA Document 16 Filed 09/15/20 Page 4 of 4
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