Declaration of A. John P. Mancini ISO TRO/PI — 3M Company v. Performance Supply

Summary

A declaration of A. John P. Mancini, Esq., a partner in the New York office of Mayer Brown LLP and counsel of record for Plaintiff 3M Company, in 3M Company v. Performance Supply, LLC, Case No. 1:20-cv-02949 (LAP)(KNF). It supports 3M's application for a temporary restraining order and preliminary injunction against Defendant Performance Supply, LLC. The declaration attaches exhibits including CDC website printouts, news articles, and complaints in lawsuits styled 3M Company v. Rx2Live, LLC, 3M Company v. John Doe, and 3M Company v. Geftiko, LLC. It states that Google and social media searches for Performance Supply, LLC did not generate a website or reveal an account for the Defendant. It states that it was executed on the 22nd day of April, 2020.

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1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
3M COMPANY,
Plaintiff,
-against-
PERFORMANCE SUPPLY, LLC,
Defendant.
Case No.: 1:20-cv-02949 (LAP)(KNF)
Jury Trial Demanded
DECLARATION OF A. JOHN P. MANCINI, ESQ.
IN SUPPORT OF PLAINTIFF 3M COMPANY’S APPLICATION
FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
I, A. John P. Mancini, Esq., pursuant to 28 U.S.C. § 1746 and upon penalty of perjury,
declare as follows:
1.
I am a resident of the State of Connecticut; over the age of 18; and competent to
make this declaration.  I could and would testify as to the matters set forth herein, if called upon
to do so.
2.
I am a partner in the New York office of the law firm of MAYER BROWN LLP.  I
am counsel of record for Plaintiff 3M Company (“3M”) in the above-captioned action.
3.
I submit this Declaration in support of 3M’s application for a temporary restraining
order and preliminary injunction against Defendant Performance Supply, LLC (“Defendant”).  No
prior application for the relief sought herein has been requested.
4.
The information set forth herein is based on: (i) my representation of 3M in this
lawsuit; (ii) my review of the documents attached hereto as exhibits; and (iii) my review of the
pleadings and proceedings to date in this lawsuit.
Case 1:20-cv-02949-LAP   Document 16   Filed 04/24/20   Page 1 of 5

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5.
I attach hereto as Exhibit 1 a true and correct copy of a printout from the website
located
at
https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html
(last
accessed on April 22, 2020).
6.
I attach hereto as Exhibit 2 a true and correct copy of a printout from the website
located at https://www.cdc.gov/coronavirus/2019-ncov/hcp/respirators-strategy/index.html (last
accessed on April 22, 2020).
7.
I attach hereto as Exhibit 3 a true and correct copy of a spreadsheet from the
“DOWNLOAD
DATA
(CSV)”
tab
on
the
website
located
at
https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last accessed on
April 22, 2020).
8.
I attach hereto as Exhibit 4 a true and correct copy of an article that appeared in
the Wall Street Journal on April 2, 2020, titled 3M CEO on N95 Masks: Demand Exceeds Our
Production Capacity (https://www.wsj.com/articles/3m-ceo-on-n95-masks-demand-exceeds-our-
production-capacity-11585842928l; last accessed on April 22, 2020).
9.
I attach hereto as Exhibit 5 a true and correct copy of an article that appeared on
Minnesota Public Radio’s website on March 5, 2020, titled Pence Praises 3M for Mask-
Production
Efforts
as
MN
Braces
for
COVID-19
(https://www.mprnews.org/story/2020/03/05/pence-congratulates-3m-for-efforts-to-meet-
demand-for-masks; last accessed on April 22, 2020).
10.
I attach hereto as Exhibit 6 a true and correct copy of an article that appeared in
the Wall Street Journal on April 9, 2020, titled Faulty N95 Masks Hamper Hospitals on
Coronavirus Front Line (https://www.wsj.com/articles/faulty-n95-masks-hamper-hospitals-on-
coronavirus-front-line-11586437345l; last accessed April 22, 2020).
Case 1:20-cv-02949-LAP   Document 16   Filed 04/24/20   Page 2 of 5

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11.
I attach hereto as Exhibit 7 a true and correct copy of the Amended Complaint in
the lawsuit styled, 3M Company v. Rx2Live, LLC, Case No. 1:20-cv-00523, presently pending in
the United States District Court for the Eastern District of California.
12.
I attach hereto as Exhibit 8 a true and correct copy of the Complaint in the lawsuit
styled, 3M Company v. John Doe, claiming to be the “3M Company Trust Account,” Cause No.
DC-20-05549, presently pending in Dallas County, Texas District Court.
13.
I attach hereto as Exhibit 9 a true and correct copy of the Complaint in the lawsuit
styled, 3M Company v. Geftiko, LLC, 6:20-cv-00648, presently pending in the United States
District Court for the Middle District of Florida, Orlando Division.
14.
A search for “Performance Supply, LLC,” using Google’s Internet search engine,
does not generate a website for the Defendant in this lawsuit.
15.
A search for “Performance Supply, LLC” on social media platforms, including
Facebook, Instagram, Twitter, LinkedIn, YouTube, Pinterest, and TikTok does not reveal an
account for the Defendant in this lawsuit.
16.
I attach hereto as Exhibit 10 a true and correct copy of Exhibit 8 to the Complaint
in this lawsuit (Dkt. No. 1-8).  In Paragraph 10 of the document attached hereto as Ex. 10, a “Mr.
Ron Romano” is listed as the “President” of the Defendant in this lawsuit, Performance Supply,
LLC.  At the bottom of page 1 of the document attached hereto as Exh. 10, the following phone
number appears: “+1 (732) 685-6403.”  On April 21, 2020, I searched “(732) 685-6403” using
Google’s Internet search engine.  I attach hereto as Exhibit 11 a true and correct copy of the results
of this Internet search.  As shown in Ex. 11, the second search result is a listing for a “1963
Chevrolet Corvette for sale in Manalapan, NJ” on the website dadsclassiccars.com.  As also shown
in Ex. 11, the “Dealer” of this car is listed as “Roman Chariot Bus and Van Sales – Manalapan,
Case 1:20-cv-02949-LAP   Document 16   Filed 04/24/20   Page 3 of 5

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NJ (732) 685-6403.”  I attach hereto as Exhibit 12 a true and correct copy of Ronald Romano’s
LinkedIn profile.  As shown in Ex. 12, Mr. Roman states on his LinkedIn profile that he is the
President of Roman Chariot Bus Sale’s [sic]” in Manalapan, New Jersey.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and that this declaration was executed this 22nd day of April, 2020.
A. John P. Mancini
Case 1:20-cv-02949-LAP   Document 16   Filed 04/24/20   Page 4 of 5

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CERTIFICATE OF SERVICE
I, A. John P. Mancini, hereby certify that, on April 24, 2020, I filed a true and correct copy
of the foregoing document, titled Declaration of A. John P. Mancini, Esq. in Support of Plaintiff
3M Company’s Application for a Temporary Restraining Order and Preliminary Injunction, using
this Court’s ECF Filing System.  I also certify that, on April 22, 2020, before filing the foregoing
document, I arranged for service of a true and correct copy of it on Defendant Performance Supply,
LLC via personal service and First Class Mail at:
Performance Supply, LLC
c/o Ronald Romano
3 Westbrook Way
Manalapan, New Jersey 07726
/s/ A. John P. Mancini
A. John P. Mancini
Attorney for Plaintiff 3M Company
Case 1:20-cv-02949-LAP   Document 16   Filed 04/24/20   Page 5 of 5

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