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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA REYNOLDS INNOVATIONS INC.

, Plaintiff, vs. CHANCE ADDISON, individually and d/b/a ADDISON E-CIGARETTES LLC, ADDISONECIG.COM, SPOKANEECIG.COM, MILEHIGHECIG.COM, and LCP INC.; and ADDISON E-CIGARETTES LLC d/b/a ADDISONECIG.COM, SPOKANEECIG.COM, MILEHIGHECIG.COM, LCP INC., and VICIOUS E-LIQUID, Defendants. _________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 1:13-CV-210

THIRD DECLARATION OF WILLIAM M. BRYNER I, William M. Bryner, declare under penalty of perjury as follows: 1. My name is William M. Bryner. I am a partner in the law firm of

Kilpatrick Townsend & Stockton LLP (Kilpatrick Townsend), and am an attorney licensed to practice in the State of North Carolina. I have been admitted to practice before this Court. I am one of the attorneys who has been involved in and responsible for the representation of Plaintiff Reynolds Innovations, Inc. (RII) in the above-captioned litigation. The statements contained herein are made of my own personal knowledge.
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2.

On October 7, 2013, RII filed its motion for default judgment and related

papers against Defendant Addison E-Cigarettes LLC (AEC LLC), due to AEC LLCs failure to file an answer or other responsive pleading through duly licensed counsel. (Dkt. Nos. 24, 25, and 26) 3. Since RIIs October 7, 2013 filings, and in addition to the numerous filings

made with the Court, the CEO of AEC LLC, Defendant Chance Addison, has directed numerous communications to my attention by telephone and by email. True and accurate copies of email messages that I have received from Mr. Addison since October 7, 2013 are attached hereto as Exhibits 1, 2 and 3. 4. In addition, on December 11, 2013, I received a telephonic voice-mail

message from Mr. Addison that said as follows: Hey Bill, this is Chance Addison. Say it has been really quiet over here and I am kind of missing the entertainment. Can you whip up some paperwork for me so I can tear you a new one in court again, buddy? Thanks. Oh, hey, that Christmas present dude, I know youre not going to be able to top that right? You can try, but go ahead. Hey, I just dont think you are going to be able to do it, buddy. 5. On December 12, 2013, I received a telephonic voice-mail message from

Mr. Addison that said as follows: Bill, this is the point where I am going to quote our first and only phone conversation verbatim. I believe you said something to the effect of my client has extensive experience dealing with people like me. The me part is a little bit of a paraphrase, but the your client has extensive experience, that part is word for word, buddy. You want to retract that statement now? (Laughter) 6. On December 18, 2013, I received a telephonic voice-mail message from

Mr. Addison that said as follows:


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Mr. Bryner, this is Chance Addison calling once again to bolster my entertainment being received from our court case 1:13CV210. Reynolds Innovation v. Chance Addison et al. As it turns out the government is extremely, extremely bad at communication between agencies and as such is giving me multiple opportunities to enjoy this case. I just wanted to let you know. Also that there is no possible way that you could ever give Judge Peake a finer Christmas gift than that which she will be receiving from me today. Probably within the next hour and a half I would say. And so, I cannot wait for 2014, buddy. We are going to have so much fun together. 7. On January 2, 2014, I received a telephonic voice-mail message from Mr.

Addison that said as follows: Hey Bill, this is Chance Addison over here in Washington state for a few more days anyway. So I dont know if you heard the rumor yet, but it is true that I am writing a book and it does now feature your clients humiliation and your complete defeat in court. You may have noticed that I did launch a non-profit. You might remember that I did promise that I did promise that I was going to whip the shit out of your fucking client, humiliate you. I think I finally succeeded in that. I am really disappointed that youve not yet really given me much of a fight, but I am taking really great care of myself and I am hoping to live a long time so we can duke it out for a couple of more decades, buddy. I am also studying up on a few areas of the law which you probably still hold an advantage on me for a little while, anyway. Call me if you want to, you know, figure out how we are going to make this go away. I got a lot of experience at making people like you go away. 8. On January 10, 2014, I received a telephonic voice-mail message from Mr.

Addison that said as follows: Hey, Bill, this is Chance Addison. Say I am in your neighborhood and I wanted to find out if you wanted to have another crack at mediation instead of more of the same from me. I believe you have my cell phone number, but Ill go ahead and leave it for you anyway, 208-704-0409, and go ahead and leave me a message and Ill get back with you right away. Thanks, bud. 9. On the morning of January 15, 2014, at approximately 8:50 a.m., the
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receptionist at my firms offices, located at 1001 West Fourth Street, Winston-Salem, NC 27101, advised me that Mr. Addison had appeared personally uninvited and unannounced, having traveled from Spokane, Washington, to Winston-Salem, North Carolina -- asking to speak to me. I did not speak to Mr. Addison on that date, and the receptionist advised me that he left the premises after she was unable to reach me by telephone to speak to him. She also informed me, however, that before leaving the premises, Mr. Addison spoke to her in a profane way about how he was raping the f**k out of RII and its counsel in connection with this lawsuit. 10. On January 16, 2014, I received a telephonic voice-mail message from Mr.

Addison that said as follows: Hey, Bill this is Chance. I bet by now you heard that I stopped by your office and left my card for you and you might even have an idea of what it is that my victory looks like. But the full explanation you are going to have to purchase and it is going to be published here pretty soon. The judge has already been given a copy. I think she has been enjoying it for quite some time now. It seems like I have been given an exceptional amount of time in deliberation, so I think this is going to be kind of embarrassing for you that you just got beat by a piece of shit like me, huh? (Laughter) Have a great day, buddy. Too bad you didnt fucking have the wisdom to call me and try to get this thing settled like a couple of sane human beings. So you got the crazy Chance instead. 11. On January 16, 2014, upon motion by Kilpatrick Townsend & Stockton

LLP, the Forsyth County (North Carolina) District Court issued an order against Mr. Addison directing him to have no further contact with Kilpatrick Townsend & Stockton employees and personnel. A true and correct copy of that North Carolina state court order is attached as Exhibit 4. 12. As of todays date, I have not been contacted by any attorney representing
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Mr. Addison or AEC LLC.

I declare, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge and belief.

This the 16th day of January, 2014. /s/ William Bryner William M. Bryner, Esq. N.C. State Bar No. 23022 KILPATRICK TOWNSEND & STOCKTON LLP 1001 West Fourth Street Winston-Salem, NC 27101 Phone: (336) 607-7300 Fax: (336) 607-7500 E-Mail: wbryner@kilpatricktownsend.com

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CERTIFICATE OF SERVICE I hereby certify that on this date, I electronically filed the foregoing THIRD DECLARATION OF WILLIAM M. BRYNER with the Clerk of the Court using the CM/ECF system. I further certify that copies are also being deposited with the U.S. Mail, first class, postage prepaid, addressed to: Mr. Chance Addison 3623 E. 29th Avenue Spokane, Washington 99223 Addison E-Cigarettes LLC 3623 E. 29th Avenue Spokane, Washington 99223 This the 16th day of January, 2014.

/s/ William Bryner William M. Bryner KILPATRICK TOWNSEND & STOCKTON LLP 1001 West Fourth Street Winston-Salem, NC 27101 Telephone: 336-607-7300 Facsimile: 336-607-7500 E-Mail: wbryner@kilpatricktownsend.com

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EXHIBIT 1

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From: To: Subject: Date:

Chance Addison Bryner, Bill Merry Christmas Thursday, December 05, 2013 10:05:09 AM

Bill, Go ahead and admit it, your Christmas present was awesome, right? Wait until you see MY Christmas present: http://www.ncbar.org/ Now, I'm not saying you should ask for your money back from Duke University, but I am intending upon sitting in on some classes in the near future. Who knows, maybe I will run into some of your former professors.... Have you yet figured out there is no way you can win against me? Chance

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EXHIBIT 2

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From: To: Subject: Date:

Chance Addison Bryner, Bill; Chance Addison 2014 and BEYOND Thursday, December 19, 2013 1:22:15 AM

Bill, After careful consideration I feel I might be able to make the most significant impact if I were to become a member of the Bar of the State of North Carolina; could you imagine what life would be like for your firm if I were running around offering pro bono services to defendants to actions on the part of RI? Obviously, I would not be able to get away with humiliating my opposition in every instance, but you can be sure your client would think more carefully about it's actions in the future. I bet they are already having more emergency meetings...but just wait until the board receives my next package. The part I love best about my idea above is, lacking an Ivy League ego, I need not worry about losing, for my self-worth has nothing to do with what other people think; for me just having a worth opponent is enough. I best part about you being a graduate of Duke University and in the employ of the Nation's second largest manufacturer of tobacco products is that you are padding my resume nicely, regardless of the nature of Judge Peake's decision, for I have in fact completely embarrassed you in the public's eyes, unconditionally and forever (reference the legal section of www.CamelSucks.com). At less than $100 per year the site is a pretty snappy investment on my part, right? You'd better hope the good Judge does not afford me a path to appeal, for such would only serve me well, and serve to make your client displeased. Have you noticed yet that I am genuinely enjoying this? It really has been more than fun, buddy, so much so this little project has now become my new obsession. If you had bothered to do any research on me before your thoroughly documented strategic error you would have noticed it is impossible to find an example of me quitting anything once my teeth were, "buried in the reward". See you soon... Love, Chance

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EXHIBIT 3

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From: To: Subject: Date:

Chance Addison Bryner, Bill Where is the Value? Sunday, December 29, 2013 12:20:28 AM

Dude, I thought a graduate of Duke University would have more to offer...maybe you should ask for a refund.

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EXHIBIT 4

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