Alvarez v. Emergency Site Protection, LLC et al

Western District of Texas, txwd-5:2018-cv-01298

Exhibit 1

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EXHIBIT 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JOSUE ALVAREZ, § Individually and on behalf of all others § similarly situated, § § Plaintiff, § § vs. § NO. 5:18-CV-01298-FB-ESC § GRYPHON HOLDCO, LLC, and § SANCHEZ OIL & GAS CORPORATION, § § Defendants. § § DECLARATION OF RYAN MCMILLAN I, Ryan McMillan, pursuant to 28 U.S.C. § 1746, declare under penalty of perjury that the following statements are true and correct based on my personal knowledge of the facts referenced herein: 1. I am over the age of 18 and capable of making this Declaration. 2. I am the President of Gryphon Holdco, LLC ("Gryphon") and, as such, am familiar with Gryphon's business records. 3. Gryphon is the corporate parent to non-party Emergency Sphinx Protection, LLC. 4. In its ordinary course of business, Gryphon maintains copies of independent contractor agreements signed by named plaintiff Josue Alvarez and opt-in plaintiffs Dillon Silva, Steven Silva, Felipe Perez, Gennise Garcia, Heriberto Lope, Jr., and Francisco Perez with either Emergency Site Protection, LLC ("Site") or Emergency Sphinx Protection, LLC ("Sphinx") before providing services. True and correct copies of Contractor Agreements with Site and Independent Contractor Agreements with Sphinx are attached collectively as Exhibit A. 1 3211359 23 day of ____________, Executed this ____ May 2019, in Texas. _________________________________ Signature 2 3211359