Confidential

Facts

This action arose out of a dispute between the plaintiff, Ellen Zavian, and United States
WomenÆs National Soccer Team (The National Team) co-captain, Julie Foudy over an agency
contract. Zavian was retained pursuant to a Personal Management Agreement (PMA) to act as
FoudyÆs attorney/agent. Zavian terminated the PMA and brought suit against Foudy in Maryland.
The Maryland court dismissed for lack of personal jurisdiction. After the Maryland Court of
Appeals affirmed the dismissal, Zavian sued Foudy in Orange County, California. Foudy cross-
claimed for legal malpractice, fraud and breach of fiduciary duty. In May 2001, Foudy filed a
motion for an order requiring Zavian to post a bond under the Code of Civil Procedure Section
1030. The motion was made on the grounds that Zavian is not a California resident and there
was a reasonable probability that Foudy would obtain judgment in the action. Zavian opposed the
motion, but the day before the motion was scheduled to be heard, Zavian indicated that she
would be willing to dismiss her complaint. On the day of the hearing, pursuant to ZavianÆs
request, ZavianÆs complaint was dismissed. Shortly, thereafter, the parties engaged in settlement
negotiations which resulted in a settlement dismissing the entire action for a waiver of costs.