Free Affidavit - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 302

Filed 03/27/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 03-cv-02669-MSK-PAC LEPRINO FOODS COMPANY, Plaintiff, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation, et al. Defendants/Counterclaimants, ________________________________________________________________________ BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; and Does 1 - 1 00, inclusive, Third Party Plaintiffs, v. MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Defendant. ________________________________________________________________________ MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Plaintiff/Counterclaimant, v. BIG-D CONSTRUCTION CORP. ­ CALIFORNIA, et al. Counterdefendant/Third Party Defendants. AFFIDAVIT OF CHRISTOPHER J. HERSEY IN SUPPORT OF BIG-D'S OPPOSITION TO PLAINTIFF LEPRINO FOOD COMPANY'S MOTION TO STRIKE EVIDENCE PROFFERED BY DEFENDANT BIG-D IN RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION

Case 1:03-cv-02669-MSK-PAC

Document 302

Filed 03/27/2006

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I, CHRISTOPHER J. HERSEY, testify as follows: 1. I am one of the attorneys of record for Defendants Big-D Construction Corp.--

California, Big-D Construction, Big-D Corp., and Big-D Capital Corp. (hereinafter collectively "Big-D") and I am licensed to practice law before the United States District Court for the District of Colorado. 2. I make this Affidavit in Support of Big-D's Opposition to Leprino Food

Company's Motion to Strike Evidence Proffered by Defendant Big-D in Response to Plaintiff's Motion for Summary Adjudication. I have personal knowledge of all facts stated in this Affidavit and would competently testify under penalty of perjury thereto if called as a witness. 3. Big-D's Opposition to Motion for Summary Adjudication was for the most part

timely filed on January 30, 2006. Admittedly, a few of the supporting affidavits were filed several minutes after midnight, on January 31, 2006. The reason these affidavits were filed late was because the electronic filing system would not accept certain documents due to their large size. As such, the documents had to be broken apart, re-scanned and re-filed. As a result, the filing of these documents was delayed several minutes. // // // // // // //

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Case 1:03-cv-02669-MSK-PAC

Document 302

Filed 03/27/2006

Page 3 of 5

I declare under penalty of perjury under federal law and under the laws of the States of California and Colorado that the foregoing is true and correct and that this Affidavit was executed this 27th day of March, 2006, at San Jose, California.

s/ Christopher J. Hersey Christopher J. Hersey Miller, Morton, Caillat & Nevis, LLP 25 Metro Drive, 7th Floor San Jose, California 95110 Telephone: (408) 292-1765 FAX: (408) 436-8272 E-mail: [email protected] Attorneys for Defendant Big-D Construction Corp.- California and Big-D Construction Corp.
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Case 1:03-cv-02669-MSK-PAC

Document 302

Filed 03/27/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 27, 2006, I electronically filed the foregoing named document: AFFIDAVIT OF CHRISTOPHER J. HERSEY IN SUPPORT OF BIG-D'S OPPOSITION TO PLAINTIFF LEPRINO FOOD COMPANY'S MOTION TO STRIKE EVIDENCE PROFFERED BY DEFENDANT BIG-D IN RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION -ANDCERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1A with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Michael Gerard Bohn [email protected] [email protected] Bret Matthew Heidemann [email protected] [email protected] Francis (Frank) J. Hughes [email protected] [email protected] Patrick Quinn Hustead [email protected] Peter J. Ippolito [email protected] Richard Carl Kaufman [email protected] [email protected] Patrick T. Markham [email protected] [email protected] John David Mereness [email protected] C. Michael Montgomery [email protected] [email protected] [email protected] Daniel James Nevis [email protected] [email protected] N. Kathleen Strickland [email protected] [email protected] Laurence R. Phillips [email protected] [email protected]

Case 1:03-cv-02669-MSK-PAC

Document 302

Filed 03/27/2006

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And, I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: s/ Kathleen Marie Dolce Kathleen Marie Dolce

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