Free Transfer Document - District Court of California - California

Case 3:08-cv-01493-JM-BLM

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DOWNEY BRAND LLP MICHAEL J. THOMAS (Bar No. 172326) APARNA RAJAGOPAL-DURBIN (Bar No. 218519) 555 Capitol Mall, Tenth Floor Sacramento, CA 95814-4686 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff Nutrishare, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Nutrishare, Inc., a California corporation, Plaintiff, v. BioRx, LLC, an Ohio Limited Liability Company, Defendant.

Case No. 2:08-CV-01252-WBS-EFB
DECLARATION OF APARNA RAJAGOPAL DURBIN IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION TO DISMISS OR TRANSFER Date: Time: Dept: Judge: August 11, 2008 2:00 p.m. Courtroom 5 Hon. William B. Schubb

I, Aparna Rajagopal-Durbin, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am counsel

at Downey Brand LLP, attorneys of record for Nutrishare, Inc. (hereinafter "Nutrishare") in this action. I have personal knowledge of the facts set forth herein, except to the extent they are stated on information and belief, and, if called to testify, I could and would testify competently to the contents hereof. 2. On the afternoon of August 4, 2008, I received documents from the California

State Board of Pharmacy in response to a Public Records Act in which my colleague Michael J. Thomas and I sought "Documents, correspondence, license applications, licenses, notes, and other Documents related to BioRx, LLC or NutriThrive, including but not limited to any Documents related to any applications for License No. 99504 (non-resident sterile compounding), 1
944864.1

DECL. OF APARNA RAJAGOPAL-DURBIN RE: SUBMISSION OF MARK KESTLER LETTER

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and License No. 819 (non-resident pharmacy) or any other licenses or license applications." Attached hereto as Exhibit A is a true and correct copy of one of these documents, which is a letter dated November 7, 2007 from Mark Kestler R. Ph., General Manager of BioRx, to the Board of Pharmacy, stating that "BioRx maintains records of controlled substances or dangerous devices dispensed to California patients."

I declare under the laws of the State of California that the foregoing is true and correct. Executed this 7th day of August, 2008 in Sacramento, California.

/s/ Aparna Rajagopal-Durbin APARNA RAJAGOPAL-DURBIN

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944864.1

DECL. OF APARNA RAJAGOPAL-DURBIN RE: SUBMISSION OF MARK KESTLER LETTER

Case 3:08-cv-01493-JM-BLM

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Case No. 2:08-CV-01252-WBS-EFB

DECLARATION OF APARNA RAJAGOPAL DURBIN IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION TO DISMISS OR TRANSFER

EXHIBIT A

Case 3:08-cv-01493-JM-BLM

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