Free Transfer Document - District Court of California - California

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

Document 34

Filed 07/28/2008

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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 SHEILA MESSINA Date: Time: Dept: Judge: August 11, 2008 2:00 p.m. Courtroom 5 Hon. William B. Schubb

I, SHEILA MESSINA, hereby declare as follows: 1. I am an individual residing in San Jose, California. I make this declaration of my

own personal knowledge, and if called to testify, could and would testify consistent with the facts stated herein. 2. 3. I require total parenteral nutrition ("TPN") in order to receive adequate nutrition. I learned about the existence of NutriThrive, a new TPN company, at this year's

ASPEN (American Society for Parenteral and Enteral Nutrition) meeting. When I heard about NutriThrive, it occurred to me that the name "NutriThrive" sounded quite similar to "Nutrishare," the name of my current TPN provider. 4. I ran into NutriThrive again at this year's Oley Conference between June 26 and

June 29, where NutriThrive had a booth in the exhibit hall and sponsored lunch. Although I did 1
941251.2

DECL. OF SHEILA MESSINA IN SUPPORT OF OPP. TO DEF.'S MOT. TO DISMISS OR TRANSFER

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

Document 34

Filed 07/28/2008

Page 2 of 2