Free Transfer Document - District Court of California - California

Case 3:08-cv-01493-JM-BLM Case 2:08-cv-01252-WBS-EFB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
938086.1

Document 20 Filed 07/15/2008 Page 1 of 2 Document 18-3 Filed 07/08/2008 Page 1 of 2

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
SUPPLEMENTAL DECLARATION OF RODNEY OKAMOTO IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION Date: Time: Dept: August 4, 2008 2:00 p.m. Courtroom 5

I, RODNEY OKAMOTO, hereby declare as follows: 1. I am an individual residing in Galt, 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 am co-founder and President of Plaintiff in this action, Nutrishare, Inc. The Accreditation Commission for Healthcare, Inc. (ACHC) is one of the primary

national organizations that accredits in-home healthcare providers, including providers of total parenteral nutrition (hereinafter "TPN"). Attached as Exhibit A is a true and correct copy of a message from the President of the ACHC, Thomas E. Cesar, describing the purpose of the ACHC. 4. Although Defendant BioRx, LLC, is accredited by the ACHC, its in-home TPN 1

SUPPLEMENTAL DECL. OF RODNEY OKAMOTO IN SUPPORT OF MOT. FOR PRELIM. INJUNCTION

Case 3:08-cv-01493-JM-BLM Case 2:08-cv-01252-WBS-EFB

Document 20 Filed 07/15/2008 Page 2 of 2 Document 18-3 Filed 07/08/2008 Page 2 of 2

Page 1 of 1 Case 3:08-cv-01493-JM-BLM Document 20-2 Case 2:08-cv-01252-WBS-EFB Document 18-4
Home Medicare Deeming Authority for Home Health and DMEPOS An ISO 9001:2000 Certified Company Inc. 5000 Honoree Contact Us

Filed 07/15/2008 Page 1 of 1 Filed 07/08/2008 Page 1 of 1
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President's Message
I am pleased to welcome you to the Accreditation Commission for Health Care, Inc.(ACHC) World Wide Web site. ACHC is one of the few standard-setting accrediting bodies for home care and alternate site organizations in the country. We offer accrediting programs developed by providers for providers that reflect criteria that are conducive to providing quality care. ACHC is a not-for-profit organization that has been a symbol of quality since 1986. Utilizing experienced healthcare leaders, we offer accreditation services to a variety of community-based organizations. Our process measures the performance of an organization from its administration to its service delivery. Achieving accreditation testifies that an organization sufficiently complies with ACHC standards. ACHC is certified to ISO 9001:2000 by DNV. ISO is an internationally recognized standard for quality. Driven by commitment to excellence in the delivery of best customer services in accreditation, ACHC became the first national healthcare accreditor in the U.S. and in the world to obtain this mark of distinction. We appreciate your interest in our company.

Thomas E. Cesar President

Our experiences with the ACHC accreditation process have been positive. The effort put forth by the ACHC staff is perceptible as they use the survey process as a tool to help our company become even better.
Home MediService, Inc; Havre de Grace, MD

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7/8/2008