Free Declaration - District Court of California - California

Case 3:08-cv-01194-W-CAB

Document 6

Filed 07/11/2008

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1 Michael Gerard Fletcher (State Bar No. 070849) [email protected] 2 Tricia L. Legittino (State Bar No. 254311) [email protected] 3 FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard 4 Seventeenth Floor Los Angeles, California 90048-4920 5 Telephone: (323) 852-1000 Facsimile: (323) 651-2577 6 Attorneys for Movants/Appellants 7 Dynamic Finance Corporation and Angela C. Sabella 8 9 10 11 In re 12 NORTH PLAZA, LLC, 13 Debtor. 14 DYNAMIC FINANCE CORPORATION and 15 ANGELA C. SABELLA, 16 17 v. APPELLANTS, DECLARATION OF TRICIA L. LEGITTINO IN SUPPORT OF DYNAMIC FINANCE CORPORATION'S AND ANGELA SABELLA'S MOTION FOR STAY PENDING APPEAL OF ORDER ON THE TRUSTEE'S MOTION TO COMPEL DISCOVERY FROM ISAAC LEI AND THE ALCON GROUP DATE: To Be Set TIME: To Be Set COURTROOM: Seven The Honorable Thomas J. Whelan, Judge Presiding UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA District Case No. 08-CV-01194-W-CAB Bankruptcy Court No. 04-00769-PB11 Appeal No. 2

18 CHAPTER 11 TRUSTEE RICHARD KIPPERMAN, 19 20 21 22 23 24 25 26 27 28
529698.1

APPELLEE.

08-CV-01194-J-CAB

DECLARATION OF TRICIA L. LEGITTINO

Case 3:08-cv-01194-W-CAB

Document 6

Filed 07/11/2008

Page 2 of 2

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DECLARATION OF TRICIA L. LEGITTINO

2 I, Michael Gerard Fletcher, declare: 3 1. I am an attorney admitted to practice before the bar of this Court and am a member

4 of Frandzel Robins Bloom & Csato, L.C., attorneys for secured creditors Angela C. Sabella 5 ("Sabella") and Dynamic Finance Corporation's ("Dynamic") (collectively "Dynamic/Sabella") in 6 this matter. This declaration is in support of Dynamic/Sabella's Motion for a Stay Pending Appeal 7 of the United States Southern District Bankruptcy Court's June 2, 2008 Order (the "Order") on the 8 Trustee's Motion to Compel Discovery from Isaac Lei ("Lei") and his company the Alcon Group 9 ("Alcon") (collectively, "Lei/Alcon") ("Motion"). I have personal knowledge of the matters set 10 forth herein, and I could and would testify competently thereto if called upon to do so. 11 2. On July 11, 2008 in a telephonic conference with the Court, the parties agreed to

12 the following briefing schedule of this Motion: 13 14 15 3. a. b. The Trustee's Opposition is to be filed by July 16, 2008. The Movants' Reply is to be filed on July 21, 2008.

The parties also agreed to voluntarily stay enforcement of the Order until July 25,

16 2008 to allow the Court time to decide the Motion. 17 I declare under penalty of perjury under the laws of the United States of America that the

18 foregoing is true and correct and that this declaration was executed this 11th day of July, 2008, at 19 Los Angeles, California. 20 21 22 23 24 25 26 27 28
529698.1

/s/ Tricia L. Legittino TRICIA L. LEGITTINO

DECLARATION OF TRICIA L. LEGITTINO

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08-CV-01194-J-CAB