Free Declaration - District Court of California - California

Case 3:08-cv-00619-LAB-RBB

Document 17

Filed 07/24/2008

Page 1 of 2

2 3

NOWLAN & MOUAT, LLP JULIE A. LEWIS (ADMITTED PRO HAC VICE) [email protected] 100 SOUTH MAIN STREET P.O. BOX 8100 JANESVILLE, WI 53547-8100 Tel. (608) 755-8100 Fax (608) 755-8110 FOLEY & LARDNER LLP 555 SOUTH FLOWER STREET, SUITE 3500 LOS ANGELES, CA 90071-2411 213.972.4500 TELEPHONE: 213.486.0065 FACSIMILE: LEILA NOURANI, CA BAR NO. 163336 [email protected] MICHAEL B. MCCOLLUM, CA BAR NO. 235447 [email protected] 402 W. BROADWAY, SUITE 2100 SAN DIEGO, CA 92101-3542 619.234.6665 TELEPHONE: 619.687.6767 FACSIMILE: MICHAEL P. MCCLOSKEY, CA BAR NO. 106051 [email protected] Attorneys for Respondents DSD DISTRIBUTORS, INC.

5 6

8 9
10 11 12 13 14 15 16 17 18

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HANSEN BEVERAGE COMPANY, a Delaware corporation Petitioner,
VS.

Case No: 08 CV 0619 LAB RBB SECOND SUPPLEMENTAL DECLARATION OF JULIE LEWIS IN SUPPORT OF DSD'S MOTION TO DISMISS OR STAY PETITION TO CONFIRM ARBITRATION AWARD Judge: Hon. Larry A. Burns

19 20
21

DSD DISTRIBUTORS, INC., a Wisconsin corporation Respondent.

Under Submission

22 23
24

25 26 27 28
1
SECOND SUPPLEMENTAL DECLARATION OF JULIE LEWIS IN SUPPORT OF MOTION TO DISMISS OR TRANSFER PETITION CASE NO. 08 CV 0619 LAB RBB
LACA_1891401.1

Case 3:08-cv-00619-LAB-RBB

Document 17

Filed 07/24/2008

Page 2 of 2

1 2 3 4

SECONDSUPPLEMENTALDECLARATION OFJULIELEWIS INSUPPORTMOTION TO DISMISS OR STAYPETITIONTO CONFIRM ARBITRATIONAWARD I, Julie Lewis, declare: 1. I am an attorney with the law firm of Nowlan & Mouat, LLP, in

Janesville, Wisconsin, and am admitted pro hoc vice before this court for purposes of this action. Along with Foley & Lardner, LLP, I represent the Respondent, DSD Distributors, Inc. ("DSD") in this matter. I make this second supplemental
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
SECOND SUPPLEMENTAL DECLARATION OF JULIE LEWIS IN SUPPORT OF MOTION TO DISMISS OR TRANSFER PETITION CASE NO. 08 CV 0619 LAB RBB LAOA_1891401.1

declaration in support of DSD's motion to dismiss or transfer Hansen's petition to confirm the arbitration award in order to apprise this Court of ongoing developments in a parallel action in the Wisconsin state court that bear on the motion, and that have occurred since the motion was filed and briefed and during the time the motion has been pending a decision. I have personal knowledge of the matters set forth below, and if called upon I could and would testify competently thereto. 2. On July 14, 2008, DSD filed a Motion for Reconsideration with the

Wisconsin Court of Appeals regarding the Court's denial of DSD's Petition for Leave to File an Appeal on the issue of jurisdiction over the parties' motions relating to the arbitration award entered in this matter. A true and correct copy of the Motion for Reconsideration is attached hereto as Exhibit A. 3. As of July 24, 2008, the Motion remains under consideration by the

Wisconsin Court of Appeals. No decision has been filed. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 2'1 day of July, 2008, at Janesville, Wisconsin.