Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00401-BEN-WMC

Document 11-3

Filed 04/01/2008

Page 1 of 2

1

FOLEY & LARDNER LLP
402 W. BROADWAY, SUITE 2100 SAN DIEGO, CA 92101-3542 TELEPHONE: 619.234.6655 FACSIMILE: 619.234.3510 KENNETH S. KLEIN, CA BAR NO. 129172

2
3
4

5
6

FOLEY & LARDNER LLP 3000 K STREET, NW - SUITE 500 WASHINGTON, DC 20007-5101 TELEPHONE: 202.672-5300 FACSIMILE: 202.672-5399
ANAT HAKIM (admitted pro hac vice) Attorneys for Defendant The Rockefeller University, a New York not-for-profit corporation,

7

8
9

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
10
11

Ligand Pharmaceuticals Incorporated, a 12 Delaware corporation, 13 14
15
16

Case No: 08-CV-401 BEN (WMc) DECLARATION OF JAMES LAPPLE IN SUPPORT OF DEFENDANT THE ROCKEFELLER UNIVERSITY'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER OR STA THIS ACTION Judge: Roger T. Benitez June 2, 2008 10:30 a.m. Courtroom 3

Plaintiff, vs. The Rockefeller University, a New York not-for-profit corporation, Defendant.

17

18
19

Date: Time: Dept:

20 21
22

I, James Lapple, declare as follows: 1. I am employed by The Rockefeller University (the "University") as its Vice

23 24
25

President, Finance. I have worked for the University in that position for the past four years in New York. I have personal knowledge of the matters asserted herein. 2. As part of my responsibilities as Vice President, Finance, I have an

26
27

understanding of the University's operations and business and make this declaration to the best of my knowledge and belief.

28

3.

The Rockefeller University is a New York not-for-profit education

corporation, with its principal place of business in New York, New York. All of The
1


Case 3:08-cv-00401-BEN-WMC

Document 11-3

Filed 04/01/2008

Page 2 of 2

Rockefeller University's facilities and employees are located in New York.
2
3


4.

The Rockefeller University does not have an office in California. The Rockefeller University maintains no telephone listing or mailing

5.

4
addresses in the State of California.

5

6.

The Rockefeller University does not sell products in the State of California

6
and does not market or advertise directly to the residents thereof.
7


7.

The Rockefeller University has no research facility, no employees or sales

8
representatives in the State of California.
9
10

8.

The Rockefeller University does not solicit business in California.

11


Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is


12
true and correct. I executed this Declaration on this~~th day of March, 2008 in New

13
York, New York.


14
15 16
17
18
19
20 21
22
23
24
25 26
27
28


2