Free Reply - District Court of California - California

Case 3:08-cv-00397-H-AJB

Document 10-4

Filed 03/20/2008

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JOSEPH A. YANNY, ESQ., SBN 97979 RAPHAEL B. EMANUEL, ESQ., SBN 218755 KIM D. ASHLEY, ESQ., SBN 253160 YANNY & SMITH 1801 Century Park East, 23rd Floor Los Angeles, California 90067 Telephone: (310) 551-2966 Facsimile: (310) 551-1949 Attorneys for Plaintiff Kippys, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA KIPPYS, INC., a California Corporation, Plaintiff, v. ABOUT ATTITUDE, an entity of unknown form, 13817 Village Mill Drive, Suite 200, Midlothian, Virginia 23114; KIM LOGUE, an individual, and DOES 1 through 50, inclusive, Defendants. NO.: 08-CV-0397 H PLAINTIFF'S OBJECTIONS TO EVIDENCE IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Date: Time: Dept: Judge:

March 24, 2008 10:00 a.m. 13 Marilyn L. Huff

Plaintiff objects to the evidence submitted in support of the opposition to plaintiff's motion for a temporary restraining order and preliminary injunction on the following grounds: Declaration of Kim Logue 1. Objection to paragraph 1: the phrase "all of my products are bought at

either at trade shows or on line" is vague and ambiguous.

PLAINTIFF'S OPPOSITION TO DEFENDANT'S OBJECTIONS

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Case 3:08-cv-00397-H-AJB

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Filed 03/20/2008

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Objection to paragraphs 2, 10, 14: declarant lacks personal knowledge of

the statements therein. 3. hearsay. 4. Objections to paragraphs 4 and 8: calls for a legal conclusion and/ or Objection to paragraphs 2, 3, 4, 8 and 15: these paragraphs contain

expert conclusion. 5. Objection: the declaration requires a signature of a non-registered

signatory and does not contain the required scanned signature under the Electronic Case Filing Administrative Policies and Procedures Manual, sec. 2f. Therefore, the declaration is entirely inadmissible and must be struck. Exhibit 1 (Email from Joyce Huang) 5. Objection: hearsay; not properly authenticated. Exhibit 2 (eBay web page) 6. Objection: hearsay; not properly authenticated.

DATED: March 20, 2008

Respectfully submitted by,

YANNY & SMITH By: /s/ Joseph A. Yanny Joseph A. Yanny Attorneys for Plaintiff Email: [email protected]

PLAINTIFF'S OPPOSITION TO DEFENDANT'S OBJECTIONS

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Case 3:08-cv-00397-H-AJB

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Filed 03/20/2008

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CERTIFICATE OF FILING I hereby certify that on March 20, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send a notification of electronic filing to the following CM/ECF Participants and served upon all counsel of record by placing a copy of the same in the United States Mail, postage prepaid, and sent to their last known address as follows: Stuart Jones Wright, Robinson, Osthimer & Tatum 44 Montgomery St., 18th Floor San Francisco, CA 94104 (415) 391-7111, Fax (415) 391-8766 [email protected] March 20, 2008 By: /s/ Joseph A. Yanny Joseph A. Yanny YANNY & SMITH

PLAINTIFF'S OPPOSITION TO DEFENDANT'S OBJECTIONS

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