Free Response in Opposition to Motion - District Court of California - California

Case 3:08-cv-00060-BTM-CAB

Document 43-2

Filed 08/06/2008

Page 1 of 2

Roger G. Perkins, Esq., CSB #86617 Rperkins~mpplaw.com
2 Kristina M. Pfeifer, Esq., CSB #234352

Kpfeifer~mpplaw.com 3 MORRIS POLICH & PURDY LLP 501 West Broadway, Suite 500
4 San Diego, California 92101

Telephone: (619) 557-0404
5 Facsimile: (619) 557-0460
6 Robert S. Mallin, Ilinois Bar No. 6205051

Rmall in~brinkshofer. com
7 Brinks Hofer Gilson & Lione

NBC Tower, Suite 3600
8 455 North Cityfront Plaza Drive

Chicago, IL 60611-5599
9 Telephone: (312) 321-4221
Facsimile: (312) 321-4299

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Attorneys for Defendants
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

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lENS ERIK SORENSEN, As Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST,
Plaintiff,
v.

CASE NO. 3:08-cv-00060-BTM-CAB

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EMERSON ELECTRIC CO., a Missouri Corporation; ONE WORLD TECHNOLOGIES, INC., a Delaware corporation; RIDGE TOOL COMP ANY, an Ohio Corporation; RIDGID, INC., a Delaware corporation; and DOES 1- 1 00
Defendants.

DECLARA TION OF ROBERT S. MALLIN IN SUPPORT OF EMERSON ELECTRIC CO. 's, RIDGE TOOL COMPANY'S, RIDGID INC.'S AND ONE WORLD TECHNOLOGIES, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE
Date: August 8, 2008

Time: 11 :00 a.m.
Courtroom: 15

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Hon. Barry Ted Moskowitz
NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

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DECLARATION OF ROBERT S. MALLIN IN SUPPORT OF EMERSON ELECTRIC CO.'S, RIDGE TOOL COMPANY'S, RIDGID INC.'S AND ONE WORLD TECHNOLOGIES, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE 3:08-CV-00060-BTM-CAB

Case 3:08-cv-00060-BTM-CAB

Document 43-2

Filed 08/06/2008

Page 2 of 2

1 I, Robert S. Mallin, declare:
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1.

I am a member of the bar of the state of Ilinois, and I am a partner at the law firm of

3 Brins Hofer Gilson & Lione, which represents EMERSON ELECTRIC CO., RIDGE TOOL
4 COMP ANY, RIDGID INC., and ONE WORLD TECHNOLOGIES, INC. in this action. I am admitted
5 pro hac vice in this case. I make this declaration pursuant to Civ LR 7.1(f)(2)(a) in support of

6 EMERSON ELECTRIC CO.'S, RIDGE TOOL COMPANY'S, RIDGID INC.'S AND ONE WORLD
7 TECHNOLOGIES,INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR EXCEPTION TO STAY

8 TO PRESERVE EVIDENCE.
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2.
3.

Attached at Exhibit 1 is a true and correct copy of a letter dated May 6, 2008 Attached at Exhibit 2 is a true and correct copy of a letter dated May 27, 2008. Attached at Exhibit 3 is a true and correct copy of a letter dated June 3, 2008.

4.
5.
6.

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Attached at Exhibit 4 is a true and correct copy of a letter dated June 6, 2008

SRDT did not respond to the letter dated June 6,2008.
Attached at Exhibit 5 is a true and correct copy of a letter dated July 10, 2006. Attached at Exhibit 6 is a true and correct copy of a letter dated November 30, 2007.

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7.
8.

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9.

Attached at Exhibit 7 is a true and correct copy of a letter dated January 23, 2008 along
the Declaration of

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William Chen.

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10.
11.

Attached at Exhibit 8 is a true and correct copy of a letter dated January 23,2008.

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Attached at Exhibit 9 is a true and correct copy of the deposition of Robert Bugos that

20 was filed by SRDT in this case on April23, 2008 as Docket Entry No. 37-6.

21 I declare under the penalty ofperjury that the foregoing is true and correct.

22 Executed on this 25th day of July, 2008.
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Isl Robert S. Mallin

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K:\ WDDOCS\2036\28490\SD020791.DOC

-2DECLARTION OF ROBERT S. MALLIN IN SUPPORT OF EMERSON ELECTRIC CO.'S, RIGE TOOL COMPANY'S, RIGID INC.'S AND ONE WORLD TECHNOLOGIES, INC.'S OPPOSITION TO PLAINTIFF'S
MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE
3 :08-CV -00060-BTM -CAB