Free Reply to Response to Motion - District Court of California - California

Case 3:08-cv-00059-WQH-WMC

Document 18-2

Filed 02/25/2008

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ERIC C. SOHLGREN, Bar No. 161710 [email protected] LINDLEY P. FRALEY, Bar No. 223421 [email protected] PAYNE & FEARS LLP Attorneys at Law 4 Park Plaza, Suite 1100 Irvine, CA 92614 Telephone: (949) 851-1100 Facsimile: (949) 851-1212 ERIC A. WELTER [email protected] WELTER LAW FIRM PC 720 Lynn Street, Suite B Herndon, VA 20170 Telephone: (703) 435-8500 Facsimile: (703) 435-8851 Attorneys for Defendant 7-ELEVEN, INC. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA KIMBERLY ALEKSICK, individually and on behalf of other members of the general public similarly situated, Plaintiffs, v. 7-ELEVEN, INC., a Texas Corporation, MICHAEL TUCKER; an individual; and DOES 1-50, Inclusive, Defendants. CASE NO. 08 CV 0059 J (WMc) The Hon. William Q. Hayes DECLARATION OF ERIC A. WELTER Hearing Date: Time: Courtroom: Judge: March 3, 2008 8:30 a.m. 4 Hon. William Q. Hayes

NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

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DECLARATION OF ERIC A. WELTER

Case 3:08-cv-00059-WQH-WMC

Document 18-2

Filed 02/25/2008

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I, Eric A. Welter, declare: 1. I am a shareholder with Welter Law Firm, P.C. I was counsel for Defendant 7-Eleven, Inc. in this matter in state court prior to removal pro hac vice. I am licensed to practice law in the Commonwealth of Virginia and have applied for admission to practice in this case pro hac vice. I have personal knowledge of the facts set forth in this Declaration. 2. Attached as Exhibit A is a true and correct copy of a letter dated June 1, 2007, from Eric C. Sohlgren, local counsel for Defendant 7-Eleven, to William B. Sullivan, counsel for Plaintiff, in which 7-Eleven provided Mr. Sullivan with a copy of its franchise agreement with Defendant Tucker. 3. Attached as Exhibit B are true and correct copies of documents produced by 7-Eleven in discovery to counsel for Plaintiff in connection with Defendant 7-Eleven, Inc.'s Responses and Objections to Plaintiff's Request for Production of Documents, Set Two (Bates Nos. 7-ELEVEN-00241 to 7-ELEVEN-00420), in which 7-Eleven produced to Plaintiff a complete copy of its franchise agreement with Defendant Tucker. 4. Attached as Exhibit C are true and correct copies of documents produced by 7-Eleven in discovery to counsel for Plaintiff in connection with Defendant 7-Eleven, Inc.'s Responses and Objections to Plaintiff's Request for Production of Documents, Set Two (Bates Nos. 7-ELEVEN-00421, 7-ELEVEN-00529 to 7-ELEVEN-00571), which include a copy of 7-Eleven's franchise agreement from the 2007 California Uniform Franchise Offering Circular. 5. Attached as Exhibit D are true and correct copies of documents produced by 7-Eleven in discovery to counsel for Plaintiff in connection with Defendant 7-Eleven, Inc.'s Responses and Objections to Plaintiff's Request for Production of Documents, Set Two (Bates Nos. 7-ELEVEN-00851, 7-ELEVEN-00959 7-ELEVEN-00974) which include a copy of 7-Eleven's
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DECLARATION OF ERIC A. WELTER

Case 3:08-cv-00059-WQH-WMC

Document 18-2

Filed 02/25/2008

Page 3 of 3

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franchise agreement from the 2003 California Uniform Franchise Offering Circular. 6. Attached as Exhibit E are true and correct copies of documents produced by 7-Eleven in discovery to counsel for Plaintiff in connection with Defendant 7-Eleven, Inc.'s Responses and Objections to Plaintiff's Request for Production of Documents, Set Two (Bates Nos. 7-ELEVEN-01250, 7-ELEVEN-01354 to 7-ELEVEN-01391), which include a copy of 7-Eleven's franchise agreement from the 2006 California Uniform Franchise Offering Circular. 7. Attached as Exhibit F is a true and correct copy of Defendant 7-Eleven, Inc.'s Responses and Objections to Plaintiff's Request for Production of Documents, Set Two, which according to the proof of service were sent to William B. Sullilvan, counsel for Plaintiff on August 16, 2007. I declare under penalty of perjury under the laws of the United States and California that the foregoing is true and correct. Executed this 25th day of February, 2008, at Herndon, Virginia. /s/ Eric A. Welter Eric A. Welter

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DECLARATION OF ERIC A. WELTER