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

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

Document 13-3

Filed 02/15/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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. Napoleon A. Jones, Jr. DECLARATION OF ERIC A. WELTER Hearing Date: March 3, 2008 Time: 8:30 a.m. Courtroom: 12 Judge: Hon. Napoleon A. Jones, Jr.

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

DECLARATION OF ERIC A. WELTER

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

Document 13-3

Filed 02/15/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

and have been admitted to appear pro hac vice before this Court. I am licensed to practice law in the Commonwealth of Virginia. I have personal knowledge of the facts set forth in this Declaration and would be competent to testify to them, if called upon to do so. 2. Attached as Exhibit A is a true and correct copy of a letter and proposed First Amended Complaint that our firm received by facsimile on December 13, 2007. 3. 4. Attached as Exhibit B is a true and correct copy of 7-Eleven's Request Attached as Exhibit C is a true and correct copy of Defendant for Admissions to Defendant Michael Tucker in the state court action. Tucker's responses to 7-Eleven's request for admissions in the state court action. I declare under penalty of perjury that the foregoing is true and correct. Executed this 15th day of February, 2008, at Herndon, Virginia. /s/ Eric A. Welter Eric A. Welter

DECLARATION OF ERIC A. WELTER