Free Notice of Joinder - District Court of California - California

Case 3:08-cv-00046-JM-JMA

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Filed 02/22/2008

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GREENBERG TRAURIG, LLP GREGORY F. HURLEY (SBN 126791) ALANA R. CHO (SBN 254730) 3161 Michelson Drive, Suite 1000 Irvine, California 92612 Telephone: (949) 732-6500 Facsimile: (949) 732-6501 Email: [email protected]; [email protected] Attorneys for Defendant HOME DEPOT U.S.A., INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

OUTERBRIDGE ACCESS ASSOCIATION, SUING ON BEHALF OF DIANE CROSS; and DIANE CROSS, an individual, Plaintiffs, vs. HOME DEPOT U.S.A., INC. dba THE HOME DEPOT #6679; MIRA MESA MARKETPLACE WEST, LLC; and DOES 1 through 10, inclusive, Defendants.

CASE NO. 08CV 0046 JM JMA

NOTICE OF JOINDER AND JOINDER IN DEFENDANT MIRA MESA MARKETPLACE WEST, LLC'S MOTION FOR: THE COURT TO DECLINE SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFFS' STATE LAW CLAIMS [28 U.S.C. § 1367(c)] DATE: TIME: CTRM: March 21, 2008 1:30 p.m. 16

Complaint Filed: 1/25/08 Trial Date: None Set

NOTICE OF JOINDER BY DEFENDANT HOME DEPOT U.S.A., INC. d.b.a. THE HOME DEPOT #6679

Case No. 08 CV 0046 JM JMA
OC286,225,093v1 072031.012700

Case 3:08-cv-00046-JM-JMA

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Filed 02/22/2008

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 21, 2008, at 1:30 p.m., or as soon thereafter as

3 counsel may be heard, in Courtroom 16 of the above-entitled Court, located at 940 Front Street, San 4 Diego, California, 92102, Defendant Home Depot U.S.A., Inc. d.b.a. The Home Depot #6679 will, and 5 hereby does, join in the motion of Defendant Mira Mesa Marketplace West, LLC for: the Court to 6 decline supplemental jurisdiction over and dismiss Outerbridge Access Association's and Diane Cross's 7 state law claims under the California Unruh Civil Rights Act and the California Disabled Persons Act, 8 pursuant to 28 U.S.C. § 1367(c). 9 This joinder is based upon this notice, all papers submitted by Mira Mesa Marketplace West,

10 LLC in support of their Motion to Dismiss Supplemental State Law Claims, all pleadings and 11 documents on file herein, and upon such other and further oral and documentary evidence as may be 12 presented at or before the hearing on this Motion. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
NOTICE OF JOINDER BY DEFENDANT HOME DEPOT U.S.A., INC. d.b.a. THE HOME DEPOT #6679

DATED: February 22, 2008

GREENBERG TRAURIG, LLP

By /s/Gregory F. Hurley Gregory F. Hurley Attorneys for Defendants HOME DEPOT U.S.A., INC. d.b.a. THE HOME DEPOT #6679

Case No. 08 CV 0046 JM JMA
OC286,225,093v1 072031.012700

Case 3:08-cv-00046-JM-JMA

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Filed 02/22/2008

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE

I am employed in the aforesaid county, State of California; I am over the age of 18 years and not 3 a party to the within action; my business address is 3161 Michelson Drive, Suite 1000, Irvine, CA 92612. 4 On February 22, 2008, I served the NOTICE OF JOINDER AND JOINDER IN 5 DEFENDANT MIRA MESA MARKETPLACE WEST, LLC'S MOTION FOR: THE COURT TO DECLINE SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFFS' 6 STATE LAW CLAIMS [28 U.S.C. § 1367(c)] with the Clerk of the United States District Court for the Southern District of California, using the CM/ECF System. The Court's CM/ECF System will send 7 an email notification of the foregoing filing to the following parties and counsel of record who are registered with the Court's CM/ECF System: 8 Pinnock & Wakefield, APC Counsel for Plaintiffs 9 Theodore A. Pinnock OUTERBRIDGE ACCESS ASSOCIATION, David C. Wakefield SUING ON BEHALF OF DIANE CROSS, and 10 Michelle L. Wakefield Diane Cross, as an individual 3033 Fifth Avenue, Suite 410 11 San Diego, CA 92103 Email: 12 [email protected]; [email protected]; 13 [email protected]; Milberg and De Phillips, P.C. Counsel for Defendant 14 2163 Newcastle Avenue, Suite 200 MIRA MESA MARKETPLACE WEST, LLC Cardiff, California, 92007 15 Timothy G. McNulty E-mail: [email protected] 16 17 18 19 20 21 22 23 24 25 26 27 28
PROOF OF SERVICE
OC286,225,093v1 072031.012700

(BY ELECTRONIC SERVICE VIA CM/ECF SYSTEM) In accordance with the electronic filing procedures of this Court, service has been effected on the aforesaid party(s) above, whose counsel of record is a registered participant of CM/ECF, via electronic service through the CM/ECF system. (FEDERAL) I declare under penalty of perjury that the foregoing is true and correct, and that I am employed at the office of a member of the bar of this Court at whose direction the service was made.

Executed on February 22, 2008, at Irvine, California. s/Gregory F. Hurley GREGORY F. HURLEY

Case No. 08 CV 0046 JM JMA