Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:07-cv-02401-W-CAB

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Filed 01/22/2008

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Phillip L. Kossy, State Bar No. 71543 Micah Parzen, State Bar No. 222559 Liseanne R. Kelly, State Bar No. 211782 LUCE, FORWARD, HAMILTON & SCRIPPS LLP 600 West Broadway, Suite 2600 San Diego, California 92 101-3372 Telephone No.: 619.236.1414 FaxNo.: 619.232.8311 Attorneys for Defendant ROBERT WALDER

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

AMERICAN DIAGNOSTIC MEDICINE, iNC., Plaintiff,

Case No. 07cv2401 W (CAB)

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JUDGE:
CTR1VI:

Hon. Thomas J. Whelan
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v.
ROBERT WALDER, PAUL KAPLAN, and DOES 1 through 100, Inclusive, Defendants.

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DECLARATION OF LISEANNE R. KELLY IN SUPPORT OF DEFENDANT WALDER'S EXPARTE APPLICATION FOR AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING

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I, LISEANNE R. KELLY, declare as follows: 1. I am duly licensed to practice law before all the courts of this state and am an

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associate attorney at Luce, Forward, Hamilton & Scripps LLP, counsel of record for Defendant ROBERT WALDER. ("Walder"). I know the matters stated herein of my own personal knowledge and, if called as a witness, could testify competently thereto. 2. leave. 3. I am informed by Mr. Parzen that he had requested an extension of time to file a On January 18, 2008, my colleague Micah Parzen began a four (4) week paternity

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responsive pleading from Plaintiffs counsel, as the parties are actively engaged in settlement negotiations, but that Plaintiff indicated it was unwilling to voluntarily grant an extension. 4. On January 22, 2008, I also called counsel for Plaintiff to determine if they would

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07cv2401 W (CAB)

Case 3:07-cv-02401-W-CAB

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Filed 01/22/2008

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voluntarily grant an extension of time for Mr. Walder to respond. I was informed by Plaintiffs counsel that they would not agree to an extension. Later that same day, I informed Plaintiffs counsel, Mr. Aldort, that Mr. Walder would be seeking relief ex-parte and Plaintiffs counsel indicated Plaintiff would not object, but they would like to be appraised if there will be a hearing on this matter.

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5.

On January 22, 2008, I also called counsel for the co-defendant Mr. Kaplan and left

him a message that Mr. Walder will be filing this exparte motion. I also followed up with an email to Mr. Kaplan informing him of this exparte motion. To date, I have not received a response. 6. Prior to today, our firm was only engaged by Mr. Walder to assist him with

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settlement negotiations. Today, our firm was retained to represent Mr. Walder with respect to this instant litigation as well. 7. In light of the fact that the parties are engaged in active settlement discussions, the

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fact that our firm was just retained today to represent Mr. Walder with respect to the instant litigation, and the fact that I have just taken over for Mr. Parzen on this matter, additional time is needed to prepare an answer and conduct research regarding possible counter claims Mr. Walder may be required to assert against plaintiff at the time of his answer. Additionally, Defendant Walder is hopeful this matter can be resolved soon via settlement. 8. Prior to this motion, Defendant Walder has not sought or obtained any previous

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extensions of time.

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III

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Case 3:07-cv-02401-W-CAB

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I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 22nd day of January, 2008, at San Diego, California.

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LISEA

R.

LLY

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