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

Case 3:07-cv-02400-IEG-NLS

Document 14-2

Filed 04/01/2008

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Micha Danzig, Esq. (SBN 177923) [email protected] Juan C. Castañeda, Esq. (SBN 240705) [email protected] MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C. 5355 Mira Sorrento Place, Suite 600 San Diego, CA 92121 Telephone: 858-320-3000 Facsimile: 858-320-3001 Attorneys for Plaintiff, BOND LABORATORIES, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

BOND LABORATORIES, INC., a California corporation, Plaintiff, v. GEMCO, INC., a New Jersey corporation, and DOES 1-10, inclusive, Defendants.

Case No.: 07CV2400 IEG NLS DECLARATION OF MICHA DANZIG IN SUPPORT OF PLAINTIFF BOND LABORATORIES, INC.'S OPPOSITION TO GEMCO'S EX PARTE APPLICATION FOR RECONSIDERATION OF THE COURT'S ORDER DENYING ITS MOTION TO COMPEL ARBITRATION, OR ALTERNATIVELY, TO DISMISS FOR IMPROPER VENUE Date: Time: Judge: Crtrm: April 7, 2008 10:30 a.m. The Hon. Irma E. Gonzalez 1

I, Micha Danzig, declare as follows: 1. I am an attorney at law duly licensed to practice before all courts in the State of

California, and am a member of Mintz Levin Cohn Ferris Glovsky and Popeo, PC, attorneys of record for Plaintiff. I have personal knowledge of the matters recited below and if called as a witness in this matter could and would truthfully testify to same. 2. Attached hereto as Exhibit A is a true and correct copy of an email from me to

Michael Kirby dated November 13, 2007. 3. Attached hereto as Exhibit B is a true and correct copy of an email from me to

Michael Kirby dated November 16, 2007. 1 Case No.: 07CV2400 IEG NLS

Case 3:07-cv-02400-IEG-NLS

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Attached hereto as Exhibit C is a true and correct copy of an email from Michael

Kirby to me dated November 16, 2007. 5. Attached hereto as Exhibit D is a true and correct copy of an email from me to

Michael Kirby dated December 4, 2007. 6. Attached hereto as Exhibit E is a true and correct copy of an email from Michael

Kirby to me dated December 4, 2007. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 1st day of April, 2008 at San Diego, California.

By: s/Micha Danzig Micha Danzig

2 Case No.: 07CV2400 IEG NLS

Case 3:07-cv-02400-IEG-NLS

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Filed 04/01/2008

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4292497v.1

CERTIFICATE OF SERVICE I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of San Diego, State of California, and am not a party to the above-entitled action. On April 1, 2008, I filed a copy of the following document(s): DECLARATION OF MICHA DANZIG IN SUPPORT OF PLAINTIFF BOND LABORATORIES, INC.'S OPPOSITION TO GEMCO'S EX PARTE APPLICATION FOR RECONSIDERATION OF THE COURT'S ORDER DENYING ITS MOTION TO COMPEL ARBITRATION, OR ALTERNATIVELY, TO DISMISS FOR IMPROPER VENUE by electronically filing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Michael L. Kirby, Esq. KIRBY NOONAN LANCE & HOGE LLP 600 W. Broadway, Suite 1100 San Diego, CA 92101-3387 Attorneys for Defendant GEMCO, INC. Email: [email protected] Executed on April 1, 2008, at San Diego, California. s/Micha Danzig Micha Danzig, Esq.

1 Case No.: 07CV2400 IEG NLS