Free Reply - District Court of California - California

Case 3:07-cv-02391-JAH-POR

Document 40

Filed 03/14/2008

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RONALD MARTINETTI, ESQ. State Bar No.106 898 KAZANJIAN & MARTINETTI 520 East Wilson Avenue Glendale, California 91206 Tel.818-241-1011 FAX 818-241-2193 E-Mail [email protected] Attorneys for Defendants Lee's General Toys, Inc., and John Lee

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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GEORGIA-P ACIFIC CONSUMER PRODUCTS LP, a Delaware limited partnership,

CASE. NO.07 CY 2391 (JAH POR)
DEFENDANTS OBJECTIONS TO DECLARATION OF ADAM WELLAND FILED IN SUPPORT OF PLAINTIFF GEORGIAPACIFIC'S REPLY TO OPPOSITION TO SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

Plaintiff.
vs. , LEE'S GENERAL JOHN 1-10, TOYS, INC., a California) and ) ) corporation, DOES LEE, an individual;

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Defendants.

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Defendants Lee's General Toys, Inc. and John Lee respectfully object to the Declaration of Adam Welland Filed in Support of Plaintiff Georgia-Pacific's Reply to Opposition to
Supplemental Brief in Support of Motion for Preliminary Injunction: ..

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Case 3:07-cv-02391-JAH-POR

Document 40

Filed 03/14/2008

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.Defendants object to paragraphs6,7,8,9,
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and 10 (and exhibits 4,5,6,7,

8) of the

Declaration of Adam Welland on the grounds that there is no showing that the ads
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were aired or shown in Southern California including Los Angeles and San Diego. The
statements of Mr. Welland and the photographs and pictures are irrelevant and lack

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foundation that the photographs and pictures were shown in the relevant geographic area (where Defendant's product (Angelite) was sold largely at swap meets). One of the ads has the date 3-8-07 which indicates that Angel Soft is only recently entering the Spanish market (and this may not even be in Southern California). Another

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photograph (Exhibit 5) has the date 12-

-05 stamped over the printed indication that

the ad was copyrighted by Georgia Pacific in 2007- -leading to the question of whether the photo was docto!ed-and, if so, why Dated: March 13- 2008 KAZANJIAN & MARTINETTI RONALD MARTINETTI, ESQ. By ~AlJ\. ~.~tC\\.. Ronald Martinetti Attorneys for Defendants

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Case 3:07-cv-02391-JAH-POR

Document 40

Filed 03/14/2008

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PROOF OF SERVICE BY MAIL -(1013a, 2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the county of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within above-entitled action; my business addressis 520 E. Wilson Ave., Suite 250, Glendale, California 91206.
On March 14, 2008 I served the foregoing DEFENDANTS OBJECTIONS TO DECLARATION OF ADAM WELLAND FILED IN SUPPORT OF PLAINTIFF GEORGIA PACIFIC'S REPLY TO OPPOSITION TO SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUCTION on all the interested parties in this action as follows:

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x a true copy

StephenP. Swinton, Esq. Adam A. We11and, Esq. Latham & Watkins LLP 12636 High Bluff Drive, Suite 400 San Diego, CA 92130-2071 Fax No.: (858) 523-5450 an original MESSENGER;

BY PERSONAL DELIVERYNIA

-XBY ELECTRONIC FILING: I am familiar with the United StatesDistrict Court, Southern District of California' s practice for collecting and processing electronic filings. Under that practice, documents are electronically filed with the court. The court's CM/ECF system will generatea Notice of Electronic Filing (NEF) to the filing party, the assignedjudge, and any registeredusersin the case. The NEF will constitute service of the document. Registration as a CM/ECF user constitutes consent to electronic service through the court's transmission facilities. Under said practice the above mentioned parties were served.
AID POST AGE: I deposited such an envelope in the mail at Glendale, California. The

envelope was mailed with postage thereon fully prepaid.

u. s. MAIL: I am "readily familiar" with our finn's practice of collection and processing correspondencefor mailing. It is deposited with the U.S. Postal Service on that same day on the ordinary course of business. I am aware that on motion of any party served, service is presumed invalid if postal cancellation date or postagemeter date is more than one day after the date of deposit for mailing affidavit. x BY FACSIMILE: On the interested parties in this action pursuant to C.R.C. RULE 2009 (b). The telephone number of the facsimile machine I used was (818) 241-2193. This facsimile machine complies with Rule 2003 (2) of the California Rules of Court. The transmission was reported as complete and without error. The facsimile machine printed out a record indicating that the transmission was successfully completed.
Executed on March 14, 2008, G1enda1e,California. the foregoing is true and correct. r--::i: , ~
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Id l~cJ~ ..d

1Jnde~-;~erjury,
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that

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