Free Reply - District Court of California - California

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

Document 17

Filed 01/22/2008

Page 1 of 4

1

2
3

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

4
5 6
"1

Attorneys for Lee's General John Lee

Defendants Toys, Inc.,

and

UNITED STATES DISTRICT
SOUTHERN 'DISTRICT

COURT

8
9

cp-cALIFOlRN~"

10
11

CASE. GEORGIA-PACIFIC CONSUMER PRODUCTS LP, a Delaware limit~d partnership,

NO.07 CV 2391 (JAR POR)

12 13

Plaintiff, V5.
) LEE'S GENERAL TOYS, INC., corporation, JOHN LEE, an DOES 1-10, a California) individual; and) )

14
15 16

DEFENDANTS' EVIDENTIARYOBJECTIONS TO DECLARATION OF JOS. MILLER ATTACHED TO REPLY TO DEFENDANTS' DECL. OF R. MARTINETTI
Date: Time: Judge: January 28, 08 2:30 pm Hon. J. Houston

17 18 19

Defendants.

(Assigned to J. Houston)

Hon.

20
21
TO ALL PARTIES AND THEIR

, ATTORNEYS

OFiRECORD:

22 23 24
25 to

Defendants Declaration 1. Paragraph and

respectfully of 1. fail Miller Joseph This to

submit H. Miller: paragraph

their

evidentiary

objections

and the the to

entire

declaration and training scientific lack

lack that experifounda-

foundation would ments.

set

forth

background to

26 27 28

make Mr. Also,

competent

testify entire

tJ:1e paragraph

and the

declaration

1

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

Document 17

Filed 01/22/2008

Page 2 of 4

1

tion of

in

that

tbey_fail

to

" e§tgplj"§.~,.."t.h.~,,Qgckground

and

tr-aining

2 3

those
2.

who performed Paragraph 2. This

the

experiments. lacks
as

paragraphs
of

foundation
to where

in the tampered

that alleged
with,

it

4
5 6
~

does tissue that

not was the

establish

a chain

custody

purchased,

that

the

package

was'not at

original

wrapping

was not

removed

any time

before

the

experiment. 3. is the
has
4.

8 9

Paragraph

5. that

This this

paragraph company's or that

lacks

foundation is

in

that

there
in

no showing scientific
been accepted

own standard the company's
state
fourtdation

acceptable testing"
.
that

10
11
~ w"'
z J z

community
in
7.

"internal
or federal)
in

any

court
paragraph

(whether
lacks "-~.~""

U) o N
m

12 13

Paragraph -~"

This. -.'~

there "dirt that the court

-"' Inl-> UJa:< U
< z LI.

is

no

showing

that
acceptable

this
in

company's
the\

own

standard
community

(regarding
or

14
15 16

count") company's
(whether

is

'I' scientific

. UJ .J < C Z ~

"internal
state or

testing"
federal) .

has

been

accepted

in

any

17 18 19 to

5.

Paragraph or what

8. not 9,

This the 10,

paragraph average and 11. in

draws consumer These

unfounded may think.

conclusions

as

what 6.

Paragraphs fail to used to
who

paragraphs detail further

lack the the of

foundation

20
21

and

set to any

forth conduct

any meaningful this experiment; as to the

methods

and

protocol
fail sons

paragraphs the per-

22 23 24 25 26 27 28

lay

foundation
the .~

qualifications
~ objections
, raise

conducted

experiments. ~--'_._~~~-'~ submit
\, court's\

Defendants
fully will

respectfully
request the

these

and
them

respectorally at

p'ermission1to

the

January

28,

2008

hearing.

2

Case 3:07-cv-02391-JAH-POR
Dated:
1

Document 17
RONALD
\''\ ,
By. ~~d

Filed 01/22/2008
/ I NETT

Page 3 of 4
I

January

_2!-1_2008

-.l5bc~AJJill.c~~~MART

MARTINETTI,
tJf;r~i~~il I' .

ESQ.

2 3 4
5 6 7 8

Ronald artinetti Attorneys for Defendants Lee's General Toys, Inc. i John Lee E-mail: [email protected]

and

9 10
11
~ 1III
Z

"'
:> Z

(D o N
01

12 13 14

-"' (/)1-> I1Jcr< U
~ Z

< . I1J .J < C Z

O~-"'.J ~ ~Z'":>U «'"(/) .J-o( .'11J Zo
15 16
1 'I'

~

~

lB

19

20
21

22 23 24 25 26 27

28

3

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

Document 17

Filed 01/22/2008

Page 4 of 4

1

PROOF OF SERVICE I am employed in Los Angeles the age of eighteen years and not My business address is 520 East 91206. County, a party Wilson California; I am over to the within action. Glendale, California to R.

2
3

4
5 6
.."

On this date I served Defendants' Evidentiary Objections Decl. of Jos. Miller Attached to Reply to Defendants' Decl. Martinetti
.by personal delivery

of

(to

the

address

below)
enclosed in a in the united addressed to: sealed states

8 9 10
11

x
by placing envelope with postage Post Office mail box Stephen
Latham

a true\,copy thereo~ thereon ~ully prepaid, at Glendale, California, Esq.
J

Swinton,
& Watkins ...'

12 13

12636 Hlgh Bluff Drlve, San Diego, California Tel. 858-523-5450 858-523-5400 FAX .

Sulte 400 92130-2071

14
15 16 17

and via

FAX to

counsel

for

Georgia-Pacific

Consumer

Prod.

(x)

18 19

(x) BY MAIL I sealed and placed such envelope for collection and mailing to be deposited in the mail on the same day in the ordinary course of business at Glendale, California. I am readily familiar with our law firm's practice of collecting and processing correspondence and documents for mailing. They are deposited with the u.s. Postal Service on the same day as dated, in the ordinary course' o£- bus iness';-~--='T'C_~_C. ~--\,
(State) I declare under penalty

! \
of perJury

.

20
21

lawS--Of foregoing (x)

the is

State true

of and

California correct.

and

the

united

states

under that

the the

22 23 24
25

(Federal)

The papers that

are

also

to

be filed

via

e-rnail. of the state of California

I declare under penalty the foregoing is true Executed this January

of perjury and correct. 21, 2008 at

26 27 28

Glendale, '0..",

California
J " c"" 1

91206

1
d"...""-"' ~"'.-~-.,:c :. ' ,.,f1I ,'