Free Reply - District Court of California - California

Case 3:07-cv-02301-JLS-POR

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Filed 08/14/2008

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GREENBERG TRAURIG, LLP GREGORY F. HURLEY (SBN 126791) MICHAEL CHILLEEN (SBN 210704) 3161 Michelson Drive, Suite 1000 Irvine, California 92612 Telephone: (949) 732-6500 Facsimile: (949) 732-6501 Email: [email protected]; [email protected] Attorneys for Defendant, Ralphs Grocery Company DBA Food 4 Less #780 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA A.J. Oliver, Plaintiff, vs. RALPH'S GROCERY COMPANY dba FOOD 4 LESS #780; CYPRESS CREEK CO., LP dba PTC INVESTMENTS COMPANY, Defendants. CASE NO. 07 CV 2301 JLS POR DECLARATION OF MICHAEL J. CHILLEEN IN SUPPORT OF DEFENDANT RALPHS GROCERY COMPANY'S REPLY IN SUPPORT OF ITS MOTION FOR SANCTIONS UNDER RULE 37(d) [Reply in Support of Motion for Sanctions under Rule 37(d) filed concurrently herewith] Date: August 21, 2008 Time: 1:30 p.m. Ctrm: H Magistrate Judge Louisa S. Porter

CHILLEEN DECLARATION
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Case No. 07 CV-2301 JLS POR

Case 3:07-cv-02301-JLS-POR

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1 Pursuant to 28 U.S.C. § 1746, I, Michael J. Chilleen, hereby declare as follows: 2

1.

I am an associate with the law firm of Greenberg Traurig LLP and one of the

3 attorneys of record in this case representing Ralphs Grocery Company ("Ralphs"). I am 4 licensed to practice law in the State of California and the United States District Court for 5 the Southern District of California. I make this Declaration based on my own personal 6 knowledge of the matters set forth herein. If called as a witness in this case, I could and 7 would testify as follows: 8

2.

Attached as Exhibit "A" is a true and correct copy of Plaintiffs' Motion to

9 Modify the Scheduling Order and Amend his Complaint in this case. 10

I declare under penalty of perjury under the laws of the United States that the

11 foregoing is true and correct. Executed on August 14, 2008, at Irvine, California. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CHILLEEN DECLARATION
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s/Michael J. Chilleeen Michael J. Chilleen

Case No. 07 CV-2301 JLS POR

Case 3:07-cv-02301-JLS-POR

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PROOF OF SERVICE

2 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 a party to the within action; my business address is 3161 Michelson Drive, 4 Suite 1000, Irvine, California 92612.
3 5

On the below date, I served: DECLARATION OF MICHAEL J. CHILLEEN 6 IN SUPPORT OF DEFENDANT RALPHS GROCERY COMPANY'S REPLY IN SUPPORT OF ITS MOTION FOR SANCTIONS UNDER RULE 37(d) with the 7 Clerk of the United States District Court for the Southern District, using the CM/ECF System. The Court's CM/ECF System will send an email notification of the foregoing 8 filing to the following parties and counsel of record who are registered with the Court's CM/ECF System:
9 10 Lynn Hubbard, III

Law Offices of Lynn Hubbard Chico, CA 95926

11 12 Williamsburg Lane 12 Telephone: (530) 895-3252 13

Fax: (530) 894-8244

Robert P. Lowell Lowell & Robbin 707 Broadway, Suite 1800 San Diego, CA 92101-5314 Telephone: (619) 236-1142 Fax: (619) 233-0700 Attorney for Defendant, Cypress Creek Co., L.P.

14 Attorney for Plaintiff, A.J. Oliver 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE
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(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 and at whose direction the service was made. Executed on August 14, 2008, at Irvine, California. /s/ Michael Chilleen Signature

Case No. 07 CV-2301 JLS POR