Free Motion for Sanctions - District Court of California - California

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

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Filed 07/03/2008

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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 MELISSA REILLY IN SUPPORT OF DEFENDANT RALPHS GROCERY COMPANY'S MOTION FOR SANCTIONS UNDER RULE 37(d); [Notice of Motion and Motion for Sanctions under Rule 37(d) and Declaration of Michael Chilleen filed concurrently herewith] Date: August 21, 2008 Time: 1:30 p.m. Ctrm: H Magistrate Judge Louisa S. Porter

REILLY DECLARATION
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Case No. 07 CV-2301 JLS POR

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

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Filed 07/03/2008

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1 Pursuant to 28 U.S.C. § 1746, I, Melissa Reilly, hereby declare as follows: 2

1.

I am an administrative assistant with the law firm of Greenberg Traurig

3 LLP. I assist Michael J. Chilleen, one of the attorneys of record in this case representing 4 Ralphs Grocery Company ("Ralphs"). I make this Declaration based on my own 5 personal knowledge of the matters set forth herein. If called as a witness in this case, I 6 could and would testify as follows: 7

2.

On June 4, 2008, I received a phone call from Mr. Hubbard's assistant. She

8 requested an extension of time to respond to Ralphs' written discovery. I told her that I 9 would check with Mr. Chilleen and call her back. Mr. Chilleen told me that we could 10 grant plaintiff an extension, so long as plaintiff agreed to respond with meaningful 11 responses (not mere boilerplate objections) prior to plaintiff's upcoming deposition on 12 June 25. I called Mr. Hubbard's assistant back. She said that she understood that we 13 wanted meaningful responses before plaintiff's June 25 deposition date. She agreed to 14 provide responses by June 16. 15

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

16 foregoing is true and correct. Executed on July 3, 2008, at Irvine, California. 17 18 19 20 21 22 23 24 25 26 27 28 1 REILLY DECLARATION
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s/Melissa Reilly Melissa Reilly

Case No. 07 CV-2301 JLS POR

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

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Filed 07/03/2008

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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.
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On the below date, I served: DECLARATION OF MELISSA REILLY IN 6 SUPPORT OF DEFENDANT RALPHS GROCERY COMPANY'S MOTION FOR SANCTIONS UNDER RULE 37(d) with the Clerk of the United States District Court 7 for the Southern District, using the CM/ECF System. The Court's CM/ECF System will send an email notification of the foregoing filing to the following parties and counsel of 8 record who are registered with the Court's CM/ECF System:
9 Lynn Hubbard, III 10 Law Offices of Lynn Hubbard 12 Williamsburg Lane 11 Chico, CA 95926 Telephone: (530) 895-3252 12 Fax: (530) 894-8244 13 Attorney for Plaintiff, A.J. Oliver 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE
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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.

(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 July 3, 2008, at Irvine, California. /s/ Michael Chilleen Signature

Case No. 07 CV-2301 JLS POR