Free Motion for Sanctions - District Court of California - California

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

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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.

CASE NO. 07 CV 2301 JLS POR DECLARATION OF MICHAEL J. CHILLEEN 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 Melissa Reilly filed concurrently herewith] Date: August 21, 2008 Time; 1:30 p.m. Ctrm: H Magistrate Judge Louisa S. Porter

RALPH'S GROCERY COMPANY dba FOOD 4 LESS #780; CYPRESS CREEK CO., LP dba PTC INVESTMENTS COMPANY, Defendants.

CHILLEEN DECLARATION
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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.

On May 2, 2008, the parties held the Rule 26(f) conference. On May 5,

9 2008, Ralphs propounded requests for document production and special interrogatories, 10 and noticed plaintiffs deposition for June 25, 2008. On May 7, plaintiff's attorney, Mr. 11 Hubbard, objected that this discovery was premature. Mr. Hubbard informed me that he 12 believed that the discovery was premature because the parties had not yet filed a joint 13 discovery report with the Court. I explained to Mr. Hubbard that the holding of the Rule 14 26(f) conference -- not the filing of a discovery report -- triggered the right to conduct 15 discovery under the Federal Rules of Civil Procedure. Accordingly, I asked Mr. Hubbard 16 to withdraw his objection. Mr. Hubbard ignored my requests to discuss or meet and 17 confer on this matter until I threatened to file a motion to compel, at which point, he 18 withdrew his objection. 19

3.

On June 4, 2008, my secretary, Melissa Reilly, informed me that plaintiff

20 was requesting an extension of time to respond to Ralphs' written discovery. I informed 21 her that she could agree to an extension, on my behalf, so long as plaintiff agreed to 22 respond with meaningful responses (not mere boilerplate objections) prior to plaintiff's 23 upcoming deposition on June 25. Plaintiff agreed to provide responses by June 16, nine 24 days before his scheduled deposition. 25

4.

On June 25, without prior notification, both plaintiff and Mr. Hubbard failed

26 to appear for plaintiffs deposition. I called Mr. Hubbard to get an explanation. I was 27 told by his legal assistant that he was not available and that neither plaintiff nor Mr. 28 Hubbard would be showing up for plaintiff's deposition. When I asked why, the legal

1
CHILLEEN DECLARATION
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assistant suggested that recent turnover in legal staff was somehow responsible for their
2 nonappearance. To date, neither plaintiff nor Mr. Hubbard has offered any justification 3 for whey they failed to appear. 4

5.

Ralphs incurred approximately $ 1700.00 in attorney's fees relating to

5 plaintiff's failure to appear at deposition and the time spent preparing this Motion. This 6 includes time spent waiting for plaintiff to appear at deposition, calling Mr. Hubbard's 7 office to find out whether he and plaintiff intended to appear, and researching and 8 drafting this Motion. These fees do NOT include time spent preparing a deposition 9 outline or otherwise preparing for plaintiff's deposition. 10

6. 7. 8.

The costs related to plaintiffs' deposition amount to $253.00 which is the Attached to this Declaration as Exhibit "A" is a true and correct copy of the

11 amount the court reporter charged my firm in connection with plaintiff's deposition. 12

13 05/13/08 Letter that I sent to Mr. Hubbard. 14

Attached to this Declaration as Exhibit "B" are true and correct copies of the

15 discovery that Ralphs propounded on plaintiff, including Ralphs' First Set of Requests 16 for Production of Documents, Ralphs' First Set of Special Interrogatories, and Plaintiff's 17 Deposition Notice. 18

9. 10. 1 1 . 12.

Attached to this Declaration as Exhibit "C" is a true and correct copy of the Attached to this Declaration as Exhibit "D'' is a true and correct copy of the Attached to this Declaration as Exhibit "E" is a true and correct copy of the Attached to this Declaration as Exhibit "F" is a true and correct copy of the Attached to this Declaration as Exhibit "G'' is a true and correct copy of the

19 05/16/08 Letter I sent to Mr. Hubbard. 20

21 05/23/08 Letter I sent to Mr. Hubbard. 22

23 06/04/08 Letter Mr. Hubbard sent to me. 24

25 court report transcript of plaintiff's deposition. 26

13.

27 bill that the court reporter sent to my firm. 28 2 CHILLEEN DECLARATION oc 286,276,545v1 7-3-08 Case No. 07 CV-2301 JLS POR

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on July 3, 2008, at Irvine, California.

s/Michael J. Chilleeen Michael J. Chilleen

3 CHILLEEN DECLARATION
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Exhibit "A"
Exhibit IA Page

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Greenberg Traurig
rlilichaelIleen Tel 949.732.6609 Fax 949-732.6501 chiFeenrnigglIaw.0001

May 13, 2008 VIA FACSIMILE AND MAIL Lynn Hubbard, III, Esq. Disabled Advocacy Group 12 Williamsburg Lane Chico, CA 95926 Re:

Oliver v. Ralph's Grocery Company, et al., Case No. 07 CV 2301 JLS POR

Dear Mr. Hubbard:
I write to follow up on your email where you state verbatim: "The discovery you recently propounded is premature and I am going to ignore it. Please treat this as a meet and con ler,"

The discovery is not premature. FRCP 26(d) states that "a party may not seek discovery from any source before the parties have conferred as required by Rule 26(1)..." As you know, the Rule 26(0 conference was held on May 2, 2008 and Ralphs propounded the discovery at issue on May 5, 2008, Thus, the discovery is timely. Contrary to your suggestion, there is no requirement that the parties finish the written Joint Rule 26(0 report prior to propounding discovery. Please let me know if you arc going to voluntarily withdraw your objections, so we do not have to involve the Court in this matter. If I do not hear from you before the conference tomorrow, I will bring this matter to the attention of the Court. Very Truly Yours,

Michael Chilleen

MC:mar

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Exhibit "B"
Exhibit . Page

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GREENBERG TRAURIG, LLP GREGORY F. HURLEY (SBN 126791) MICHAEL J. 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, DEFENDANT RALPHS GROCERY COMPANY'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF A.J. OLIVER Defendants. CASE NO. 07 CV 2301 JLS POR

FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 JLS POR

Exhibit Q-) Page

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

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1 PROPOUNDING PARTY: 2 RESPONDING PARTY: 3 SET: 4

Defendant, RALPHS GROCERY COMPANY Plaintiff, A.J. OLIVER ONE

Pursuant to Federal Rules of Civil Procedure Rule 34, requesting party, RALPHS

5 GROCERY COMPANY, demands that responding party, Plaintiff, A.J. OLIVER, 6 produce for inspection and copying, at the offices of Greenberg Traurig LLP, 3161 7 Michelson Drive, Suite 1000, Irvine, California 92612, at the hour of 10:00 a.m., on 8 April 16, 2008, the following specified items. 9

A written response hereto is required of the responding party within 30 days after

10 service of this demand, consisting of either a statement that responding party will comply 11 with this demand, or a statement that responding party lacks the ability to comply with 12 this demand, or an objection to all or part of this demand. 13 14

PRIVILEGED DOCUMENTS With respect to each document otherwise called for by this request, as to which a

15 claim of privilege is asserted, separately state the following: 16 17 18 19 20 21 22 23 24 25 26 27 28

The type of document (e.g., letter, memorandum, note, etc.); (1) (2) Its date; The name, business address, and present position of its author or authors; (3) The position of its author or authors at the time the document was prepared; (4) The name, business address, the present position of its addressee and all other recipients of the document; (5) (6) (7) The position of its addressee and all other recipients at the time the document was prepared and at the time it was received; A general description of the subject of the document; The basis of the claim of privilege; and 1
FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 TLS POR

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1 2 3 4 5

(8) If the basis of the claim of privilege is the attorney/work product doctrine, identify the proceeding for which the document was prepared. GENERAL DEFINITIONS 1. "YOU" or "YOUR" means plaintiff A.J. OLIVER and his agents,

6 employees, representatives or all persons acting on his behalf or in his interest. 7

2.

"PREMISES" means the Food 4 Less store #780 location at 660 Palomar,

8 Chula Vista, California, referred to in YOUR Complaint.

9
11

3.

"INCIDENT(S)" means the events, acts and occurrences described in

10 YOUR Complaint.

4.

"PERSON" or "PERSONS" means all individuals and entities, including

12 without limitation, individuals, representative persons, associations, companies, 13 corporations, partnerships, limited partnerships, joint ventures, trusts, estates, public 14 agencies, departments, division, bureaus and boards. 15

5.

"ACCESS," "ACCESSIBILITY," or "ACCESSIBLE" refers to disability or

16 handicap access as that term is used in the Americans with Disabilities Act and California 17 Code of Regulations, Title 24. 18

6.

"ADAAG" refers to the Americans with Disabilities Act Accessibility

19 Guidelines. 20 21 22

7.

"CALIFORNIA'S TITLE 24 REGULATIONS" refers to the California

Administrative Code Title 24 Accessibility Regulations. 8. "DISABILITY ACCESS LAWS" means all federal, state, and local laws

23 and implementing regulations relating to access of the disabled, including but not limited 24 to the Americans with Disabilities Act, ADAAG, the California's Disabled Persons Act, 25 the Unruh Act (Cal. Civ. Code § 51, et seq.), CALIFORNIA'S TITLE 24 26 REGULATIONS, and Health and Safety Code sections 19955 et seq. 27

9.

"COMMUNICATIONS" means ANY instance in which words or

28 information is transferred or transmitted between two or more PERSONS by whatever 2 FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 .TLS POR

Exhibit_ Page


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manner or means, and regardless of how or by whom the communication was initiated, including but not limited to, correspondence, conversation, instructions, meetings, requests, demands, and conferences. 10. "DOCUMENT" means all written, printed, typed, graphic or otherwise

recorded matter, however produced or reproduced (including non-identical copies, whether different from the original by reason of any notation made on such copies or otherwise); preliminary, intermediary and final drafts; writings, drawings, records and recordings of every kind and description, whether inscribed by hand or by mechanical, electronic, microfilm, photographic or other means (including information stored on computer storage device or media, as well as audio, such as tape recordings, or visual means); reproductions of statements, conversations or events; and all agreements, bids, bonds, calendars, change orders, checks, contracts, correspondence, statements, receipts, returns, summaries, data books, accounting records, work sheets, spread sheets, computer print-outs, information storage media, diary entries, drawings and charts (including additions and revisions), estimates, evaluations, financial statements and records, interand infra-office COMMUNICATIONS, invoices, job site reports, logs, memoranda of any type minutes of all meetings, notes of all types, orders, including purchase orders, photographs, records, schedules, including additions and revisions, surveyor's notes, reports or calculations, reports and studies of ANY kind, tape recordings, (including any form of recording of any telephone or other conversation, interview, conference, or meeting), and all working drawings, papers and files. Note: If any computer software is necessary to read, print or utilize information contained in any DOCUMENT, as defined hereinabove, such software shall be identified together with the DOCUMENT or storage media to which it pertains. 11, "IDENTIFY" means to provide the full name, date, author and specific section of codes or regulations referred to, and to provide the full name, title, address and phone number of persons. 12. "ANY" includes and encompasses "all."
3 FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 JLS POR

Exhibit v.2.-) Page Co

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DOCUMENTS REQUESTED
2 REQUEST FOR PRODUCTION NO. 1: 3

Each and every DOCUMENT regarding, referring to, relating to, encompassing, or

4 comprising YOUR claim that Ralphs Grocery Company discriminated against YOU on 5 the basis of YOUR disability. 6 REQUEST FOR PRODUCTION NO. 2: 7

Each and every DOCUMENT regarding, referring to, relating to, compassing, or

8 comprising any survey or inspection YOU have undertaken of Ralphs Grocery Company. 9 REQUEST FOR PRODUCTION NO. 3: 10

All photographs, videotapes, or other depictions of the PREMISES or any other

11 Ralphs Grocery Company location subject to this litigation. 12 REQUEST FOR PRODUCTION NO. 4: 13

All COMMUNICATIONS to YOU or from YOU relating to ACCESS at the

14 PREMISES or any other Ralphs Grocery Company location subject to this litigation. 15 REQUEST FOR PRODUCTION NO. 5: 16

All notebooks, binders, memorandums, logs, reports, or other DOCUMENTS

17 prepared, maintained, analyzed, or reviewed by YOU regarding, referring to, relating to, 18 or discussing the alleged ACCESS barriers at the PREMISES or any other Ralphs 19 Grocery Company location subject to this litigation. 20 REQUEST FOR PRODUCTION NO. 6: 21

All DOCUMENTS regarding, referring to, relating to, encompassing, or

22 comprising YOUR allegations that YOU suffered injury of any kind as a result of alleged 23 ACCESS barriers at the PREMISES or any other Ralphs Grocery Company location 24 subject to this litigation. 25 REQUEST FOR . PRODUCTION NO. 7: 26

All DOCUMENTS regarding, referring to, relating to, encompassing, or

27 comprising the configuration of the PREMISES or any other Ralphs Grocery Company 28 4 FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 MS POR

Exhibit \-

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location subject to this litigation including, but not limited to, plans, blueprints, diagrams
2 and/or sketches. 3 REQUEST FOR PRODUCTION NO. 8: 4

All DOCUMENTS regarding, referring to, relating to, encompassing, or

5 comprising YOUR claim that Ralphs Grocery Company has violated, or is violating,
6 DISABILITY ACCESS LAWS at the PREMISES or any other Ralphs Grocery 7 Company location subject to this litigation. 8 REQUEST FOR PRODUCTION NO. 9: 9

All DOCUMENTS regarding, referring to, relating to, encompassing, or

10 comprising YOUR claim that the alleged ACCESS barriers at the PREMISES or any 11 other Ralphs Grocery Company location subject to this litigation are readily achievable. 12 REQUEST FOR PRODUCTION NO. 10: 13

All DOCUMENTS evidencing, regarding, referring to, or relating to YOUR

14 visit(s), use, or inspection of the PREMISES or any other Ralphs Grocery Company 15 location subject to this litigation (including, but not limited to, any notes, photos or 16 receipts). 17 REQUEST FOR PRODUCTION NO. 11: 18

All DOCUMENTS which might identify and person having knowledge of any fact

19 YOU allege in the COMPLAINT. 20 REQUEST FOR PRODUCTION NO. 12: 21

All DOCUMENTS which might identify any person YOU communicated with at

22 the PREMISES. 23 REQUEST FOR PRODUCTION NO. 13: 24

All DOCUMENTS which might identify any witnesses to the incidents described

25 in YOUR complaint. 26 27 28 5 FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 JLS POR

Exhibit y-2

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1 REQUEST FOR PRODUCTION NO. 14: 2

All DOCUMENTS evidencing, describing, regarding, referring to, relating to,

3 encompassing, or comprising the existence or amount of any damages claimed by YOU 4 as a result of any Ralphs Grocery Company's alleged discriminatory acts. 5 REQUEST FOR PRODUCTION NO. 15: 6

All DOCUMENTS evidencing, describing, regarding, referring to, relating to,

7 encompassing, or comprising Ralphs Grocery Company's alleged intent to discriminate 8 against YOU. 9 REQUEST FOR PRODUCTION NO. 16: 10 11

All DOCUMENTS which support YOUR claim set forth in YOUR Complaint that Ralphs Grocery Company failed to provide YOU full and equal access to its facilities as

12 required by 42 U.S.C. § 12182(a). 13 REQUEST FOR PRODUCTION NO. 17: 14

All of YOUR receipts from the PREMISES or any Ralphs Grocery Company

15 locations subject to this litigation. 16 REQUEST FOR PRODUCTION NO. 18: 17

Any and all DOCUMENTS (including medical records) establishing the nature

18 and extent of YOUR disability. 19 REQUEST FOR PRODUCTION NO. 19: 20 21

Any and all DOCUMENTS pertaining to, or relating to, barriers to equal access at the PREMISES or any other Ralphs Grocery Company location subject to this litigation.

22 REQUEST FOR PRODUCTION NO, 20: 23

All DOCUMENTS evidencing or establishing the injuries YOU have suffered as a

24 result of Ralphs Grocery Company's actions and/or omissions. 25 26 27 28 6 FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 ES POR

Exhibit \-6 Page

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1 2 DATED: May 5, 2008 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Case No. 07 CV-2301 JLS POR

GREENBERG TRAURIG, LLP

By /s/ Gregory F. Hurley Michael J. Chilleen Attorneys for Defendant Ralphs Grocery Company, DBA Food 4 Less # 780

Exhibit c-?E

Page

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PROOF OF SERVICE 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, Suite 1000, Irvine, California 92612. On the below date, I served the DEFENDANT RALPHS GROCERY COMPANY'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF A.J. OLIVER on the interested parties in this action by placing the true copy thereof, enclosed in a sealed envelope, postage prepaid, addressed as follows: Lynn Hubbard, HI Law Offices of Lynn Hubbard 12 Williamsburg Lane Chico, CA 95926 Telephone: (530) 895-3252 Fax: (530) 894-8244 Attorney for Plaintiff A.J. Oliver 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

x

x

(BY MAIL) I am readily familiar with the business practice of my place of employment in respect to the collection and processing of correspondence, pleadings and notices for mailing with United States Postal Service. The foregoing sealed envelope was placed for collection and mailing this date consistent with the ordinary business practice of my place of employment, so that it will be picked up this date with postage thereon fully prepaid at Irvine, California, in the ordinary course of such business. (FEDERAL) I declare under penalty of perjury that the foregoing is true and correct, and that am employed at the office of a member of the bar of this Court and at whose direction the service was made. Executed on May 5, 2008, at Irvine, California. /s/ Michael Chilleen

8 PROOF OF SERVICE Case No. 07 CV-2301 POR

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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. DEFENDANT RALPHS GROCERY COMPANY'S FIRST SET INTERROGATORIES TO PLAINTIFF A.I. OLIVER CASE NO. 07 CV 2301 JLS POR

FIRST SET OF INTERROGATORIES

Case No. 07 CV-2301 JI,S POR

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1 REQUESTING PARTY: 2 RESPONDING PARTY: 3 REQUEST NUMBER: 4

Defendant, RALPHS GROCERY COMPANY Plaintiff, A.J. OLIVER ONE

Defendant RALPHS GROCERY COMPANY propounds the following First Set of

5 Interrogatories to Plaintiff A.J. OLIVER. 6

These interrogatories are directed to Plaintiff and are to be answered in the manner

7 and form required by Federal Rules of Civil Procedure Rule 33. In answering these 8 interrogatories, Plaintiff is to furnish all information available to him, including that 9 which is in the possession of his employees, agents, investigators or attorneys. 10 11 12

GENERAL DEFINITIONS 1. "YOU" or "YOUR" means plaintiff A.J. OLIVER and his agents,

13 employees, representatives or all persons acting on his behalf or in his interest. 14

2.

"PREMISES" means the Food 4 Less store #780 location at 660 Palomar,

15 Chula Vista, California, referred to in YOUR Complaint. 16

3.

"PERSON" or "PERSONS" means all individuals and entities, including

17 without limitation, individuals, representative persons, associations, companies, 18 corporations, partnerships, limited partnerships, joint ventures, trusts, estates, public 19 agencies, departments, division, bureaus and boards. 20

4.

"ACCESS," "ACCESSIBILITY," or "ACCESSIBLE" refers to disability or

21 handicap access as that term is used in the Americans with Disabilities Act and California 22 Code of Regulations, Title 24. 23

5.

"ADAAG" refers to the Americans with Disabilities Act Accessibility

24 Guidelines. 25

6.

"CALIFORNIA'S TITLE 24 REGULATIONS" refers to the California

26 Administrative Code Title 24 Accessibility Regulations. 27

7.

"DISABILITY ACCESS LAWS" means all federal, state, and local laws

28 and implementing regulations relating to access of the disabled, including but not limited FIRST SET OF INTERROGATORIES Case No, 07 CV-2301 JLS POR

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to the Americans with Disabilities Act, ADAAG, the California's Disabled Persons Act, the Unruh Act (Cal. Civ. Code § 51, et seq.), CALIFORNIA'S TITLE 24 REGULATIONS, and Health and Safety Code sections 19955 et seq. 8. "COMMUNICATIONS" means ANY instance in which words or

information is transferred or transmitted between two or more PERSONS by whatever manner or means, and regardless of how or by whom the communication was initiated, including but not limited to, correspondence, conversation, instructions, meetings, requests, demands, and conferences. 9. "DOCUMENT" means all written, printed, typed, graphic or otherwise

recorded matter, however produced or reproduced (including non-identical copies, whether different from the original by reason of any notation made on such copies or otherwise); preliminary, intermediary and final drafts; writings, drawings, records and recordings of every kind and description, whether inscribed by hand or by mechanical, electronic, microfilm, photographic or other means (including information stored on computer storage device or media, as well as audio, such as tape recordings, or visual means); reproductions of statements, conversations or events; and all agreements, bids, bonds, calendars, change orders, checks, contracts, correspondence, statements, receipts, returns, summaries, data books, accounting records, work sheets, spread sheets, computer print-outs, information storage media, diary entries, drawings and charts (including additions and revisions), estimates, evaluations, financial statements and records, interand intra-office COMMUNICATIONS, invoices, job site reports, logs, memoranda of any type minutes of all meetings, notes of all types, orders, including purchase orders, photographs, records, schedules, including additions and revisions, surveyor's notes, reports or calculations, reports and studies of ANY kind, tape recordings, (including any form of recording of any telephone or other conversation, interview, conference, or meeting), and all working drawings, papers and files. Note: If any computer software is necessary to read, print or utilize information contained in any DOCUMENT, as defined

2 FIRST SET OF INTERROGATORIES Case No. 07 CV-2301 JI.,S POR

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hereinabove, such software shall be identified together with the DOCUMENT or storage media to which it pertains.
3

10.

"IDENTIFY" means to provide the full name, date, author and specific

4 section of codes or regulations referred to, and to provide the full name, title, address and 5 phone number of persons. 6 7 8 INTERROGATORY NO. I:

11.

"ANY" includes and encompasses "all." INTERROGATORIES

9

IDENTIFY all injunctive relief that YOU seek at the PREMISES or any other

10 Ralphs Grocery Company locations subject to this litigation. 11 12

INTERROGATORY NO, 2: IDENTIFY each barrier to equal access (referencing the relevant ADAAG

13 sections) which YOU contend exists at the PREMISES or any other Ralphs Grocery 14 Company locations subject to this litigation. 15 INTERROGATORY NO. 16

3:

IDENTIFY each feature of the PREMISES or any other Ralphs Grocery Company

17 locations subject to this litigation which YOU allege violates DISABLED ACCESS 18 LAWS. 19 INTERROGATORY NO. 4: 20

For each feature identified in response to interrogatory No. 3, specify the statute or

21 regulation which YOU contend that feature violates. 22 INTERROGATORY NO. 5: 23

For each feature identified in response to interrogatory No. 3, describe every

24 reason YOU contend the feature violates DISABLED ACCESS LAWS. 25 26 27 28 3 FIRST SET OF INTERROGATORIES Case No. 07 CV-2301 MS FOR

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1 2

INTERROGATORY NO. 6: Please state the name, address, and telephone number of YOUR present employer

3 or place of self-employment; and the name, address, dates of employment, job title, and 4 nature of work for each employer or self-employment YOU have had for the last ten 5 years. 6 INTERROGATORY NO. 7

7:

State YOUR current residence address, and ANY residence addresses YOU have

8 had in the last three years. 9 INTERROGATORY NO. 8: 10 11

Describe with particularity YOUR disability, the date YOUR disability began, and how it limits a major life activity.

12 INTERROGATORY NO. 9: 13

IDENTIFY the case name, case number, and jurisdiction for each disability

14 discrimination lawsuit in which YOU have been a plaintiff, class representative or class 15 member in the last ten years, including the current status of each case. 16 INTERROGATORY NO. 10: 17

Have YOU ever been convicted of a felony? If so, for each conviction state; the

18 city and state where YOU were convicted; the date of conviction; the offense; and the 19 court and case number. 20 INTERROGATORY NO. 11: 21

IDENTIFY ANY damages that YOU attribute to YOUR visits(s) to the

22 PREMISES, including, but not limited to physical injury or emotional distress? For each 23 item of damage state the nature; the date it occurred; the amount; and the name, address, 24 and telephone number of each PERSON to whom an obligation was incurred. 25 INTERROGATORY NO. 26

12:

Did YOU receive ANY consultation, examination or treatment from a health care

27 provider for ANY injury YOU attribute to YOUR visit(s) to the PREMISES? If so, for 28 each health care provider, state the name, address, and telephone number; the type of 4 FIRST SET OF INTERROGATORIES Case No. 07 CV-2301 POR

Exhibit_o Page _;>

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

Document 31-2

Filed 07/03/2008

Page 22 of 41

1

consultation, examination or treatment provided; the dates YOU received consultation,

2 examination or treatment; and the charges to date. 3 INTERROGATORY NO. 13: 4

State the total amount of statutory damages YOU are seeking to recover in this

5 action, and describe how YOU calculated that amount. 6 INTERROGATORY NO. 14: 7

Do ANY DOCUMENTS support the existence or amount of ANY item of

8 damages YOU claim in YOUR complaint? If so, IDENTIFY each item of damage, each 9 DOCUMENT describing it, and state the name, address, and telephone number of the 10 PERSON who has each DOCUMENT. 11 12

INTERROGATORY NO. 15: IDENTIFY ANY PERSONS having knowledge of ANY fact YOU allege in

13 YOUR complaint, and state the substance of each such PERSON'S knowledge. 14 INTERROGATORY NO. 16: 15

IDENTIFY each Ralphs Grocery Company location at which YOU encountered

16 barriers to equal access, including identification of all parties in attendance, dates, and 17 documentation (including, but not limited to, ANY notes, photos, or receipts) evidencing 18 the encounter. 19 INTERROGATORY NO. 17: 20 21

IDENTIFY each and every date YOU visited, used, or inspected the PREMISES, including identification of all parties in attendance, dates, and documentation (including,

22 but not limited to, ANY notes, photos, or receipts) evidencing the visit and/or inspection. 23 INTERROGATORY NO. 18: 24

IDENTIFY ANY future plans YOU have to visit the PREMISES including ANY

25 evidence supporting such intention. 26 INTERROGATORY NO. 19: 27 28 action. 5 FIRST SET OF INTERROGATORIES Case No. 07 CV-2301 JLS FOR

IDENTIFY by address all Ralphs Grocery Company locations included in this

Exhibit

a

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

Document 31-2

Filed 07/03/2008

Page 23 of 41

INTERROGATORY NO. 20:
2

State all facts upon which YOU base YOUR contention that Ralphs Grocery

3 Company violated DISABILITY ACCESS LAWS. 4 INTERROGATORY NO. 21: 5

IDENTIFY ANY PERSON with knowledge of the facts that support YOUR

6 contention that Ralphs Grocery Company violated DISABILITY ACCESS LAWS, 7 INTERROGATORY NO. 22: 8

IDENTIFY all DOCUMENTS that support YOUR contention that Ralphs Grocery

9 Company violated DISABILITY ACCESS LAWS, 10 INTERROGATORY NO. 23: 11

IDENTIFY each PERSON YOU intend to call as a witness at ANY hearing or

12 trial, either to testify as to affirmative evidence, in rebuttal to ANY claims or denials 13 made by Ralphs Grocery Company, or for cross examination or impeachment purposes. 14 15 DATED: May 5, 2008 16 17 18 19 20 21 22 23 24 25 26 27 28 6 FIRST SET OF INTERROGATORIES Case No. 07 CV-2301 JLS POR

GREENBERG TRAURIG, LLP

By /s/ Gregory F. Hurley Michael Chilleen Attorneys for Defendant Ralphs Grocery Company, DBA Food 4 Less # 780

Exhibit \

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

Document 31-2

Filed 07/03/2008

Page 24 of 41

1

PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF ORANGE

1 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 6 7 8

On the below date, I served the DEFENDANT RALPHS GROCERY COMPANY'S FIRST SET INTERROGATORIES TO PLAINTIFF A.J. OLIVER on the interested parties in this action by placing the true copy thereof, enclosed in a sealed envelope, postage prepaid, addressed as follows: Robert P. Lowell Lowell & Robbin 707 Broadway, Suite 1800 San Diego, CA 92101-5314 Telephone: (619) 236-1142 Fax: (61.9) 233-0700 Attorney for Defendant, Cypress Creek

Lynn Hubbard, III 9 Law Offices of Lynn Hubbard 12 Williamsburg Lane 10 Chico, CA 95926 Telephone: (530) 895-3252 11 Fax: (530) 894-8244
12 13 14 15 16 17 18 19

Attorney for Plaintiff A.J. Oliver



20 21 22 23 24 25 26 27 28

(BY MAIL) I am readily familiar with the business practice of my place of employment in respect to the collection and processing of correspondence, pleadings and notices for mailing with United States Postal Service, The foregoing sealed envelope was placed for collection and mailing this date consistent with the ordinary business practice of my place of employment, so that it will be picked up this date with postage thereon fully prepaid at Irvine, California, in the ordinary course of such business. (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 March 5, 2008, at Irvine, California. /s/ Michael Chilleen

7 PROOF OF SERVICE; Case No. 07 CV-2301 JLS ('OR

Exhibit \

Pa e

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

Document 31-2

Filed 07/03/2008

Page 25 of 41

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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.

CASE NO. 07 CV 2301 JLS POR

RALPH'S GROCERY COMPANY dba FOOD 4 LESS #780; CYPRESS CREEK CO., LP dba PTC INVESTMENTS COMPANY, Defendants.

DEFENDANT RALPHS GROCERY COMPANY'S NOTICE OF DEPOSITION OF PLAINTIFF A.J. OLIVER DATE: June 25, 2008 TIME: 10:00 a.m. LOCATION: 3161 Michelson Drive, Suite 1000, Irvine, CA 92612

NOTICE OF DEPOSITION OF PLAINTIFF

Case No. 07 CV-2301 .11_,S FOR

Exhibit

Page

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

Document 31-2

Filed 07/03/2008

Page 26 of 41

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2

Pursuant to Federal Rules of Civil Procedure Rule 30(b), Defendant RALPHS

3 GROCERY COMPANY hereby gives notice that it will take the deposition upon oral 4 examination of Plaintiff A.J. OLIVER whose address is within Plaintiff's and Plaintiff's 5 counsel's knowledge, on June 25, 2008 at 10:00 a.m. before an officer authorized to 6 administer oaths at 3161 Michelson Drive, Suite 1000, Irvine, California 92612. 7

The deposition testimony shall be recorded by stenographic means and preserved

8 by written transcript and shall be taken for the purposes of discovery, for use at trial and 9 for such other purposes permitted by the Federal Rules of Civil Procedure, other statutes 10 or rules, or rules of this Court. The deposition shall continue from day to day until 11 completed. 12 13 DATED: May 5, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

GREENBERG TRAURIG, LLP

By /s/ Gregory F. Hurley Michael Chilleen Attorneys for Defendant Ralphs Grocery Company, DBA Food 4 Less # 780

1
NOTICE OF DEPOSITION OF PLAINTIFF Case No. 07 CV-2301 .11.,S POR

Exhibit V) Page

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

Document 31-2

Filed 07/03/2008

Page 27 of 41

1

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 the DEFENDANT RALPHS GROCERY 6 COMPANY'S NOTICE OF DEPOSITION OF PLAINTIFF A.J. OLIVER on the interested parties in this action by placing the true copy thereof, enclosed in a sealed 7 envelope, postage prepaid, addressed as follows:
8

Lynn Hubbard, III
9 Law Offices of Lynn Hubbard 10

12 Williamsburg Lane Chico, CA 95926 Telephone: (530) 895-3252 11 Fax: (530) 894-8244
12 13 14

Robert P. Lowell Lowell & Robbin 707 Broadway, Suite 1800 San Diego, CA 92101-5314 Telephone: (619) 236-1142 Fax: (619) 233-0700

Attorney for Plaintiff Al Oliver

Attorney for Defendant, Cypress' Creek

(BY MAIL) 15 I am readily familiar with the business practice of my place of employment in respect to the collection and processing of correspondence, pleadings and notices 16 for mailing with United States Postal Service, The foregoing sealed envelope was placed for collection and mailing this date consistent with the ordinary business 17 practice of my place of employment, so that it will be picked up this date with 18 postage thereon fully prepaid at Irvine, California, in the ordinary course of such business. 19 M (FEDERAL) 20 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 21 direction the service was made. 22 Executed on May 5, 2008, at Irvine, California.
23 24 25 26 27 28 2 PROOF OF SERVICE Case No. 07 CV-2301 .11.-S POR

x

/s/ Michael Chilleen

Exhibit A L) Page

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

Document 31-2

Filed 07/03/2008

Page 28 of 41

Exhibit "C"
Exhibit Page 2-<')

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

Document 31-2

Filed 07/03/2008

Page 29 of 41

Greenberg Traurig
Michael Chilleen Tei, 949.732.6609 Fax 949.732.6501 [email protected]

May 16, 2008
VIA FACSIMILE AND MAW

Lynn Hubbard, III, Esq. Disabled Advocacy Group 12 Williamsburg Lane Chico, CA 95926 Re: Oliver v. Ralph's Grocery Company, et al., Case No. 07 CV 2301 JI.,S POR

Dear Mr. I . Itibbarcl: I write regarding plaintiff's (1) FRCP 26(a) disclosures and (2) objection to Ralphs' discovery as premature. First, plaintiffs disclosures are inadequate. FRCP 26(a)(1)(A) requires that plaintiff disclose witnesses likely to have discoverable information, and their address and phone number if known, documents that may be used to support his claims, and a computation of each category of damages and the documents on which each computation is based. With respect to witnesses, the disclosures fail to identify plaintiff, his address, and his telephone number. With respect to documents, the disclosures do not identify any survey of' the subject store. During our onsite inspection, you indicated that plaintiff had gone to the store and noted several alleged ADA violations, and that measurements of certain features had been done. Presumably, notes, a survey, or other documents reflect this investigation and must he

disclosed.
With respect to damages, the disclosures do not contain any statement of damages or explain how such damages were calculated. In particular, plaintiff never specifies the amount of damages he seeks in plain violation of FRCP 26(a). Furthermore, plaintiff fails to supply the basis for any damages calculations -- i.e. the specific features that denied him access and the number of his visits to the store. Under FRCP 65(d), plaintiff must disclose the specific injunctive relief requested. See FRCP 65(d) (plaintiff must "describe in reasonable detail -- and not by referring to the complaint or other document -- the act or acts...required.") Likewise, plaintiff must disclose all alleged ADA barriers whose removal plaintiff contends is "readily achievable." See Colorado Cross Disability Coalition v. Ilermcmson Family Limited Partnership, 264 F.3d 999 (10th Cir. 2001); Minnick v. Kaiser P'oundation health Plan, Inc., 2,006 U.S. Dist. I,EXIS 57173 (N.D. Cal., July 31, 2006).
DC 286,261,009v1 5/16/2008
i";:fer· rie::i.., Ihiniti5':,,1..1.1. '
11(''

.':witr.10:..);)

let q4c.;..7?..E./;;)r...1 I Fa ')-197i?6i;(2; I

I

Exhibit cL, gage

-2

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

Document 31-2

Filed 07/03/2008

Page 30 of 41

Lynn Hubbard, Ill, May 16, 2008 Page 2

Ralphs requests that plaintiff amend his disclosures to meet the requirements of FRCP 26(a), as described above, by the end of next week. Second, I want to ascertain whether plaintiff is still objecting to Ralphs' discovery as premature. We previously met and conferred on this issue on the phone, but it was unclear whether you were withdrawing your objections. As I already explained, there is a hold on discovery only until the parties have conferred as required under FRCP 26(i). Your position has been that this meeting took place on April 25, 2008 by exchange of written correspondence. Subsequently, I requested that we meet in person or at least telephonically to satisfy our FRCP 26(f) obligations. While still maintaining that we had already held our FRCP 26(t) conference on April 25, you agreed, and we held a meeting on May 2, 2008. On May, 5, 2008, Ralphs propounded its discovery. Since Ralphs' discovery was propounded after the FRCP 26(I) conference, it is timely. Under these circumstances, your position that Ralphs' discovery is premature lacks merit. I request to hold a "meet and confer" telephonic meeting on these issues by the end of next week. I am available any time, except from noon to 1 p.m. on May 22. Please let me know your availability.

Very Truly Yours,

Michael Chilleen

MC:mar cc: Robert Lowell

OC 286,261,009v1 5/16/2008

Exhibit L Page cf\

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

Document 31-2

Filed 07/03/2008

Page 31 of 41

Exhibit "D"
Exhibit T Page 7-),_

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

Document 31-2

Filed 07/03/2008

Page 32 of 41

Greenberg Traurig
Michael Chilleen Tel. 949.732.6609 Fax 949.732.6501 chilleenm@gtlaw corn

May 23, 2008 VIA FACSIMILE AND MAIL Lynn Hubbard, HI, Esq. Disabled Advocacy Group 12 Williamsburg Lane Chico, CA 95926 Re; Oliver V. Ralph's Grocery Company, el aL, Case No. 07 CV 2301 ,ILS POR

Dear Mr. Hubbard: I write regarding your failure to meet and confer regarding plaintiff's FRCP 26(a) disclosures or to clarify whether you are still objecting to Ralphs' discovery as premature. I have sent you several letters regarding these issues which you have not responded to. This case cannot move forward given your refusal to respond to even basic discovery or even to confirm your position. Please be aware that if I do not hear from you by May 28, 2008 that I will reserve a discovery conference date, and notify Magistrate Porter that you refuse to discuss these issues as required by her standing order.

Very Truly Yours,
f r

Michael Chillee' n

MC;mar cc: Robert Lowell

1



'ifg '.:() I

IrvIn

1 -3%.6SOf

1

Exhibit

Page 3

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

Document 31-2

Filed 07/03/2008

Page 33 of 41

Exhibit "E"
Exhibit= Page3



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

Document 31-2

Filed 07/03/2008

Page 34 of 41

LAW OFFICES OF LYNN HUBBARD
12 Williamsburg Lane Chico, California 95926
Lynn Hubbard, III, Esq. Sconlynn .1 Hubbard, IV, Esq. June 4, 2048
Via Facsimile Transmission OnIV

Telephone (530) 8954252 Facsimile (530) 8941244

(949) 732-6501

Michael Chilleen, Esq.

GREENBERG TRAURIG, UP
3161 Michelson Drive Suite 1000 Irvine, CA 92612 Re:

Oliver v. Ralphs Grocery Company,
Case No. 07cv2301 JLS (FOR)
.

a al.

Greetings:

This will confirm that plaintiffs discovery lesponses due on Monday, June 9, 2008 is now due on Monday, June 16, 2008 not June 19, 2008 as stated earlier. I appreciate your cooperation in this matter.

Kindest regards, LAW OFFICES OF LYNN HUBBARD

LYNN HUBBARD, HI

LH/1mA

\cue.rizADA · SoutheaaOlavta v. Food 4 Less (CID 1237}1ainicdcon6 ympiacovcryitcapatodAdoe

Exhibit
2'd 10g922L6176T:01

I

T

Page 33

1A728b6802g06H881-1H NNA1:NOeH OT:iT am2-f7o-Nnr

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

Document 31-2

Filed 07/03/2008

Page 35 of 41

Exhibit "F"
Exhibit V- Page 3'1

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

Document 31-2

Filed 07/03/2008

Page 36 of 41

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

A.J. OLIVER, Plaintiff, vs. ) )

',CERTIFIED COPY
No. 07CV2301JLS (POR)

RALPHS GROCERY COMPANY DBA ) foord for less #780; CYPRESS CREEK CO., LP dba ) PTC INVESTMENTS COMPANY, ) Defendants. )

AFFIDAVIT OF REPORTER RE NONAPPEARANCE OF WITNESS Irvine, California Wednesday, June 25, 2008

Reported by: KARLA DOMINGUEZ CSR No. 13244 JOB No. 2023Z

Exhibit

Pcige 7:25
7.....M121511530ft

COURT REPORTERS, INC.
501 N. Golden Ciicle, Suite 106 Santo Ana, California 92705 Experience is not expensive ... it's priceless! Tel: 714-972. 230D · Toil Free: 877.472-2309 · Fox: 714·972- 616
ErnAdepaselarmilcouomporiers_c=

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

Document 31-2

Filed 07/03/2008

Page 37 of 41
Date Taken: 6/25/2008

A.J. Oliver vs. Ralph's Grocery Company Witness:A.J. Oliver

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

APPEARANCES:

For Defendants: GREENBERG TRAURIG BY: MICHAEL J. CHILLEEN Attorney at Law 3161 Michelson Drive, Suite 1000 Irvine, California 92612 (949) 732-6500 [email protected]

Exhibit C: Page
M&M Court Reporters, Inc. 877-472-2300

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

Document 31-2

Filed 07/03/2008

Page 38 of 41
Date Taken: 6/25/2008

A.J. Oliver vs. Ralph's Grocery Company Witness:A.J, Oliver

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

I, KARLA DOMINGUEZ, a Certified Shorthand Reporter of the State of California, CSR No. 13244, do hereby declare as follows: That on June 25, 2008, at 10:00 a.m., I appeared at 3161 Michelson Drive, Suite 1000, Irvine, California, for the purpose of reporting the deposition of A.J. OLIVER; that I was present at said premises until 10:30 a.m. and at no time did A.J. OLIVER appear for the deposition. I declare under penalty of perjury that the foregoing is true and correct. Signed on June 25, 2008, at Santa Ana, California.

4

17
k ·

DOMJ NGUE

18 19 20 21 22 23 24 25

CSR No. 13244

Exhibit

Page 7-2<)
877-472-2300

M&M Court Reporters, Inc.

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

Document 31-2

Filed 07/03/2008

Page 39 of 41

Exhibit "G"
Exhibit Page s

Case 3:07-cv-02301-JLS-POR M & M Court Reporters, inc.
· ·· Experience is not expensive it's priceless! 501 North Golden Circle Suite 106 Santa Ana, CA 92705 Phone: (714) 972-2300

Document 31-2

Filed 07/03/2008

Page 40 of 41 invoice

Thursday, June 26, 2008
Fax: (714) 972 - 1616

12408R

Michael J. Chilleen Greenberg Traurig 3161 Michelson Drive Suite 1000 Irvine, CA 92612 (949) 732-6500 Oliver, A.J. Oliver vs. Ralps Grocery Company

Phone:

Fax:

Witness:
Case:

Venue: Case #: 07CV2301JLS (POR) Date: 6/25/2008 10:00 AM Start Time: End Time: 10:30 AM Reporter: Karla (DD) Dominguez Claim #:
File #: 2023Z
toranl=Mai:M=XiMigiiiM=NZMN).4 MOMM:=MT-a-M=Wr.a),...o.e.w..4,1aiaTAIIIMMININIBP­ RilM a tszlea

Affidavit of Non-Appearance Shipping & Handling

Sub Total Payments Balance Due

$253.00 $0.00 $253.00

Ped.l.D. # 16-1651164

Terms: Due Upon Receipt

Exhibl

Page ?)c-"\

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

Document 31-2

Filed 07/03/2008

Page 41 of 41

I

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 IN SUPPORT OF DEFENDANT RALPHS GROCERY COMPANY'S MOTION 6 FOR SANCTIONS UNDER RULE 37(d) with the Clerk of the United States District 7 Court 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 8 counsel of 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

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.



19 20 21 22 23 24 25 26 27 28

(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

PROOF OF SERVICE
OC 286,276,545v1 7-3-08

Case No. 07 CV-2301 MS POR