Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02226-DMS-AJB

Document 5-3

Filed 11/30/2007

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1 MARIA C. ROBERTS, State Bar No. 137907 RONALD R. GIUSSO, State Bar No. 184483 2 SHEA STOKES, A LAW CORPORATION 510 MARKET STREET, THIRD FLOOR 3 SAN DIEGO, CALIFORNIA 92101-7025 TELEPHONE: (619) 232-4261 4 FACSIMILE: (619) 232-4840 5 Attorneys for Specially Appearing Defendant HARRAH'S ENTERTAINMENT, INC. 6 7 8 9 10 11 JAMES M. KINDER, 12 13 vs. 14 HARRAH'S ENTERTAINMENT, INC. and DOES 1 through 100, inclusive, 15 Defendants. 16 17 18 19 20 21 22 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /
S0078345.DOC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CASE NO. 07 CV 2226 H (RBB) Judge: Mag. Judge: Hon. Marilyn L. Huff Hon. Ruben B. Brooks

Plaintiff,

DECLARATION OF MARIA C. ROBERTS IN SUPPORT OF SPECIALLY APPEARING DEFENDANT'S MOTION TO DISMISS PURSUANT TO F.R.CIV.P. RULE 12(b)(2), (6) ACCOMPANYING DOCUMENTS: NOTICE OF MOTION AND MOTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. KOSTRINSKY; NOTICE OF LODGMENT OF EXHIBITS; [PROPOSED] ORDER Date: Time: Courtroom: January 7, 2008 10:30 a.m. 13

CASE NO. 07 CV 2226 H (RBB)

Case 3:07-cv-02226-DMS-AJB

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Filed 11/30/2007

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I, Maria C. Roberts, declare as follows:

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I am an attorney duly admitted to practice before this Court. I am an attorney with

4 Shea Stokes, ALC, attorneys of record for Specially Appearing Defendant Harrah's Entertainment, 5 Inc. If called as a witness, I could and would competently testify to all facts within my personal 6 knowledge except where stated upon information and belief. 7 8 2. This declaration is submitted in support of Specially Appearing Defendant's Motion

9 to Dismiss Pursuant to F.R.CIV.P. Rule 12(b)(2), (6). 10 11 3. On November 21, 2007, Specially Appearing Defendant effected a timely and

12 proper removal of the action to the United States District Court for the Southern District of 13 California. 14 15 4. Attached to the Notice of Lodgment of Exhibits at Exhibit 1 is a true and correct

16 copy of the Summons and Complaint for Damages, including Punitive Damages, Interest and 17 Attorney's Fees, and for Injunctive Relief, filed by Plaintiff James M. Kinder on October 2, 2007. 18 19 5. Attached to the Notice of Lodgment of Exhibits as Exhibit 2 is a true and correct

20 copy of the Vexatious Litigant List prepared and maintained by the Administrative Office of the 21 Court, dated September 28, 2007. 22 23 6. Attached to the Notice of Lodgment of Exhibits as Exhibit 3 is a true and correct

24 copy of the Declaration of James M. Kinder in Support of Filing by Vexatious Litigant, dated May 25 9, 2007. 26 / / / 27 / / / 28 / / /
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CASE NO. 07 CV 2226 H (RBB)

Case 3:07-cv-02226-DMS-AJB

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Filed 11/30/2007

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7.

Attached to the Notice of Lodgment of Exhibits as Exhibit 4 is a true and correct

2 copy of the docket for San Diego County Superior Court Case No. 37-2007-00076114-CU-MC3 CTL. 4 5 I declare under penalty of perjury that the foregoing is true and correct, and that this

6 declaration was executed by me on November 30, 2007 at San Diego, California. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
S0078345.DOC

/s/Maria C. Roberts Maria C. Roberts

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CASE NO. 07 CV 2226 H (RBB)