Free Supplemental Document - District Court of California - California

Case 3:07-cv-02193-LAB-WMC

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Filed 05/01/2008

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Patrick N. Keegan, Esq. (SBN: 167698) Brent Jex, Esq. (SBN: 235261) KEEGAN & BAKER, LLP 4370 La Jolla Village Drive, Suite 640 San Diego, California 92122 Telephone: (858) 552-6750 Facsimile: (858) 552-6749 Attorneys for Representative Plaintiff RICHARD STANFORD UNITED STATES DISTRICT COURT

7 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 I, Patrick N. Keegan, declare as follows: 16 1. 17 California. I am a member of the law firm of Keegan & Baker, LLP, counsel for Plaintiff 18 Richard Stanford herein. I have personal knowledge of the following facts and if called 19 upon as a witness I could and would competently testify to the matters stated herein. 20 21 of Plaintiff Richard Stanford's supplemental memorandum of points and authorities in 22 opposition to Defendant Home Depot U.S.A., Inc.'s ("Home Depot") motion to dismiss. 23 2. 24 issued permit on Monday, November 19, 2007, neither I nor my firm nor Plaintiff Richard 25 Stanford ever received a copy of a permit for the installation of Plaintiff's hot water heater 26 installed in his residence. Instead, I was served with "Status Report", which purports that a 27 "Plumbing Permit" was issued on "09/13/2007", more than 105 days after the installation of 28
Supplemental Declaration of Patrick N. Keegan

RICHARD STANFORD, individually and ) Case No. 07-CV-2193 LAB (WMC) on behalf of all other persons similarly ) CLASS ACTION situated and on behalf of the general public, ) Assigned to: The Hon. Larry A. Burns ) Plaintiff, ) DECLARATION OF PATRICK N. ) KEEGAN IN SUPPORT OF vs. ) SUPPLEMENTAL OPPOSITION TO ) DEFENDANT'S MOTION TO HOME DEPOT U.S.A., INC., a Delaware ) DISMISS corporation; ) ) Date: March 17, 2008 Defendant. ) Time: 10:30 a.m. ___________________________________ ) Place: Courtroom 9

I am an attorney at law duly authorized to practice law in the State of

Pursuant to the Court's April 8 th and April 23 rd Orders, I submit this Declaration in support

Notwithstanding Mr. Cramer's promise to provide me with a copy of any

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Case 3:07-cv-02193-LAB-WMC

Document 27-2

Filed 05/01/2008

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Plaintiff's gas water heater in his residence, with Home Depot's instant motion papers on January 7, 2008. 3. On July 2, 2007, I sent by certified mail, return receipt requested copies of a

letter addresses to both Home Depot and the Home Depot store located at 4255 Genesee Avenue, San Diego, California (the "Store") in satisfaction of the requirements set forth in California Civil Code § 1782. Home Depot never responded in any way to my July 2, 2007 letter. The Store never responded in any way to my July 2, 2007 letter. 4. Prior to the Court's conversion of Home Depot's motion to dismiss, Plaintiff

needs leave and time to obtain documents solely in the possession of Home Depot and beyond the control of Plaintiff relevant to issues raised by Home Depot's motion. Specifically, Plaintiffs needs to be allowed to conduct the following types of discovery: (1) Depositions of witnesses employed by Home Depot and the City of San Diego pursuant to FRCP 30(b)(6); (2) Interrogatories; and (3) Document Production demands. In addition, Home Depot has the following documents and information its possession relevant to Plaintiff's claims which should produce prior to the Court's conversion of Home Depot's motion to dismiss: (1) All documents reflecting steps taken by Home Depot to obtain any required permits for the installation of water heaters during the Class Period; (2) Rates charged by Home depot for municipal water heater permits throughout California during the Class Period; (3) Home Depot's policies regarding water heater installation services and charges and/or municipal permit fees during the Class Period; (4) All iterations of the postings regarding Defendant's water heater installation advertisements and website pages during the Class Period; and (5) Names, address and telephone numbers of all persons who purchased water heater installation services from Home Depot during the Class Period. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct and this declaration is executed this 30 th day of April, 2008, in San Diego, California. /s/ Patrick N. Keegan Patrick N. Keegan, Esq.

Supplemental Declaration of Patrick N. Keegan

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