Free Response in Opposition to Motion - District Court of California - California

Case 3:07-cv-02192-BEN-WMC

Document 12-3

Filed 05/06/2008

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Howard Rubinstein (Fla. SBN: 104108) Attorney at Law 914 Waters Avenue, Suite 20 Aspen, Colorado 81611 Tel.: (832) 715-2788 E-mail: [email protected] (To apply as Counsel Pro Hac Vice) Harold M. Hewell (Cal. SBN: 171210) Hewell Law Firm, APC 402 W. Broadway, Fourth Floor San Diego, California 92101 Tel: (619) 235-6854 Fax: (619) 235-9122 E-mail: [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ADRIANNE SMITH, as an individual and on behalf of all others similarly situated, Plaintiff, vs. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : Civil Action No. 3:07-cv-02192-BEN-WMC Assigned to Hon. Roger T. Benitez DECLARATION OF HAROLD HEWELL RE FILING OF OPPOSITION TO DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OPPOSITION Date: May 19, 2008 Time: 10:30 a.m. Place: Courtroom 3

KRAFT FOODS GLOBAL, INC., a Delaware corporation, Defendant.

CLASS ACTION JURY TRIAL REQUESTED

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DECLARATION OF HAROLD HEWELL RE FILING OF OPPOSITION TO DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT, AND MEMORANDUM IN SUPPORT No. 3:07-cv-02192-BEN-WMC

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Case 3:07-cv-02192-BEN-WMC

Document 12-3

Filed 05/06/2008

Page 2 of 2

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I, Harold Hewell, hereby declare: 1. I am an attorney at law duly admitted to practice before this Court and all the courts of the State of California. I am one of the attorneys of record herein for Plaintiff in the aboveentitled action. The matters stated below are true as to my own knowledge, except as to those matters stated as to information and belief, and as to those matters, I believe them to be true. If called upon, I could competently testify to the matters herein. 2. I respectfully request that the Court accept and use this corrected "Opposition to Defendant's Motion to Dismiss the First Amended Complaint, and Memorandum of Points and Authorities in Support of Opposition ("Opposition")" in lieu of the original Opposition, which was filed in a timely manner on May 5, 2008, but lacked a Table of Authorities. 3. As I was completing the original Opposition for filing, I encountered formatting problems and was unable to include the Table of Authorities in that Opposition. 4. I am submitting for filing the corrected Opposition, with all tables included, approximately two hours after the timely filing of the original Opposition, and respectfully request that my delay with the Table of Authorities not prejudice my client. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed Tuesday, May 06, 2008, at San Diego, California.

/s/ Harold M. Hewell Harold M. Hewell

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DECLARATION OF HAROLD HEWELL RE FILING OF OPPOSITION TO DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT, AND MEMORANDUM IN SUPPORT No. 3:07-cv-02192-BEN-WMC

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