Free Declaration in Support - District Court of California - California

Case 4:08-cv-01241-CW

Document 33

Filed 06/06/2008

Page 1 of 2

1 HANSON BRIDGETT LLP
KIMON MANOLIUS - 154971
2 kmanolius~hansonbridgett.com

JULIA H. VEIT - 209207 .
3 jveit~hansonbridgett.com

DENA M. DUTHOY - 239900
4 dduthoy~hansonbridgett.com

425 Market Street, 26th Floor
5 San Francisco, CA 94105
Telephone: (415) 777-3200

6 Facsimile: (415) 541-9366
7 Attorneys for Defendant

PENINSULA CORRIDOR JOINT POWERS BOARD
8 9

UNITED STATES DISTRICT COURT

10
11

FOR THE NORTHERN DISTRICT OF CALIFORNIA

12 JEROME L GRIMES,
13 14
v.

No. CV 08-0162

Plaintiff,

DECLARATION OF DENA M. DUTHOY IN SUPPORT OF RESPONSE TO ORDER OF REFERRAL

15 ROBERT SCHREADER; CAL TRAIN,

16 Defendants.
17
18 I, DENA M. DUTHOY, declare as follows:

19

1.

I am duly licensed to practice law in the State of California. I am an

20 attorney with Hanson Bridgett LLP, attorneys of record for Defendant PENINSULA

21 CORRIDOR JOINT POWERS BOARD ("JPB") in this action. I make this Declaration in

22 support of JPB's Response to Order of Referral filed herewith. i have personal
23 knowledge of the facts stated herein, and if called upon, could and would competently

24 testify thereto. All ofthe matters stated herein are known to me personally unless
25 otherwise stated on information and belief and with regard to those responses stated
26 upon information and belief, I am informed and reasonably believe them to be true.
2.

27 28

On March 3, 2008, JPB removed the lawsuit now pending in this Court

entitled Jerome L. Grimes v. Robert Schreader; Caltrain, Case No. CV 08-1241 WDB
- 1 -

DECL. OF DENA M. DUTHOY ISO RESPONSE TO ORDER OF REFERRAL; CASE NO. CV 08-0162

1484835.1

Case 4:08-cv-01241-CW

Document 33

Filed 06/06/2008

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1 from San Mateo Superior Court.

2

3.

Shortly after the removal of Case No. CV 08-1241 WDB from San Mateo

3 Superior Court, this office discovered the case entitled Jerome L. Grimes v. Robert

4 Schreader; Caltrain, Case No. CV 08-0162 CW, filed January 11, 2008, in a docket

5 search of the Northern District of California's online files. i am informed and believe that
6 ,JBP has not been served in connection with, nor appeared in, Case No. CV 08-0162

7 CWo
8

4.

In accordance with ND Cal Civil LR. 7-11, i sent correspondence to

9 plaintiff requesting that he stipulate that Case No. CV 08-0162 CW and Case No. CV
10 08-1241 WDB are

related and that plaintiff join in JPB's Administrative Motion to

'11 Consider Whether Cases Should be Related. A true and correct copy of this
12 correspondence dated March 6, 2008 and sent by overnight mail, is attached hereto as

13 Exhibit A.
14
5.

Plaintiff responded to this request by phone and stated that he had no

15 objection to this motion and that he agreed that the cases are related.
16
6.

Prior to the filing of JPB's Administrative Motion to Consider Whether

17 Cases Should be Related, this office discovered that Case No. CV 08-162 CW had been

18 closed; and thus, JPB did not file its motion as it believed this related case was no longer
19 pending.
20 I declare under penalty of perjury under the

laws of the United States of America

21 that the foregoing is true and correct of my own personal knowledge, except those

22 matters stated on the basis of information and belief, and for those matters and on that

23 basis, i declare them to be true and correct.
24 Executed this 6th day of June, 2008 in San Francisco, California.
25 26 27 28

ÕÈNA M. D THOY ,
- 2DECL. OF DENA M. DUTHOY ISO RESPONSE TO ORDER OF REFERRAL; CASE NO. CV 08-0162
1484835.1

~M~

Case 4:08-cv-01241-CW

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EXHIBIT A

Case 4:08-cv-01241-CW
DENA M. DUTHOY ATTORNEY AT LAW DIRECT DIAL 415 9955865 REPLY TO SAN FRANCISCO

Document 33-2

Filed 06/06/2008

H 2 Page 2 of R n SO n

BRIDGHI

E-MAILdduthoy(§hansonbridgetl.com

in~H~~ ijl~~~~

March 6, 2008

~~~Hll

VIA OVERNIGHT MAIL
Mr. Jerome L. Grimes 263 Vemon Street San Francisco, CA 94132
Re: Jerome 1. Grimes v. Robert Schreader; Caltrain
Dear Mr. Grimes:

As you know, this

offce represents the Peninsula Corridor Joint Powers Board also known as

Caltrain ("JPB").

We believe that the following two cases pending in the United States District Court Northern
District of California are related:

1. Jerome 1. GrimeS v. Robert Schreader; Caltrain, Case No. CV 08-0162 CW, fied Januar 11,2008;
2. Jerome 1. Grimes v. Robert Schreader; Caltrain, Case No. CV 08-1241 WDB, removed from San Mateo Superior Court on March 3,2008.

Accordingly, we requestthat you stipulate that these cases are substantially related and request to Consider Whether Cases Should be Related join in JPB's Administrative Motion that you pursuant to Northern District California Civil Local Rule J-12(b).

Please respond to this request by 5:00 p.m. on Tuesday, March 11, 2008. You can reach me at you do not respond by that time, we will (415)995-5865 or Julie Veit at(4l5)995-5887. If proceed with the Administrative Motion to Consider Whether Cases Should be Related.

.~~.~
Thank you,
NORTH BAY
WOOD ISLAND
FACSIMILE 415.925.8409

DenaM. Duthoy . . . 0" )

cc: Kimon Manolius, Esq. Julia H. Veit, Esq.
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1429929.1