Free Declaration in Support - District Court of California - California

Case 3:08-cv-00963-EMC

Document 5

Filed 05/01/2008

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H OPKINS & C ARLEY
ATTORNEYS AT L AW SAN JOSE

Eugene Ashley, Bar No. 171885 [email protected] Noelle R. Dunn, Bar No. 226913 [email protected] HOPKINS & CARLEY A Law Corporation The Letitia Building 70 S First Street San Jose, CA 95113-2406 mailing address: P.O. Box 1469 San Jose, CA 95109-1469 Telephone: (408) 286-9800 Facsimile: (408) 998-4790 Attorneys for Plaintiff POWERSPEAKING, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

POWERSPEAKING, INC., a California Corporation, Plaintiff, v. PATRICIA SMITH-PIERCE, an individual, POWER SPEAKING CONSULTANTS, an unknown entity, and DOES 1 through 20, inclusive, Defendant. I, Noelle Dunn, declare: 1.

CASE NO. C-08-00963 EMC DECLARATION OF NOELLE DUNN IN SUPPORT OF PLAINTIFF POWERSPEAKING, INC.'S REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

I am an attorney at law, duly licensed to practice before all courts of the State of

California, and am an associate with the law firm of Hopkins & Carley, a Law Corporation, counsel of record for Plaintiff PowerSpeaking, Inc. (hereinafter "PowerSpeaking"), plaintiff in the above-entitled action. I make this declaration in support of PowerSpeaking's Request to Continue the Initial Case Management Conference. The facts set forth herein are true, based

634\584690.1

DECLARATION OF NOELLE DUNN IN SUPPORT OF REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE C-08-00963 EMC

Case 3:08-cv-00963-EMC

Document 5

Filed 05/01/2008

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H OPKINS & C ARLEY
ATTORNEYS AT L AW SAN JOSE

upon my own knowledge, and if called upon to testify as a witness in this matter, I could and would testify competently thereto. 2. 3. The complaint in this matter was filed on or about February 14, 2008. Service of the summons and complaint was postponed for several weeks while my

office invited defendant Patria Smith-Pierce and defendant Power Speaking Consultants ("Defendants") to enter into discussions aimed at finding a mutually acceptable resolution. 4. Through their attorney, William Niro, Defendants refused to enter into discussions

without a complete dismissal of the complaint. 5. When it became clear that the parties were not moving towards an amicable

resolution, PowerSpeaking proceeded with service of the complaint and summons. 6. My office has not yet received confirmation that service has been completed, but I

except that it will be completed within the next few days. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on this 1st day of May, 2008 at San Jose, California. /s/ Noelle Dunn

634\584690.1

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DECLARATION OF NOELLE DUNN IN SUPPORT OF REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE C-08-00963 EMC