Free Declaration in Support - District Court of California - California

Case 3:07-cv-05110-WHA

Document 14

Filed 11/20/2007

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Elwood Lui (SBN 45538) [email protected] Thomas A. Rector (SBN 199175) [email protected] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Hugh Whiting [email protected] (pro hac vice application to be filed) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 Thomas E. Fennell [email protected] (pro hac vice application to be filed) Michael L. Rice [email protected] (pro hac vice application to be filed) JONES DAY 2727 N. Harwood St. Dallas, TX 75201 Telephone: (214) 220-3939 Facsimile: (214) 969-5100 Attorneys for Defendants MATTEL, INC. AND FISHER-PRICE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION AMY HARRINGTON, on behalf of herself and all others similarly situated, Plaintiff, v. MATTEL, INC. a Delaware Corp., and FISHER-PRICE INC. a Delaware Corp., and DOES 1 through 100, inclusive, Defendants. DECLARATION OF MATTHEW A. MEYERS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND Date: December 11, 2007 Time: 9:30 a.m. Dept.: Courtroom 11
DECLARATION OF MATTHEW A. MEYERS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND HUI-91247v1

Case No. 07-05110 (MJJ)

Case No. 07-5110 (MJJ)

Case 3:07-cv-05110-WHA

Document 14

Filed 11/20/2007

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Matthew A. Meyers, declare as follows: 1. I am an attorney licensed to practice law in the State of Pennsylvania, admitted to the bar of the Western District of Pennsylvania, and one of the attorneys for the Defendants in this Action. 2. In August 2007, I contacted six different blood testing facilities in California from

a list of blood testing facilities approved by OSHA to conduct Blood Lead Level ("BLL") Tests. 3. I obtained from each of these six blood testing facilities the cost information for

individual BLL Tests. 4. Based upon the information provided to me by the six blood testing facilities in

California, the average cost of a single BLL test is in excess of $ 60 per BLL test. I declare under penalty of perjury that the foregoing is true and correct. If called as a witness herein, I could and would testify competently to the facts stated above. Executed this 20th day of November, 2007 in Pittsburgh, Pennsylvania.

By: ______________________ Matthew A. Meyers Attorney for Defendants Mattel, Inc. and Fisher-Price, Inc.

-2HUI-91247v1

DECLARATION OF MATTHEW A. MEYERS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND

Case No. 07-5110 (MJJ)

Case 3:07-cv-05110-WHA

Document 14

Filed 11/20/2007

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE (FOR NON-EFILERS) Amy Harrington, on behalf of herself and all others similarly situated v. Mattel, Inc., a Delaware Corp. and Fisher-Price Inc. a Delaware Corp. and Does 1-100, I, Margaret Landsborough, declare: I am a citizen of the United States and employed in San Francisco, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 555 California Street, 26th Floor, San Francisco, CA 94104. On November 20, 2007, I caused to be served a copy of the within document(s): DECLARATION OF MATTHEW A. MEYERS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND. by transmitting a true copy of the document(s) listed above via facsimile to the addresses and at the facsimile number(s) set forth below. by placing a true copy of the document(s) listed above in sealed envelope(s) for deposit with the U.S. Postal Service to the addresses set forth below. I am readily familiar with the Firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. by placing a true copy of the document(s) listed above in a sealed Federal Express envelope, and affixing a pre-paid air bill, and causing said envelope to be delivered to a Federal Express agent for delivery to the persons at the addresses set forth below. Steven M. Nunez Law Offices of Steven Nunez 3333 Camino Del Rio Suite 215 San Diego, CA 92108 Telephone: (619) 296-8400 Facsimile: (619) 296-3700 Attorneys for Plaintiff

-3HUI-91247v1

DECLARATION OF MATTHEW A. MEYERS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND

Case No. 07-5110 (MJJ)

Case 3:07-cv-05110-WHA

Document 14

Filed 11/20/2007

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on November 20, 2007, at San Francisco, California.

Margaret Landsborough

-4HUI-91247v1

DECLARATION OF MATTHEW A. MEYERS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND

Case No. 07-5110 (MJJ)