Free Declaration in Support - District Court of California - California

Case 5:07-cv-05022-PVT

Document 11

Filed 11/15/2007

Page 1 of 3

1 2 3 4 5 6 7

SCOTT N. SCHOOLS (SC 9990) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELISSA K. BROWN (CSBN 203307) Assistant United States Attorney [email protected] 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6962 FAX: (415) 436-6748 Attorneys for Defendants

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 JAGUAR ASSOCIATES GROUP, 12 Plaintiff, 13 v. 14 UNITED STATES POSTAL SERVICE, 15 Defendants. 16 17 18 I, Melissa K. Brown declare as follows: 19 1. I am an Assistant United States Attorney with the United States Attorneys Office for 20 the Northern District of California, Civil Division. I represent the defendant in this action, the 21 United States Postal Service. I am licensed to practice law in the State of California. I have 22 personal knowledge of the facts set forth in this declaration and would be competent to testify to 23 them if called upon to do so. 24 2. On or about Tuesday, November 13, 2007, I contacted Mr. Richard France who 25 purports to be the representative for Plaintiff Jaguar Associates Group to determine whether Mr. 26 France was a licensed attorney. Mr. France was unavailable, so I left Mr. France a message. 27 3. On Wednesday, November 14, 2007 at approximately 9:20 a.m. Mr. France and I 28
DECLARATION OF MELISSA K. BROW N ISO DEFENDANT'S SUPP. REPLY ISO MOTION TO DISMISS C 07-5022 PVT

) ) ) ) ) ) ) ) ) )

No. C 07-5022 PVT DECLARATION OF MELISSA K. BROWN IN SUPPORT OF DEFENDANT'S SUPPLEMENTAL REPLY BRIEF IN LIGHT OF NEWLY DISCOVERED FACTUAL INFORMATION Date: Time: Courtroom: November 20, 2007 10:00 a.m. 5

Case 5:07-cv-05022-PVT

Document 11

Filed 11/15/2007

Page 2 of 3

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

spoke on the telephone. During that telephone conversation, I asked Mr. France if he was a licensed attorney, Mr. France replied that he was not a licensed attorney. I also asked Mr. France if Jaguar Associates Group was a corporation he said that it was "car club." 4. I then directed Mr. France to LR 3-9(b), which requires corporations and other entities to be represented by a licensed attorney in court proceedings. I informed Mr. France that I would likely move to dismiss on this additional basis. 5. On Thursday, November 15, 2007, at approximately 9:20 a.m. I contacted Mr. France and asked if he intended to bring legal counsel to the hearing on Defendant's Motion to Dismiss. Mr. France informed me that he did not intend to bring legal counsel. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct and that this declaration was executed on November 15, 2007 in San Francisco, California.

Dated: November 15, 2007

Respectfully submitted, SCOTT N. SCHOOLS United States Attorney /S/ MELISSA K. BROWN Assistant U.S. Attorney Attorneys for Defendant

DECLARATION OF MELISSA K. BROW N ISO DEFENDANT'S SUPP. REPLY ISO MOTION TO DISMISS 2 C 07-5022 PVT

Case 5:07-cv-05022-PVT

Document 11

Filed 11/15/2007

Page 3 of 3

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 /

CERTIFICATE OF SERVICE The undersigned hereby certifies that she is an employee of the Office of the United States Attorney for the Northern District of California and is a person of such age and discretion to be competent to serve papers. The undersigned further certifies that she is causing a copy of the following: DECLARATION OF MELISSA K. BROWN IN SUPPORT OF DEFENDANT'S SUPPLEMENTAL REPLY BRIEF IN LIGHT OF NEWLY DISCOVERED FACTUAL INFORMATION Jaguar Associates Group v. United States Postal Service C 06-05022 PVT to be served this date upon each of the persons indicated below at the address shown: Richard H. France 22860 Old Santa Cruz Hwy Los Gatos, CA 95033 BY FIRST CLASS MAIL by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. BY PERSONAL SERVICE (BY MESSENGER): I caused such envelope to be delivered by hand to the person or offices of each addressee above. BY FACSIMILE (FAX): I caused each such document to be sent by facsimile to the person or offices of each addressee above. BY E-MAIL: I caused each such document to be sent by e-mail to the person or offices of each address above. BY FEDERAL EXPRESS I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed November 15, 2007 at San Francisco, California. /s/ KATHY TERRY Legal Assistant

DECLARATION OF MELISSA K. BROW N ISO DEFENDANT'S SUPP. REPLY ISO MOTION TO DISMISS 3 C 07-5022 PVT