Free Notice of need of ADR Phone Conference (ADR L.R. 3-5 d) - District Court of California - California

Case 4:07-cv-03885-CW

Document 18-2

Filed 11/05/2007

Page 1 of 6

1 EDMUND G. BROWN JR. Attorney General of the State of California 2 CHRISTOPHER E. KRUEGER Senior Assistant Attorney General 3 STEPHEN P. ACQUISTO Supervising Deputy Attorney General 4 JILL BOWERS, State Bar No. 186196 Deputy Attorney General 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916) 323-1948 Fax: (916) 324-5567 7 Email: [email protected] 8 Attorneys for Defendant Governor Arnold Schwarzenegger 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 14 15 16 17 18 19 1. I am a lawyer admitted to practice in the State of California. I am employed by v. CITY OF OAKLAND, et al., Defendants. JOHN PHILLIPS, Case No. C07-03885-CW Plaintiff, DECLARATION OF DEFENSE COUNSEL IN SUPPORT OF EX PARTE NOTICE OF NEED FOR ADR PHONE CONFERENCE

20 the California Department of Justice as a Deputy Attorney General, and am assigned to represent 21 Defendant Governor Arnold Schwarzenegger in the captioned case. 22 2. This declaration is based on my personal knowledge, except as to those matters

23 stated on information and belief, and as to those matters I believe them to be true, and would so 24 testify if called upon. The source of my information and belief is review of the record in this 25 case. 26 3. This Court's October 25, 2007, Notice Re: Noncompliance with Court Order

27 (Notice) directs the parties to meet and confer concerning alternative dispute resolution (ADR) 28 and to file "an ADR Certification and either 1) a Stipulation and [Proposed] Order Selecting

Case 4:07-cv-03885-CW

Document 18-2

Filed 11/05/2007

Page 2 of 6

1 ADR Process, or 2) a Notice of Need for ADR Phone Conference (Civil LR. 16-8(b), ADR L.R. 2 3-5(b)[,] Civil L.R. 16-8(c), ADR L.R. 3-5(c), (d)." Notice, 1:21-23. 3 4. The October 26, 2007, Clerk's Notice Taking Motions Under Submission vacated

4 the November 8, 2007, hearing on the pending Defendants' motions to dismiss and the case 5 management conference in this case. (A copy of the notice is attached as Exhibit A.) Two 6 additional defendants, United States officers, are named in the Complaint but, upon information 7 and belief, have yet to be served. In his Case Management Conference Statement, Defendant 8 will ask that the last day to meet and confer concerning ADR process selection be set 90 days 9 after entry of the order denying the dispositive motion last filed by any party attacking the 10 pleadings that is pending on the date the case management order is entered. 11 5. Therefore, Defendant asks for an ADR phone conference. Defendant's notice is

12 submitted ex parte because Plaintiff appears in this matter in propria persona. See Civ. L. R. 13 16-1(a). 14 15 I declare under penalty of perjury that the foregoing is true and correct. Executed November 5, 2007, in the City of Sacramento, County of Sacramento, State

16 of California. 17 18 19 20 21 22 23 24 25 26 27 28
Declaration re Ex Parte Notice of Need for ADR Phone Conference Phillips v. City of Oakland, et al., Case No C07-3885 CW
10390172.wpd

/s/ JILL BOWERS, DEPUTY ATTORNEY GENERAL DECLARANT COUNSEL FOR DEFENDANT SCHWARZENEGGER

SA2007102364

2

Case 4:07-cv-03885-CW

Document 18-2

Filed 11/05/2007

Page 3 of 6

Case 4:07-cv-03885-CW

Document 18-2

Filed 11/05/2007

Page 4 of 6

Case 4:07-cv-03885-CW

Document 18-2

Filed 11/05/2007

Page 5 of 6

Case 4:07-cv-03885-CW

Document 18-2

Filed 11/05/2007

Page 6 of 6

DECLARATION OF SERVICE BY U.S. MAIL Case Name: No.: Phillips v. City of Oakland, et al.

C07-03885-CW

I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On November 5, 2007, I served the attached NOTICE OF NEED FOR ADR PHONE CONFERENCE; DECLARATION OF DEFENSE COUNSEL IN SUPPORT OF EX PARTE NOTICE OF NEED FOR ADR PHONE CONFERENCE by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: John Richard Phillips 2337 Ransom Avenue Oakland, CA 94601-3827 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on November 5, 2007, at Sacramento, California.

Rachel Aldred Declarant
10393987.wpd

/s/ Signature