Free Declaration in Opposition - District Court of California - California

Case 4:07-cv-04706-CW

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J. Andrew Coombs (SBN 123881) [email protected] Annie S. Wang (SBN 243027) [email protected] J. Andrew Coombs, A Prof. Corp. 517 E. Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 Attorneys for Plaintiff Nike, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) Nike, Inc., Plaintiff, v. Felix Ose Osifo, an individual and d/b/a Osifo Hip Hop Clothing, et al. Defendants. ) ) ) ) ) ) ) ) ) Case No. C 07-04706 CW (EDL) DECLARATION RE NONCOMPLIANCE WITH COURT ORDER REGARDING JOINT REPORT

DECLARATION OF ANNIE S. WANG 1. I am an attorney at law, duly admitted to practice before the Courts of the State of

California and the United States District Court for the Northern District of California. I am an attorney of record for Plaintiff Nike, Inc. ("Plaintiff"). Except as otherwise expressly stated to the contrary, I have personal knowledge of the following facts and, if called as a witness, I could and would competently testify as follows. 2. On or about February 11, 2008, I received a copy of the Court's Order Granting the

Parties' Request to Continue the Default Judgment Hearing among other things ("Court's Order"). The Court's Order required the Parties to file a joint report regarding the status of the default judgment motion no later than March 4, 2008. I am informed and believe that notice of the Court's Order was served on Defendant Felix Ose Osifo, an individual and d/b/a Osifo Hip Hop Clothing ("Defendant") on or about February 11, 2008, a true and correct copy of which is attached hereto as Exhibit A.

Nike v. Osifo: Declaration re Joint Report

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3.

Beginning on or about January 8, 2008, the Parties discussed resolution of this

matter and the pending default judgment motion. On or about February 14, 2008, it became
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apparent that the Parties would be unable to resolve this matter despite having exchanged
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settlement documents on or about February 4, 2008.
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4.
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On or about February 15, 2008, I sent to Defendant's email address a draft of the

joint report pursuant to the Court's Order, a copy of which is attached hereto as Exhibit B. I had used this method of communication with Defendant successfully in the past.
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5.
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On or about February 20, 2008, I spoke with Defendant by telephone and he

indicated that he would need me to mail him the joint report. On or about this date I mailed to Defendant the joint report, a true and correct copy of this correspondence is attached hereto as
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Exhibit C.
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6.
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As of the filing of this declaration, I have received no further contact from

Defendant and have not received any comments or executed signature pages regarding the joint report despite numerous follow up attempts by email and telephone.
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I declare under penalty of perjury that the foregoing is true and correct under the laws of the
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United States of America.
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Nike v. Osifo: Declaration re Joint Report

Executed the 4th day of March, 2008, at Glendale, California. ______/s/ Annie S. Wang_______________ ANNIE S. WANG

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EXHIBIT A

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Exhibit A Page 4

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Exhibit A Page 5

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EXHIBIT B

Page 1 of 1 Case 4:07-cv-04706-CW Annie Wang
From: Sent: To: Subject: Annie S. Wang [[email protected]] Friday, February 15, 2008 10:27 AM '[email protected]' Nike v. Osifo

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Attachments: 2008-02-15 Joint Status Report re Default Hearing.doc Felix, Pursuant to the Court's order we have to file a joint report. Please review the attached and print it out, sign it, and send it back to me via fax and mail if there are no changes. Thanks, Annie

Annie S. Wang
Law Offices of J. Andrew Coombs, A P.C. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 Email: [email protected]
This message contains information that is privileged, confidential and exempt from disclosure under applicable law. The information is intended to be for the use of the individual or entity to which it is addressed. If you are not the intended recipient, or an employee of the recipient, be aware that any disclosure, copying, distribution or use of the contents of this communication is strictly prohibited. If you have received this electronic message in error, please notify us by calling (818) 500-3200 or by email at [email protected] immediately and delete or destroy all copies of this transmission.

3/3/2008

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J. Andrew Coombs (SBN 123881) [email protected] Annie S. Wang (SBN 243027) [email protected] J. Andrew Coombs, A P. C. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 Attorneys for Plaintiff Nike, Inc. Felix Ose Osifo d/b/a Osifo Hip Hop Clothing 324 E. Santa Clara St. San Jose, California 95113 Defendant, in pro se UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ OAKLAND DIVISION Nike, Inc., Plaintiff, v. Felix Ose Osifo, an individual and d/b/a Osifo Hip Hop Clothing, et al. Defendants. ) ) ) ) ) ) ) ) ) ) Case No. C 07-04706 CW (EDL) JOINT STATUS REPORT RE MOTION FOR DEFAULT Court: Hon. Elizabeth D. Laporte Date: March 11, 2008 Time: 10:00 a.m.

Plaintiff Nike, Inc. ("Nike" or "Plaintiff") by and through its counsel of record and Defendant Feliz Ose Osifo, an individual and d/b/a Osifo Hip Hop Clothing ("Defendant"), in pro se, hereby submit the following Joint Report re Motion for Default as required by the Court's order of February 11, 2008. /// /// /// /// ///

Nike v. Osifo, et al.: Joint Status Report Re Motion for Default

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The Parties have been unable to conclude settlement as expected and the Court should proceed with the litigation.

DATED:

, 2008

J. Andrew Coombs, A Professional Corp. __________________________________ J. Andrew Coombs Annie Wang Attorneys for Plaintiff Nike, Inc.

DATED: ____________, 2008

Defendant Feliz Ose Osifo, an individual and d/b/a Osifo Hip Hop Clothing _____________________________________ Feliz Ose Osifo Defendant, in pro se

Nike v. Osifo, et al.: Joint Status Report re Motion for Default

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EXHIBIT C

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PROOF OF SERVICE I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, and not a party to the above-entitled cause. I am employed by a member of the Bar of the United States District Court of California. My business address is 517 E. Wilson Ave., Suite 202, Glendale, California 91206. On March 4, 2008, I served on the interested parties in this action with the following: · DECLARATION RE NONCOMPLIANCE WITH COURT ORDER REGARDING JOINT REPORT

for the following civil action: Nike, Inc. v. Felix Ose Osifo, et al. by placing a true copy thereof in an envelope to be immediately sealed thereafter. I am readily familiar with the office's practice of collecting and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on the same day with postage thereon fully prepaid at Glendale, California in the ordinary course of business. I am aware that on motion of the party served, service presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit.

Felix Ose Osifo d/b/a Osifo Hip Hop Clothing 324 E. Santa Clara St. San Jose, California 95113

Place of Mailing: Glendale, California Executed on March 4, 2008, at Glendale, California