Free Declaration in Support - District Court of California - California

Case 3:07-cv-04952-JSW

Document 10

Filed 12/26/2007

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SCOTT N. SCHOOLS (SCBN 9990) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division MICHAEL T. PYLE (SBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7322 Facsimile: (415) 436-6748 Email: [email protected] Attorneys for Defendant Dr. Donald C. Winter, Secretary of the Navy

UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PYLE DECL. IN SUPPORT OF MOTION TO DISMISS Case No. C07-04952 JSW

PAULINE HORVATH, Plaintiff, v. DONALD C. WINTER, Secretary of the Navy, Defendant.

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Case No. C 07-04952 JSW DECLARATION OF MICHAEL T. PYLE IN SUPPORT OF DEFENDANT DONALD C. WINTER'S' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION Date: February 15, 2008 Time: 9:00 a.m. Courtroom 2, 17th Floor Hon. Jeffrey S. White

I, Michael T. Pyle, declare: 1. I am an Assistant United States Attorney in the United States Attorney's Office for the Northern District of California, am licensed to practice law in California and to appear before this Court, and am counsel for Defendant Donald C. Winter, making this declaration from my own personal knowledge. If called as a witness, I could and would

Case 3:07-cv-04952-JSW

Document 10

Filed 12/26/2007

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competently testify to the contents of this declaration. 2. Attached hereto as Exhibit 1 is a true and correct copy of a court order issued by United States District Judge Marilyn Patel on March 26, 1999 in Actions 98-4562 MHP and 984604 MHP. 3. Attached hereto as Exhibit 2 is a true and correct copy of a five page "Complaint for Promotion" dated July 23, 1998 from plaintiff Pauline C. Horvath. 4. Attached hereto as Exhibit 3 is a true and correct copy of a decision by the Office of Federal Operations of the U.S. Equal Employment Opportunity Commission dated April 16, 2007 regarding plaintiff Pauline C. Horvath. 5. Attached hereto as Exhibit 4 is a true and correct copy of a decision by the Office of Federal Operations of the U.S. Equal Employment Opportunity Commission dated June 21, 2007 regarding plaintiff Pauline C. Horvath I declare under penalty of perjury that the foregoing is true and accurate and that I have executed this declaration on December 26, 2007 in San Francisco, California. /s/ MICHAEL T. PYLE Assistant United States Attorney

PYLE DECL. IN SUPPORT OF MOTION TO DISMISS Case No. C07-04952 JSW