Free Affidavit in Opposition to Motion - District Court of California - California

Case 4:07-cv-04894-SBA

Document 34

Filed 04/08/2008

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A limited liability partnership formed in the State of Delaware

Michael J. Coffino (SBN 88109) [email protected] James E. Heffner (SBN 245406) [email protected] Christopher C. Foster (SBN 253839) [email protected] REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: 415.543.8700 415.391.8269

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Attorneys for Plaintiffs Robert Carl Patrick Keane and Chieko Strange UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROBERT CARL PATRICK KEANE, individually; and CHIEKO STRANGE, individually, Plaintiffs, vs. SETH M. MCMULLEN, PAUL ACCORNERO and JOHN SILVA, Defendants. No.: CV-07-4894 SBA DECLARATION OF JAMES HEFFNER IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS SETH M. MCMULLEN AND JOHN SILVA'S MOTION FOR A MORE DEFINITE STATEMENT Date: Time: Place: April 29, 2008 1:00 p.m. Courtroom 3, 3rd Floor

REED SMITH LLP

Hon. Saundra B. Armstrong

I, James Heffner, declare as follows. 1. I am an attorney admitted to practice law in the Northern District and the State of

California, and an Associate at Reed Smith LLP, attorneys of record for plaintiffs Robert Carl Patrick Keane and Chieko Strange ("Plaintiffs"). I have personal knowledge of the matters stated in this declaration. 2. Defendant Seth McMullen ("McMullen") filed an Answer that provides a paragraph

by paragraph response to Plaintiffs' Amended Complaint. A true and correct copy of McMullen's ­1­
DOCSSFO-12511220.1-JEHEFFNE

Decl. Of James Heffner In Support Of Opposition to Defendants Seth McMullen and John Silva's Motion

Case 4:07-cv-04894-SBA

Document 34

Filed 04/08/2008

Page 2 of 2

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A limited liability partnership formed in the State of Delaware

Answer is attached to this declaration as Exhibit A. 3. Defendant John Silva ("Silva") filed an Answer that provides a paragraph by

paragraph response to Plaintiffs' Amended Complaint. A true and correct copy of Silva's Answer is attached to this declaration as Exhibit B. 4. Defendant Paul Accornero ("Accornero") filed an Answer that provides a paragraph

by paragraph response to Plaintiffs' Amended Complaint. A true and correct copy of Accornero's Answer is attached to this declaration as Exhibit C. 5. The Notice of Electronic Filing of McMullen and Silva's motion for a more definite

statement states that the Motion was filed with the court on March 11, 2007, at 5:24 p.m., a true and correct copy of that Notice of Motion is attached to this declaration as Exhibit D. The Notice of Electronic Filing of McMullen's Answer states that the Answer was filed on March 11, 2008, at 5:27 p.m., a true and correct copy of that Notice of McMullen's Answer is attached to this declaration as Exhibit E. The Notice of Electronic Filing of Silva's Answer states that his Answer was filed on March 11, 2008, at 5:28 p.m., a true and correct copy of that Notice of Silva's Answer is attached to this declaration as Exhibit F. 6. Prior to stipulating to the filing of the First Amended Complaint, I circulated a copy

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REED SMITH LLP

of that complaint to McMullen, Silva and Accornero. The attorney for each defendant represented that they reviewed the First Amended Complaint and approved of its filing. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I executed this declaration on April 8, 2008 at San Francisco, California.

/s/ James E. Heffner James E. Heffner

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DOCSSFO-12511220.1-JEHEFFNE

Decl. Of James Heffner In Support Of Opposition to Defendants Seth McMullen and John Silva's Motion