Free Declaration in Support - District Court of California - California

Case 3:07-cv-04908-MHP

Document 13

Filed 12/28/2007

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KATHARINE H. PARKER, Appearance Pro Hac Vice PROSKAUER ROSE LLP 1585 Broadway New York, NY 10036-8299 Telephone: 212.969.3000 Fax: 212.969.2900 [email protected] DAWN M. IRIZARRY GEORGE SAMUEL CLEAVER PROSKAUER ROSE LLP 2049 Century Park East 32nd Floor Los Angeles, CA 90067-3206 Telephone 310.557.2900 Fax 310.557.2193 [email protected] [email protected] Attorneys for Defendant Cendant Corporation Short Term Disability Plan UNITED STATES DISTRICT COURT

13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 Defendant. 20 21 22 23 24 25 26 27 28 1 DECLARATION OF GEORGE SAMUEL CLEAVER C07-04908 MHP v. CENDANT CORPORATION SHORT TERM DISABILITY PLAN, JOHN DOE Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 07 - 04908 MHP DECLARATION OF GEORGE SAMUEL CLEAVER IN SUPPORT OF DEFENDANT'S REQUEST TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO APPEAR BY TELEPHONE

8086/76946-002 Current/10490616v1

Case 3:07-cv-04908-MHP

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Filed 12/28/2007

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8086/76946-002 Current/10490616v1

DECLARATION OF GEORGE SAMUEL CLEAVER I, George Samuel Cleaver, declare and state as follows: 1. I am an attorney at law duly admitted to practice in the State of California and

before this Court. I am an associate at the law firm of Proskauer Rose LLP, attorneys of record for defendant Cendant Corporation Short Term Disability Plan, Inc.("Defendant") in the abovecaptioned matter. I have personal knowledge regarding the facts set forth herein, and if called and sworn as a witness, I could and would testify competently to the following facts. 2. I submit this declaration in support of Defendant's Request to Continue the Initial

Case Management Conference and to Appear by Telephone. 3. On December 28, 2007, I contacted counsel for Plaintiff John Doe ("Plaintiff") via

e-mail to seek Plaintiff's agreement to continue the Initial Case Management Conference to January 8, 2008 at 10 AM and to allow Defendant to appear by telephone. 4. Plaintiff's counsel agreed to Defendant's request to continue the Initial Case

Management Conference and to Defendant's request to appear by telephone. Plaintiff's counsel further agreed that Plaintiff would also appear by telephone as required by the Court. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 28th day of December 2007, in Los Angeles, California.

DATED: December 28, 2007

/s/George Samuel Cleaver_____ George Samuel Cleaver

2 DECLARATION OF GEORGE SAMUEL CLEAVER C07-04908 MHP