Free Declaration in Support - District Court of California - California

Case 5:07-cv-04834-JF

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Filed 09/20/2007

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STEPHEN J. USOZ, SB# 189095 LESLIE HOLMES, SB# 192608 MARK V. BOENNIGHAUSEN, SB# 142147 HOGAN HOLMES & USOZ LLP 333 West Santa Clara St., Suite 800 San Jose, California 95113 Telephone: 408-292-7600 Fax: 408-292-7611 Attorneys for Plaintiff

DARSHANA NADKARNI

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
DARSHANA NADKARNI,

an individual,

CASE NO. C07-04834 JF DECLARATION OF STEPHEN J. USOZ IN SUPPORT OF EX PARTE APPLICATION FOR

Plaintiff, v. DATTAPRASANNA G. NADKARNI, an individual, Defendant.

TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND ORDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME

I, Stephen J. Usoz, declare as follows: 1. I am an attorney duly licensed to practice before all Courts in the State of California, and

am a partner with the offices of Hogan Holmes and Usoz LLP, attorneys of record for the plaintiff herein. I make this declaration of my own personal knowledge and upon information and belief. As to those matters, I believe them to be true. If called as a witness, I could competently testify hereto. 2. I have been a practicing attorney for more than 10 years and spent an additional 27 years

as a law enforcement official and am familiar with these fact patterns. A substantial portion of my practice involves contentious family law disputes, such as the one between my client and her ex-husband in this case.
DECLARATION OF STEPHEN J. USOZ -1-

Case 5:07-cv-04834-JF

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Filed 09/20/2007

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3.

Based on my experience in these types of matters and my review of the family law records

in this case, I would expect that if notice was given to the defendant, Mr. Nadkarni, about the seeking of a TRO over the email he took from his wife's account, he would look to embarrass the plaintiff, Ms. Nadkarni, by distributing these emails to third-parties, or take other actions to try to injure Ms. Nadkarni's reputation and her consulting business. Accordingly, I believe that it is appropriate to request this TRO on an Ex Parte basis, without notice to Mr. Nadkarni, under Federal Rule of Civil Procedure 65 (b). I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 19th day of September, 2007, at San Jose California.

/s/ Stephen J. Usoz _____________________________ Stephen J. Usoz

DECLARATION OF STEPHEN J. USOZ

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