Free Declaration in Support - District Court of California - California

Case 5:07-cv-04808-JF

Document 10

Filed 10/18/2007

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DEBORAH YO

KURT OSENBAUGH (State Bar No. 106132) ON JONES (State Bar No. 118127)
SA Y AKA KARIT ANI (State Bar No. 240122)

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WESTON, BENSHOOF, ROCHEFORT,

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RUBALCAVA & MacCUISH LLP 333 South Hope Street Sixteenth Floor Los Angeles, California 90071
Telephone: (213) 576-1000

Facsimile: (213) 576-1100
Attorneys for Plaintiffs

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BP WEST COAST PRODUCTS LLC and ATLANTIC RICHFIELD COMPANY

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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BP WEST COAST PRODUCTS LLC, a Delaware Limited Liability Company; and ATLANTIC RICHFIELD COMPANY, a
Delaware Corporation,

Case No.: C07 04808 RS

Plaintiff,
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v.
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STTN ENTERPRISES, INC., a California Coi:oration~ NAZIM F AQUIRY AN, an individual; ~AYED FAQÙIRYAN, an individual; and MAGHVL FAQUIRY AN, an individual; and AVA GLOBAL ENTERPRISE, LLC, a California limited liability company,
Defendants.

DECLARATION OF DEBORAH YOON JONES IN SUPPORT OF PLAINTIFFS', BP WEST COAST PRODUCTS LLC AND ATLANTIC RICHFIELD COMPANY, EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE ISSUANCE OF PRELIMINARY INJUNCTION
Application for TemRorary Restraining
Order; Declaration of BraG Christensen;

(Filed concurrently with Ex Parte

and (Proposed) Order.)
Date: To Be Scheduled by Court

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Time: To Be Scheduled by Court
Ctr: 4

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Honorable Richard Seeborg
Filing Date: September 17, 2007

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DECLARA nON OF DEBORAH YOON JONES

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Case 5:07-cv-04808-JF

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DECLARATION OF DEBORAH YO

ON JONES

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I, DEBORAH YOON JONES, declare and state as follows:
1.

I am an attorney duly licensed to practice law before all courts of

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the State of California and am a partner with the law firm of Weston, Benshoof,
Rochefort, Rubalcava & MacCuish LLP, attorneys of record herein for plaintiffs BP
West Coast Products LLC ("BPWCP") and Atlantic Richfield Company ("ARCO"). I
make this declaration in support of the Ex Parte Application for Temporary

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Restraining Order and Order to Show Cause Re Preliminary Injunction.

I have

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personal knowledge of the facts set forth in this declaration and if called as a witness,
could and would testify competently to them.
2. Attached hereto as Exhibit A is a tre and correct copy of the letter

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dated September 12, 2007, sent to Defendants' counsel, John G. Michael, Esq. of the
law firm Baker Manok & Jensen. Exhibit A is incorporated herein as though fully set
forth at length.
3. Attached hereto as Exhibit B is a true and correct copy of the letter

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dated September 12, 2007, sent by Mr. Michael to BPWCP, and is incorporated herein
as though fully set forth at length.
4. I sent a letter dated September 13, 2007 to Mr. Michael, on behalf

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of BPWCP and ARCO, requesting that the Defendants immediately cease the
trademark and trade name violations and stop using proprietary items. A tre and

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correct copy of the September 13, 2007 letter is attached hereto as Exhibit C, and is

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incorporated herein as though fully set forth at length. As of September 28, 2007,
Defendants were continuing to violate BPWCP and ARCO's trademark-protected and
proprietary interests.
5. Prior to filing the original complaint (on September 17, 2007), I

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had a telephone conversation with Mr. Michael to advise him that BPWCP was filing
a Complaint against Defendants. In addition to asking whether Mr. Michael was

authorized to accept service on behalf of the Defendants, I informed him that I
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DECLARA TION OF DEBORAH YOON JONES

Case 5:07-cv-04808-JF

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believed Defendants were continuing to infringe upon various registered trademarks.

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6. On October 8, 2007, I contacted Mr. Michael to advise that
BPWCP would be filing a First Amended Complaint to include claims for trademark

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violation and moreover, would be filing a Temporary Restraining Order to restrain
Defendants from their continued trademark violations. I informed Mr. Michael that if
I did not hear back from him by Monday, October 15,2007, we would proceed. As of
today's date I have not heard from Mr. Michael and it is my understanding that

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Defendants' trademark infringement persists.
7.

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Accordingly, on October 18, 2007, I had my process server

personally serve Mr. Michael (who has signed a waiver of service of the original

complaint as to defendants STTN Enterprises, Inc., Sayed Faquiryan and Nazim
Faquiryan)1 with the documents which BPWCP and ARCO have filed in support of

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its

ex parte application including this declaration, the (Proposed) Temporary Restraining

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Order, the Memorandum of Points and Authorities and Declarations of Brad
Chrstensen and Deborah Y oon Jones in support thereof, and the First Amended

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Complaint.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is tre and correct.

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Executed on October 18, 2007, at Los Angeles, California.

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i We assume that Mr. Michael will be representing the newly named defendants in the First Amended Complaint. If, however, we determine otherwise, we wil personally serve these newly named defendants.
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DECLARATION OF DEBORAH YOON JONES

Case 5:07-cv-04808-JF

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DECLARATION OF PERSONAL SERVICE
I am employed in the County of Fresno, State of California, and my
business address is Fresno Legal Se:rices, 2115 Kern S1reet, Suite 250~ Fresno,

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which ttns service 15 made.

Cal.ifomi.a 937~1. ,I am over the age of eighteen years and not a par to the action in
On October 18, 2007, I served the document(s) described as

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BP WEST COAST PRODUCTS LLC AND ATLANTIC RICHFIELD COMPANY: EX PARTE APPLICATION FOR TEMPORAY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE ISSUANCE OF PRELIMINARY INJUCTION on
the interestedpares.in this action by enclosing the document(s) in a sealed envelope

DECLARTION OF DEBORA YOON JONES IN SUPPORT OF PLAINTIFFS'

addressed as fõllows: SEE ATTACHED SERVICE LIST
(Check one of

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the following:)

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I personally delivered the documents to:
(specify name J: .~

package c1ea"'ly labeled to identify the attorney being served:

I personally left the documents at the attomeis office, in an envelope or
~ with a receptionist or witb a person having chage thereof

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o In a conspicuous :Qlace in the office between the hours of nine in the

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morning and five in the afternoon

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I peronally left the documents at the attorney's residence with some person of not less than 18 year of age

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I personally left the documents at the p~'s residence, between the hours of eight in the morng and six in the evening, with some person of not less than
1 g years of age

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of CaIfomia that the foregoing is tre ana correct.
con-ect.

(Statel I declare under penalty ofpeijuu under the laws of

the State

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(Federal) I declare under penalty of perur that the foregoing is tre and
Executed on October 18,2007, at Los Angeles, Californa.

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i ~' y.. L-L// ./ '/.'~ -

. ~ (Signatue J

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~ ÁU)j()II\\ IQ )j::r)~I::~~::IAI ::')\!

IAU G I : C

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Case 5:07-cv-04808-JF

Document 10

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BP WEST COAST PRODUCTS LLC v. STTN ENTERPRISES, et al. United States District Court, Northern District Case No. C07 04808 RS

SERVICE LIST
John G. Michael, Esq.

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Baker Manock & Jensen 5260 North Palm Avenue Fourth Floor Fresno, CA 93704

Attorney for Defendants, STTN ENTERPRISES, INC.; NAZIM FAQUIRYAN; and SAYED FAQUIRYAN

Tel: (559) 432-5400
Fax: (559) 432-5620

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