Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-04770-MMC

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Filed 01/04/2008

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy DANIEL ZAHEER, State Bar #237118 Deputy City Attorney Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: (415) 554-3822 Facsimile: (415) 554-3837 E-Mail: [email protected] Attorneys for CITY AND COUNTY OF SAN FRANCISCO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOAQUIN CIRIA, Plaintiff, vs. NICHOLAS J. RUBINO, OFFICER AISSA, JAMES CROWLEY, ARTHUR GERRANS AND DOES 1-10 INCLUSIVE, Defendants. Hearing Date: Time: Place: Judge: Trial Date: February 12, 2008 9:30 a.m. Courtroom 11 Martin J. Jenkins None Set Case No. C07-4770 MJJ DECLARATION OF DANIEL ZAHEER RE: STATUS OF SERVICE

I, DANIEL ZAHEER , declare as follows: 21 1. 22 Francisco (the "City") in this action. The following facts are known to me personally, and if called 23 upon as a witness, I would testify as to them competently. 24 2. 25 defendants in this suit at the San Francisco Police Department ("SFPD") on 850 Bryant Street in San 26 Francisco. The Marshall also served a courtesy copy on the San Francisco City Attorney's Office at 27 San Francisco City Hall, Room 234. 28
ZAHEER DECL. RE: STATUS OF SERVICE Ciria v. CCSF, Case No. C07-4770 MJJ

I am an attorney and counsel of record for defendant the City and County of San

On October 23, 2007, the United States Marshall attempted to serve the four named

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Case 3:07-cv-04770-MMC

Document 13-3

Filed 01/04/2008

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3.

Three of the named defendants in this action, Officer Nicholas Rubino (Badge # 448),

Officer James Crowley (Badge # 416) and Detective Arthur Gerrans (Badge #624), are no longer employees of SFPD or of the City. All three men are former SFPD employees and have retired. 4. I have not been able to verify that Officer Aissa (Badge # 218) was a past SFPD

employee or is a current SFPD employee. My efforts to locate him are continuing. 5. Because of applicable privacy protections, I do not have direct access to the contact

information for any retired SFPD officer. In an attempt to make contact with the defendants in this suit, I have drafted letters to the defendants explaining the allegations made in the instant suit and asking the defendants to call me. I have asked the City's Retirement Services Department to forward these letters to the individual officers. 6. As of the date of this declaration, I have not received any responses to the letters.

Dated: January 4, 2008 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy DANIEL ZAHEER Deputy City Attorney By: /s/ DANIEL ZAHEER Attorneys for Defendant(s) CITY AND COUNTY OF SAN FRANCISCO

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ZAHEER DECL. RE: STATUS OF SERVICE Ciria v. CCSF, Case No. C07-4770 MJJ

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