Free Declaration in Support - District Court of California - California

Case 3:07-cv-03758-SC

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GORDON P. ERSPAMER (CA SBN 83364) [email protected] ARTURO J. GONZALEZ (CA SBN 121490) [email protected] HEATHER A. MOSER (CA SBN 212686) [email protected] STACEY M. SPRENKEL (CA SBN 241689) [email protected] PAUL J. TAIRA (CA SBN 244427) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 [see next page for additional counsel for Plaintiffs] Attorneys for Plaintiffs VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VETERANS FOR COMMON SENSE, and VETERANS UNITED FOR TRUTH, INC., Plaintiffs, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, et al., Defendants. DECLARATION OF HEATHER A. MOSER IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR PROTECTIVE ORDER TO STAY DISCOVERY FROM THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS Date: Time: Ctrm: March 7, 2008 10:00 a.m. 1, 17th Floor Case No. C-07-3758-SC

CLASS ACTION

Complaint Filed July 23, 2007

MOSER DECL. IN SUPP. OF PLS.' OPP. TO DEFS.' MOT. FOR PROTECTIVE ORDER -- CASE NO. C-07-3758-SC sf-2464741

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ADDITIONAL COUNSEL FOR PLAINTIFFS: SIDNEY M. WOLINSKY (CA SBN 33716) [email protected] JENNIFER WEISER BEZOZA (CA SBN 247548) [email protected] KATRINA KASEY CORBIT (CA SBN 237931) [email protected] DISABILITY RIGHTS ADVOCATES 2001 Center Street, Third Floor Berkeley, California 94704-1204 Telephone: 510.665.8644 Facsimile: 510.665.8511 BILL D. JANICKI (CA SBN 215960) [email protected] MORRISON & FOERSTER LLP 400 Capitol Mall, Suite 2600 Sacramento, California 95814 Telephone: 916.448.3200 Facsimile: 916.448.3222

MOSER DECL. IN SUPP. OF PLS.' OPP. TO DEFS.' MOT. FOR PROTECTIVE ORDER -- CASE NO. C-07-3758-SC sf-2464741

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DECLARATION OF HEATHER A. MOSER I, Heather A. Moser, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am admitted to

practice before this Court. I am an associate at the law firm of Morrison & Foerster LLP, counsel for Plaintiffs VETERANS FOR COMMON SENSE and VETERANS UNITED FOR TRUTH, INC. I make this declaration in support of Plaintiffs' Opposition to Defendants' Motion for Protective Order to Stay Discovery from the U.S. Court of Appeals for Veterans Claims, filed herewith. I have personal knowledge of the matters set forth herein and could and would competently testify thereto if called as a witness in this matter. 2. On January 15, 2008, counsel for Defendants, Daniel Bensing, sent Plaintiffs' counsel

a letter regarding outstanding discovery. That letter, among other things, urged Plaintiffs to consider narrowing their outstanding document requests. The next day, I sent a letter to Mr. Bensing listing thirteen high priority document requests aimed at obtaining the documents most relevant to the pending preliminary injunction motion. A true and correct copy of my letter is attached hereto as Exhibit A. 3. On January 30, 2008, I participated in a prescheduled telephonic meet and confer

conference with my colleague Gordon Erspamer as well as counsel for Defendants. During that conversation, Defendants recited a series of legal objections as grounds for refusing to immediately begin production of documents responsive to the long overdue requests. During that conversation, I inquired whether defense counsel intended to produce documents responsive to the prioritized requests proposal set forth in my January 16 letter. During that conversation, the parties also discussed the general topic of depositions. The parties agreed to further discussions regarding the number of and place for deposition. Those additional discussions have not taken place to date. During that discussion, Plaintiffs' counsel did not propose any potential deposition date for William Greene, Jr. prior to the previous or current hearing dates for the motion to dismiss Defendant Greene.

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I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed this 8th day of February, 2008, at San Francisco, California. /s/ Heather A. Moser Heather A. Moser

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