Free Declaration in Support - District Court of California - California

Case 3:07-cv-02769-JL

Document 108

Filed 10/10/2007

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Jonathan M. Cohen (SBN: 168207) Martin Sabelli (SBN 164772) Robyn T. Callahan (SBN: 225472) WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5894 Telephone: 415-591-1000 Facsimile: 415-591-1400 Email: [email protected] [email protected] Attorneys for Plaintiff FRANK NEMIROFSKY UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION
101 California Street San Francisco, CA 94111-5894

11 FRANK NEMIROFSKY, 12 Plaintiff, 13 vs. 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 I, Robyn T. Callahan, declare as follows: 1. I am a duly licensed attorney at law, authorized to practice before the Courts of the SEOK KI KIM; STV ASIA, LTD. a British Virgin Islands corporation; and DOES 1 through 20, inclusive, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:07-CV-02769 ­ JL Hon. Magistrate James Larson DECLARATION OF ROBYN T. CALLAHAN IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANTS' BRIEF REGARDING THE ATTORNEYCLIENT PRIVILEGE AND THE DEPOSITION OF D. BAILEY-WELLS

Winston & Strawn LLP

State of California as well as the Federal District Court for the Northern District of California. I am an associate of the law firm Winston & Strawn LLP. I make this declaration in support of Plaintiff's Reply to Defendants' Brief regarding the attorney-client privilege and the deposition of Deborah Bailey-Wells. I have personal knowledge of the facts set forth herein and could and would competently testify thereto. /// /// 1
DECLARATION OF ROBYN T. CALLAHAN IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANTS' BRIEF REGARDING THE DEPOSITION OF D. BAILEY-WELLS
Case No. 3:07-CV-02769 ­ JL

Case 3:07-cv-02769-JL

Document 108

Filed 10/10/2007

Page 2 of 2

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101 California Street San Francisco, CA 94111-5894

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On September 26, 2007, Defendants' counsel, Peter Harvey and Seth Appel,

participated in a final meet and confer telephone conference with Plaintiff's counsel, Martin Sabelli and I. As of the date of this last telephone conference, Defendants' counsel conceded that among the permissible areas of inquiry for the deposition of Ms. Bailey-Wells was testimony as to Mr. Nemirofsky's roles and responsibilities in the PRN Litigation. 3. During the September 26, 2007 telephone conference, we specifically discussed the

fact that because Defendants had raised the affirmative defenses that Mr. Nemirofsky allegedly did not perform under the agreement, Defendants had put these areas at issue making them relevant subject matters for testimony by Ms. Bailey-Wells. In fact, Defendants' meet and confer letter, attached as Exhibit B to my declaration filed on October 3, 2007, noted Defendants' agreement to allowing testimony as to Mr. Nemirofsky's roles and responsibilities in the PRN Litigation. 4. Attached hereto as Exhibit A is a true and correct copy of Defendant Seok Ki Kim's

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Winston & Strawn LLP

May 15, 2006 email correspondence to Plaintiff Frank Nemirofsky to which was attached the blank board resolution and acceptance of appointment forms regarding the appointment of Mr. Nemirofsky as a director of STV Asia. These documents were previously produced to Defendants as part of Plaintiff's initial disclosures. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 10th day of October 2007 at San Francisco, California.

______________/s/__________________ ROBYN T. CALLAHAN

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DECLARATION OF ROBYN T. CALLAHAN IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANTS' BRIEF REGARDING THE DEPOSITION OF D. BAILEY-WELLS
Case No. 3:07-CV-02769 ­ JL
SF:185863.3