2 Christopher M. Mason, SBN 019891
Michelle H. Ganz, SBN 023651
3 OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C. SBN 00504800
4 2415 East Camelback Road, Suite 800
5 - Phoenix, Arizona 85016
Telephone: (602) 778-3700
6 Email: joe.clees@ogletreedeal
S Attorneys for Defendant Charles Schwab & Co., Inc.
9 UNITED STATES DISTRICT COURT
10 DISTRICT OF ARIZONA
I I MARCELA JOHNSON, Case No. CV-04-0790-PHX-J WS
§ 12 Plaintiff DEFENDANT’S COUNSEL’S
E; _ gm 13 CERTIFICATION OF GOOD FAITH
E il °,}§ VS- MEET AND CON FER IN SUPPORT OF
'§ §§ Z E 14 CHARLES SCHWAB & CO., INC.’S
§ g g 1 5 CHARLES SCHWAB CORPORATION MOTION TO coMPEL 1>LA1NT1FF·s
gg Q Defendant ATTENDANCE AT DEPOSITION AND
§ E § § C16 ` REQUEST FOR SANCTIONS
g Ill Q n.
‘“ 13 ATTORNEY DECLARATION OF CHRISTOPHER M. MASON
. 19 State of Arizona ) I
20 )ss. .
County of Maricopa )
21
22 Christopher M. Mason, being first duly sworn upon his oath, deposes and says:
23 1. I am an associate with Ogletree Deakins P.C., the law firm retained to represent
24 Defendant Charles Schwab & Co., Inc. ("Schwab") in this litigation.
25 2. I am over the age of 18 and am competent to testify as to all matters set forth
26 herein and would so testify if called upon to do so. I make the following statements based on -
27 my personal knowledge. ·
28 g
Case 2:04-cv—00790-EHC Document 81 Filed 12/20/2005 Page 1 013
1 3. We have made numerous attempts to schedule Ms. Johnson’s deposition but have _
2 been opposed in these efforts by her attorneys.
3 4. First, we contacted Ms. Johnson’s counsel to schedule the deposition and they I
4 initially ignored our request.
5 5. Next, after we again contacted Ms. Johnson’s attorneys, they refused to make Ms.
6 Johnson available for deposition until after they had an opportunity to conduct a 30(b)(6)
7 deposition, which is the subject of a motion for protective order in this case. ‘
8 6. After we scheduled Ms. Johnson’s deposition, her attorneys unilaterally cancelled
9 the deposition and promised to provide us with alternative dates to conduct the deposition. J
10 7. Subsequently, Ms. Johnson’s attorneys again refused to make Ms. Johnson
ll available for deposition until they could conduct a 30(b)(6) deposition in this case.
_ Q2 12 8. Despite undersigned counsel’s efforts, Plaintiffs counsel makes it clear that they
Q 0 13 will not make Plaintiff available for deposition.
§ 14 9. Based on the foregoing, the undersigned counsel for Schwab certifies that, after Z
Q §§15 personal consultation, and good faith efforts to resolve this dispute short of Court `
16 intervention, counsel has been unable to resolve the issues set forth in Schwab’s Motion to
g 17 Compel Attendance at Deposition and Request for Sanctions.
18 Pursuant to the laws of the State of Arizona, I declare under penalty of perjury that
19 the foregoing is true and correct.
20 EXECUTED this 20th day of December, 2005. i
22 s/Christopher M. Mason
25
Case 2:04-cv—00790-EHC Document 81 2 Filed 12/20/2005 Page 2 013
1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 20th day of December 2005, I electronically transmitted
3 the attached to the Clerk’s Office using the CM/ECF Systems for tiling and transmittal of a
4 Notice of Electronic Filing to the following CM/ECP registrant:
5 Lonnie Williams, Esq.
6 Dawn C. Valdivia, Esq.
Quarles Brady Streich Lang, LLP
7 One Renaissance Square , ‘
Two North Central Avenue
8 Phoenix, AZ 85004
Y
10 s/Terri Oliver _
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