Free Uncategorized - District Court of Arizona - Arizona

1 Joseph T. Clees, SBN 009645
2 1 Christopher M. Mason, SBN 019891
Michelle H. Ganz, SBN 023651 1
3, OGLETREE, DEAKINS, NASH,
g SMOAK & STEWART, P.C. SBN 00504800
4 2415 East Camelback Road, Suite 800
5 ‘ Phoenix, Arizona 85016
Telephone: (602) 778-3700
6 Email: [email protected]
7 Email: [email protected]
Email: [email protected]
8 y
9 I Attorneys for Defendant Charles Schwab & Co., Inc.
10 UNITED STATES DISTRICT COURT
11 DISTRICT OF ARIZONA 1
S 12 MARCELA JOHNSON, Case No. CV-04-0790-PHX-JWS 1
{IQ gg 13 Plaintifri DEFENDANT’S COUNSEL’S
E 8 14 , CERTIFICATION OF GOOD Q
§ § E § g VS· FAITH MEET AND CONFER IN
*·· A = 1 A
QS {gg S CHARLES SCHWAB CORPORATION,
·= *4.152 " ‘
g 16 N Dcfcndm PROTECTIVE ORDER
E 17 2 E
N 18 ATTORNEY DECLARATION OF CHRISTOPHER M. MASON
19 State of Arizona )
20 ) SS-
County of Maricopa)
21
22 N Christopher M. Mason, Esq., being first duly sworn upon his oath, deposes and
23 says:
24 1. I am an Associate with Ogletree Deakins P.C., the law tinn retained to
25 represent Defendant Charles Schwab & Co., Inc. ("Schwab") in this litigation.
26 I 2. I am over the age of 18 and am competent to testify as to all matters set
27 I forth herein and would so testify if called upon to do so. I make the following statements
28 1 based on my personal knowledge.
Case 2:04-cv—00790-EHC Document 54 Filed 11/14/2005 Page 1 of 4

1 3. On September 23, 2005, Plaintiff served her Notice of 30(b)(6) Deposition.
2 4. On October 6, 2005, Schwab filed its objections to the deposition notice
3 based, among other things, on its overbreadth and burdensome nature.
4 5. ln a letter accompanying the objections, Schwab’s counsel, Michelle Ganz,
5 requested a conference to discuss the appropriate scope of the 30(b)(6) deposition.
6 6. On October 6, 2005, Schwab’s counsel, Michelle Ganz, spoke with
7 Plaintiff’ s counsel, Mr. Lonnie Williams, by telephone about the date and scope of the
8 deposition. During this conversation Mr. Williams agreed to postpone the unilaterally-
9 noticed deposition if an alternative date was provided simultaneously, but he ignored Ms.
10 Ganz’s request to discuss the scope of the deposition.
ll 7. Following Ms. Ganz’s conversation with Mr. Williams, Schwab’s counsel,
_ E 12 Chris Mason, also spoke with Mr. Williams on October 6, 2005 about the deposition.
Q G 13 8. Mr. Mason followed up with a letter to Mr. Williams on October 6, 2005,
14 again requesting Mr. Williams discuss the scope of the 30(b)(6) notice. Mr. Mason
Q 15 received no response.
16 9. On October 13, 2005, Mr. Mason wrote another letter to Mr. Williams
g 17 requesting Mr. Williams to discuss the scope of the 30(b)(6) notice. Mr. Mason received
18 no response.
19 10. Mr. Mason then called Mr. Williams and sent Mr. Williams another letter on
20 October 17, 2005 regarding the scope of the 30(b)(6) notice. Mr. Williams did not
21 respond.
22 ll. On October 26, 2005, Mr. Mason sent a letter to Mr. Williams requesting
23 that Mr. Williams respond regarding the scope of the 30(b)(6) notice. Mr. Williams
24 ignored Mr. Mason’s request to discuss the scope of the notice.
25 l2. Mr. Mason followed up with another letter to Mr. Williams on November 3,
26 2005. Mr. Mason again requested Mr. Williams meet and confer with Mr. Mason
27 regarding the scope ofthe deposition notice.
Case 2:04-cv—00790-EHC Document 54 2 Filed 11/14/2005 Page 2 of4

1 13. Schwab’s counsel received a letter from Plaintiffs counsel, Dawn Valdivia,
2 on November 10, 2005. Ms. Valdivia did not respond to Schwab’s requests to meet and
3 confer regarding the scope of the 30(b)(6) notice. Instead, Ms. Valdivia demanded
4 Schwab set out its position with no opportunity to meet and confer.
5 14. Mr. Mason responded to Ms. Valdivia’s letter on November ll, 2005. Mr.
6 Mason reiterated Schwab’s counsel’s repeated requests that counsel for the parties meet
7 and confer in order to reach a mutual agreement about the reasonable scope of the
8 30(b)(6) notice.
9 15. Ms. Valdivia called Ms. Ganz on November ll, 2005. Ms. Valdivia
10 demanded Schwab set out its position on Plaintiffs written discovery requests, many of
ll which are substantively the same as the categories in Plaintiffs 30(b)(6) deposition
Q é l2 notice. When Ms. Ganz requested counsel have a telephone conference to discuss a
§ 13 reasonable compromise on the discovery, Ms. Valdivia refused to engage in a meet and
E Ig ig 14 confer.
Q 15 16. Ms. Ganz followed up on their telephone conversation in a letter on
g § 16 November 11, 2005. In her letter, Ms. Ganz proposed a telephone conference to discuss i
§ 17 the scope of Plaintiffs discovery requests. Ms. Ganz also set forth a reasonable scope
18 with regard to Plaintiffs request. To date, Schwab’s counsel has not received a response.
19 17. Based on the foregoing, the undersigned counsel for Schwab certifies that,
2U after personal consultation, and good faith efforts to resolve this dispute short of Court
21 intervention, counsel has been unable to resolve the issues set forth in the Schwab’s
22 Motion for Protective Order.
23 Pursuant to the laws ofthe state of Arizona, I declare under penalty of perjury that
24 the foregoing is true and correct.
25 EXECUTED this 14th day of November 2005, in Phoenix, Arizona.
27 s/ Christopher M. Mason
28
Case 2:04-cv—00790-EHC Document 54 3 Filed 11/14/2005 Page 3 of 4

1 CERTIFICATE OF SERVICE
2 I hereby certify that on the l4th day of November 2005, I electronically transmitted the
3 attached Det`endant’s Counsel’s Certification of Good Faith Meet and Confer In Support of
4 Charles Schwab & Co., Inc.’s Motion for Protective Order to the Clerk’s Office using the
5 CM/ECF Systems for tiling and transmittal of a Notice of Electronic Filing to the following
6 CM/ECF registrant:
7 Lonnie Williams, Esq.
8 Dawn C. Valdivia, Esq.
Quarles Brady Streich Lang, LLP
9 One Renaissance Square
10 Two North Central Avenue 1
Phoenix, AZ 85004
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E Eu 12 sf Marji L. Bartels
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