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Quarles & Brady Streich Lang LLP

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Firm State Bar No. 00443100 Renaissance One Two North Central Avenue Phoenix, AZ 85004-2391
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Lonnie J. Williams, Jr. (#005966) ([email protected]) Dawn C. Valdivia (#020715) ([email protected]) Attorneys for Plaintiff Marcela Johnson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Marcela Johnson, Plaintiff, v. Charles Schwab Corporation, Defendant. NO. CV 04-0790 PHX-JWS STATEMENT OF CONSULTATION BY DAWN C. VALDIVIA IN SUPPORT OF MOTION FOR LEAVE AND TO COMPEL DEPOSITION OF CHERI MELLE AND FOR SANCTIONS

I, Dawn C. Valdivia, declare under penalty of perjury that the following facts are

I am an associate at Quarles & Brady Streich Lang and counsel for the

Plaintiff Marcela Johnson in this matter. 2. On February 3, 2006, I asked Schwab's counsel, Karen Gillen, to provide me

with dates to take Cheri Melle's deposition. See email chain between Mrs. Valdivia and Ms. Gillen attached as Exhibit A. 3. That same day, Ms. Gillen responded and told me that she would make

efforts to schedule a mutually convenient date for the deposition. Exhibit A and email from Ms. Gillen to Mrs. Valdivia attached as Exhibit B. 4. On February 8, 2006, Ms. Gillen provided me with one date, February 14,

2006. She also told me that the deposition would have to start in the afternoon. See email to Mrs. Valdivia from Ms. Gillen dated February 8, 2006, attached as Exhibit C. 5. That date conflicted with other commitments on my calendar.

Case 2:04-cv-00790-EHC

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Filed 05/23/2006

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6.

Lonnie Williams, Jr., lead counsel on this case, was also unavailable that

7.

In the same email, Ms. Gillen indicated that Melle's availability was limited

due to a pre-planned vacation and various doctors' appointments. Ms. Gillen also indicated that Mrs. Melle could not commit to any dates after the week of February 20, 2006. Exhibit C. 8. I emailed Ms. Gillen that same day to tell her that February 14, 2006, would

not work. I also asked her to provide dates in March for Mrs. Melle's deposition. See email chain between Mrs. Valdivia to Ms. Gillen attached as Exhibit D. 9. On February 9, 2006, Ms. Gillen told me that she would get in touch with

Mrs. Melle. Exhibit D. 10. In the first or second week of March 2006, I spoke with Ms. Gillen about

dates for Mrs. Melle's deposition. I also told Ms. Gillen that given Mrs. Melle's situation, we understood that Schwab would not object to us taking the deposition beyond the March 31, 2006, discovery cut-off date. Ms. Gillen told me that Mrs. Melle and her husband had some medical issues, but that she would continue to try to get dates. 11. On March 29, 2006, I reminded Ms. Gillen that she had still not provided us

with dates for Mrs. Melle's deposition. I told her that given Mrs. Melle's schedule, it was my understanding that Schwab would not object to us taking the deposition outside of the March 31, 2006, discovery deadline. I specifically told Ms. Gillen that if she disagreed, we could raise it with the Judge. See email chain between Ms. Gillen and Mrs. Valdivia attached as Exhibit E. 12. Ms. Gillen did not object to my proposal, but instead told me that she had

contacted Mrs. Melle and that her husband was facing serious medical issues, but that she would follow-up with her. Id. 13. Ms. Gillen never provided me with another date, but instead told me that

Mrs. Melle would not appear for her deposition without a Court Order because the discovery deadline had passed. See letter from Ms. Gillen dated 5/2/06 attached as
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Exhibit F.

DATED this 23rd day of May, 2006. QUARLES & BRADY STREICH LANG LLP

By s/Dawn C. Valdivia Dawn C. Valdivia I hereby certify that on May 23, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic filing to the following CM/ECF registrants: Joseph T. Clees Karen Gillen Nonnie Shivers Ogletree, Deakins, Nash, Smoak & Stewart, P.C. A copy of this document was provided to The Honorable Earl H. Carroll s/Dawn C. Valdivia
QBPHX\115637.00002\2015093.1

Case 2:04-cv-00790-EHC

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