City of Seattle v. Professional Basketball Club LLC

Filing 73

DECLARATION of Jeffrey Johnson in Support of the City of Seattle's Opposition to Defendant's Motion in Limine filed by Plaintiff City of Seattle re 57 MOTIONS IN LIMINE Re Mitch Levy and Sherman Alexie (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Jensen, Michelle)

City of Seattle v. Professional Basketball Club LLC Doc. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF JEFFREY JOHNSON IN SUPPORT OF THE CITY OF SEATTLE'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE SHERMAN ALEXIE AND MITCH LEVY - 1 Case No. C07-1620 MJP K:\2065932\00001\20880_MDJ\20880P20PT The Honorable Marsha J. Pechman UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CITY OF SEATTLE, a first-class charter city, Plaintiff, v. PROFESSIONAL BASKETBALL CLUB, LLC, an Oklahoma limited liability company, Defendant. No. C07-1620 MJP DECLARATION OF JEFFREY JOHNSON IN SUPPORT OF THE CITY OF SEATTLE'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE SHERMAN ALEXIE AND MITCH LEVY Note on Motion Calendar: June 6, 2008 I, Jeffrey Johnson, declare under penalty of perjury under the laws of the State of Washington that the following is true and correct. I am over the age of 18, have personal knowledge of the matters stated below, and, if called to testify, could and would so testify. 1. I am a partner at Kirkpatrick & Lockhart Preston Gates Ellis, LLP, and am licensed to practice law in the State of Washington. I represent the City of Seattle in the above-captioned matter. 2. Attached as Exhibit A is a true and correct copy of Sherman Alexie's KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 biography, printed from his website (http://www.fallsapart.com/biography.html) on June 3, 2008. 3. Attached as Exhibit B is a true and correct copy of Sherman Alexie's April 30, 2008 "Sonics Death Watch" column, printed from the The Stranger website (http://www.thestranger.com) on June 3, 2008. 4. Attached as Exhibit C is a true and correct copy of PBC's Answer to the City of Seattle's Request for Admission No. 17. 5. Daniel Barth, PBC's Chief Executive Officer and 30(b)(6) designee, was deposed on April 25, 2008. Attached as Exhibit D is a true and correct excerpt of a true and correct transcription of Mr. Barth's April 2008 deposition, redacted in accord with a confidentiality designation applied pursuant to the parties' protective order. I declare under penalty of perjury that the foregoing is true and correct: EXECUTED this 2nd day of June, 2008 at Seattle, Washington. /s/ Jeffrey Johnson J e f f r e y J o hnson DECLARATION OF JEFFREY JOHNSON IN SUPPORT OF THE CITY OF SEATTLE'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE SHERMAN ALEXIE AND MITCH LEVY - 2 Case No. C07-1620 MJP K:\2065932\00001\20880_MDJ\20880P20PT KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022