Jackson Browne v. John McCain et al

Filing 38

Plaintiff's Evidentiary Objections to Mauk and McClelland Declarations Opposition re: MOTION to Dismiss Case Under Federal Rule 12(b)(2), (3) & (6) 23 filed by Plaintiff Jackson Browne. (Iser, Lawrence)

1 KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP 2 3 4 5 6
KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

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808 WILSHIRE BOULEVARD, 3RD FLOOR SANTA MONICA, CALIFORNIA 90401 TEL [phone] · FAX [phone]

LAWRENCE Y. ISER (SBN 094611) [e-mail] PATRICIA A. MILLETT (SBN 150756) [e-mail] JONATHAN STEINSAPIR (SBN 226281) [e-mail] GREGORY S. GABRIEL (SBN 239902) [e-mail] 808 Wilshire Boulevard, 3rd Floor Santa Monica, California 90401 Telephone: [phone] Facsimile: 310.566.9850

8 Attorneys for Plaintiff Jackson Browne 9 10 11 12 13 JACKSON BROWNE, an individual 14 15

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION CASE NO. CV08-5334 RGK(Ex) PLAINTIFF'S EVIDENTIARY OBJECTIONS TO THE DECLARATIONS OF JASON MAUK AND JOHN MCCLELLAND FILED IN SUPPORT OF DEFENDANT OHIO REPUBLICAN PARTY'S MOTION TO DISMISS Date: Time: Judge: Place: February 2, 2009 9:00 a.m. Hon. R. Gary Klausner Courtroom 850

Plaintiff, vs. REPUBLICAN NATIONAL organization; THE OHIO political organization Defendants.

16 JOHN MCCAIN, an individual; THE 17 COMMITTEE, a non-profit political 18 REPUBLICAN PARTY; a non-profit 19 20 21 22 23 24 25 26 27 28
11166.00015/42620.1

EVIDENTIARY OBJECTIONS TO DECLARATIONS OF MAUK AND MCCLELLAND

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Plaintiff Jackson Browne hereby objects to the following portions of the

2 Declarations of Jason Mauk and John McClelland submitted by Defendant Ohio 3 Republican Party in support of its motions to dismiss Plaintiff's complaint pursuant 4 to FRCP 12(b)(2), (3) & (6); or to transfer pursuant to §§ 28 USC 1404(a) & 5 1406(a). 6
KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

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808 WILSHIRE BOULEVARD, 3RD FLOOR SANTA MONICA, CALIFORNIA 90401 TEL [phone] · FAX [phone]

OBJECTIONS TO THE DECLARATION OF JASON MAUK 1. Paragraph 21 in its entirety ("The acts or omissions for which the ORP

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10 is sought to be held liable for in this action, as described in the Complaint, all 11 occurred in Ohio. The video referenced in paragraph 2 of the Complaint (`Political 12 Video') was created in Columbus, Ohio from either ORP Communications Director 13 John McClelland's home office or his ORP office."): Lacks foundation and 14 personal knowledge, conclusion and opinion. 15 16

2.

That portion of paragraph 23 which appears at p. 5:9-10 ("The ORP did

17 not target the Political Video to California voters or a California audience . . ."): 18 Lacks foundation, conclusion and opinion. 19 20

3.

Paragraph 24 in its entirety ("It would place an unreasonable burden on

21 the ORP to defend in California because it is not a for profit political organization 22 that only engages in non-profit activities in Ohio. . . . Ohio has a strong interest in 23 the political activities of its non-profit political organizations."): Purports to state 24 legal conclusions, lacks foundation and is contrary to the evidence that Mauk 25 and others traveled to California on ORP business. 26 27

4.
11166.00015/42620.1

Paragraph 25 in its entirety ("All of the ORP employees who have any
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28 personal knowledge of the production of the Political Video and the organization of
EVIDENTIARY OBJECTION TO DECLARATIONS OF MAUK AND MCCLELLAND

1 the ORP reside in Ohio."): Lacks foundation and personal knowledge and is 2 conclusory. 3 4 5 6
KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

OBJECTIONS TO THE DECLARATION OF JOHN MCCLELLAND 5. That portion of paragraph 13 which appears at p. 4:21 ("It was not

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8 aimed at a California audience."): Conclusion and opinion, contrary to the
808 WILSHIRE BOULEVARD, 3RD FLOOR SANTA MONICA, CALIFORNIA 90401 TEL [phone] · FAX [phone]

9 evidence that ORP's press release was sent to national media outlets. 10 11 DATED: January 7, 2009 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
11166.00015/42620.1

KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP By: /s/ Lawrence Y. Iser Attorneys for Plaintiff Jackson Browne

EVIDENTIARY OBJECTION TO DECLARATIONS OF MAUK AND MCCLELLAND

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