Asia Economic Institute et al v. Xcentric Ventures LLC et al

Filing 15

DECLARATION of David S. Gingras in support of Defendants' Opposition to First MOTION to Remand Case to Los Angeles Superior Court 12 filed by Defendant Xcentric Ventures LLC. (Gingras, David) Modified on 4/14/2010 (esa).

1 2 3 4 5 6 7 8 9 10 11 12 13
GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048

David S. Gingras, CSB #218793 Gingras Law Office, PLLC 4072 E Mountain Vista Dr. Phoenix, AZ 85048 Tel.: [phone] Fax: [phone] Attorneys for Defendants Xcentric Ventures, LLC and Edward Magedson UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

ASIA ECONOMIC INSTITUTE, LLC, et al., Plaintiffs, vs. XCENTRIC VENTURES, LLC, et al., Defendants.

Case No: 2:10-cv-01360-SVW-PJW DECLARATION OF DAVID S. GINGRAS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO REMAND Hearing Date: April 26, 2010 Time: 1:30 PM Courtroom: 6 (Hon. Steven Wilson) Complaint Filed: Jan. 27, 2010

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, David S. Gingras declare as follows: 1. My name is David Gingras. I am a United States citizen, a resident of the

State of Arizona, am over the age of 18 years, and if called to testify in court or other proceeding I could and would give the following testimony which is based upon my own personal knowledge unless otherwise stated. 2. I am an attorney licensed to practice law in the States of Arizona and

California, I am an active member in good standing with the State Bars of Arizona and California and I am admitted to practice and in good standing with the United States District Court for the District of Arizona and the United States District Court for the Northern, Central, and Eastern Districts of California. DECLARATION OF DAVID S. GINGRAS
CV10-01360 SVW

1 2 3 4 5 6 7 8 9 10 11 12 13
GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048

3.

Since July 2009, I have been employed as General Counsel for Plaintiff

Xcentric Ventures, LLC. In my capacity as counsel for Xcentric Ventures I have been involved in the litigation of this action since its inception. I have possession of Xcentric's files relating to this case, and I am personally familiar with the contents thereof. 4. On March 31, 2010 I received a letter from counsel for the plaintiffs in this

matter, a copy of which is attached hereto as Exhibit A. According to this letter, plaintiffs are seeking damages in excess of $75,000 in this matter.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. EXECUTED ON: April 5, 2010. /S/David S. Gingras David S. Gingras

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2 DECLARATION OF DAVID S. GINGRAS CV10-01360 SVW

1 2 3 4 5 6 7 8 9 10 11 12 13
GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048

CERTIFICATE OF SERVICE I hereby certify that on April 5, 2010 I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing, and for transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mr. Daniel F. Blackert, Esq. Asia Economic Institute 11766 Wilshire Blvd., Suite 260 Los Angeles, CA 90025 Attorneys for Plaintiffs

And a courtesy copy of the foregoing delivered to: Honorable Steven V. Wilson U.S. District Judge

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

/s/David S. Gingras

3 DECLARATION OF DAVID S. GINGRAS CV10-01360 SVW

Exhibit A