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

Filing 90

DECLARATION of David S. Gingras In Support of Defendants' Opposition EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Enforce Order to Compel Continued Deposition of Defendant Edward Magedson EX PARTE APPLICATION for Sanctions Local Rule 83.7, Local Rule 37-4, and this Court's inherent authority EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 87 filed by Defendants Edward Magedson, Xcentric Ventures LLC. (Attachments: # 1 Exhibit Plaintiffs First Set of Requests For Production, # 2 Exhibit Plaintiffs' Response To Defendants' Initial Requests For Production, # 3 Exhibit Tentative Ruling)(Gingras, David)

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Asia Economic Institute et al v. Xcentric Ventures LLC et al Doc. 90 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.: (480) 639-4996 Fax: (480) 668-3623 David.Gingras@webmail.azbar.org Maria Crimi Speth, (Admitted Pro Hac Vice) Jaburg & Wilk, P.C. 3200 N. Central Ave., Suite 2000 Phoenix, AZ 85012 Tel: (602) 248-1000 Fax: (602) 248-0522 mcs@jaburgwilk.com Attorneys for Defendants Xcentric Ventures, LLC and Edward Magedson 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 DECLARATION OF DAVID S. GINGTAS ISO DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE MOTION FOR RULE 56(f) RELIEF Dockets.Justia.com 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-RSWL-PJW DECLARATION OF DAVID S. GINGRAS IN SUPORRT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE MOTION FOR RULE 56(f) RELIEF Trial Date: August 3, 2010 Time: 1:30 PM Courtroom: 6 (Hon. Stephen Wilson) 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 I, David S. Gingras declare as follows: 1. My name is David Gingras. I am a United States citizen, a resident of the if State of Arizona, am over the age of 18 years, and 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. 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Xcentric's files relating to this case, and I am familiar with the contents thereof. 4. Attached hereto as Exhibit A is a copy of Plaintiffs' First Set of Requests I received this For Production [Of Documents] to Defendant Xcentric Ventures, LLC. pleading for the first time on June 22, 2010. 5. Attached hereto as Exhibit B is a copy of discovery responses I received from Plaintiffs in response to Defendants Initial Set of Requests For Production of Documents. As reflected at page 2, 2 of the responses, Plaintiffs objected to the discovery requests on the basis that "they were prematurely served ... ." 6. Attached hereto as Exhibit C is a copy of Magistrate Walsh's tentative ruling dated June 24, 2010 in which the court denied Plaintiffs' request for a third deposition of Ed Magedson. 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: July 9, 2010. /S/David S. Gingras David S. Gingras 2 DECLARATION OF DAVID S. GINGTAS ISO DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE MOTION FOR RULE 56(f) RELIEF 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 July 9, 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: Ms. Lisa Borodkin, Esq. 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 Stephen V. Wilson U.S. District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF DAVID S. GINGTAS ISO DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE MOTION FOR RULE 56(f) RELIEF /s/David S. Gingras

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