Southern California Institute of Law v. TCS Education System et al

Filing 65

DECLARATION of George A. Shohet in opposition to MOTION to Dismiss Plaintiff's First Amended Complaint 49 , MOTION to Dismiss 3,4,5 COA MOTION to Dismiss Defendant David J. Figuli, Global Equities, Ltd. 48 filed by Plaintiff Southern California Institute of Law. (Shohet, George)

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George A. Shohet SBN 112697
LAW OFFICES OF GEORGE A. SHOHET,
A PROFESSIONAL CORPORATION
245 Main Street, Suite 310
Venice, CA 90291-5216
Tel.: [phone]
Fax: [phone]

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Gretchen M. Nelson SBN 112566
KREINDLER & KREINDLER LLP
707 Wilshire Blvd, Suite 4100
Los Angeles, CA 90017
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiff
Southern California Institute of Law

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN CALIFORNIA
INSTITUTE OF LAW, a California
corporation,

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Plaintiff,
vs.

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TCS EDUCATION SYSTEM, an
Illinois corporation; DAVID J.
FIGULI, an individual; and GLOBAL
EQUITIES, LTD. d/b/a HIGHER
EDUCATION GROUP, a Colorado
limited liability company,
Defendants.

CASE NO.: CV10-8026 JAK (AJWx)
[Assigned to Hon. John A. Kronstadt]
 DECLARATION OF GEORGE A.
SHOHET REGARDING SHORT
DELAY IN FILING PLAINTIFF'S
MEMORANDUM OF POINTS AND
AUTHORITIES IN OPPOSITION TO
DEFENDANTS' MOTIONS TO
DISMISS
Action Filed: Oct. 25, 2010
Hearing Date: August 8, 2011
Time: 1:30 p.m.
Courtroom: 750

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DECLARATION OF GEORGE A. SHOHET REGARDING SHORT DELAY IN FILING PLAINTIFF'S
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS

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I, George A. Shohet, declare:

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I am an attorney licensed to practice in the courts of California and a

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member of the Bar of this Court. I make this declaration for the purpose of

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explaining the short delay in filing Plaintiff's Memorandum of Points and

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Authorities in Opposition to Defendants' Motions to Dismiss ("Opposition Brief").

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I have personal knowledge of the facts set forth herein and, if called as a witness,

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could and would competently testify about them.

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2.

Pursuant to Local Rule 7-9, the Opposition Brief was due to be filed

on or before July 18, 2011. I worked on the Opposition Brief diligently, but was

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unable to complete the brief until the following day. It was filed at

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approximately1:30 p.m. on July 19, 2011, thirteen and one half hours late. The

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filing delay was largely due to formating problems which developed late in the day

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on July 18 as I tried to integrete the portion of the brief prepared by my co-counsel

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into the main brief. At the time, my assistant who may have been able to resolve

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the problem was visiting her family on the east coast. On the morning of July 19,

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2011, through e-mail correspondence with my assistant, I was able to resolve the

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issues and convert the Opposition Brief into a PDF document . The table of

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contents was then manually prepared rather than electronically generated because

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the software would still not allow us to do so. The brief was promptly filed

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thereafter.

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3.

The defendants raised the late filing issue in their reply memoranda

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even though it is clear that they were not prejudiced and the late filing was not

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"wilful, grossly negligent or reckless," which is the basis for a sanctions award.

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Local Rules 7-13 and 83-7. Defendants timely filed thier reply memoranda. I

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contacted counsel for the defendants to apologize for the delay and inquired if they

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needed any additional time or wanted to supplement the replies. I was told by their

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respective counsel that such accomodations were unnecessary.

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________________________________________2_____________________________________
DECLARATION OF GEORGE A. SHOHET REGARDING SHORT DELAY IN FILING PLAINTIFF'S
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS

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4.

Although there is no prejudice to the defendants due to the short delay

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in filing the Opposition Brief, plaintiff's counsel regret any inconvenience the

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delay may have caused the Court or the parties.

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I declare under penalty of perjury under the laws of the United States of

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America that the foregoing is true and correct. Executed July 27, 2011 at Los

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Angeles, California.

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George A. Shohet

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________________________________________2_____________________________________
DECLARATION OF GEORGE A. SHOHET REGARDING SHORT DELAY IN FILING PLAINTIFF'S
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who have

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consented to electronic service are being served with a copy of the foregoing

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document via Central District of California CM/ECF system on July 27, 2011.

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____/s/ George A. Shohet_______________

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____________________________________________________________________________________________
CERTIFICATE OF SERVICE