Southern California Institute of Law v. TCS Education System et al
Filing
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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.: (310) 452-3176
Fax: (310) 452-2270
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Gretchen M. Nelson SBN 112566
KREINDLER & KREINDLER LLP
707 Wilshire Blvd, Suite 4100
Los Angeles, CA 90017
Tel.: (213) 622-6469
Fax: (213) 622-6019
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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
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