Tarikh Demekpe v. California State University Dominguez Hills et al

Filing 21

NOTICE OF MOTION AND First MOTION for Summary Judgment as to Genuine Issue of Material Fact filed by defendant Board of Trustees of The California State University. Motion set for hearing on 11/21/2011 at 10:00 AM before Judge Dean D. Pregerson. (At tachments: # 1 Statement of Uncontroverted Facts, # 2 Proposed Order Proposed Order Granting Summary Judgment, # 3 Proposed Judgment, # 4 Declaration Declaration of Ginger Wilson, # 5 Declaration Declaration of Anupama Joshi, # 6 Declarat ion Declaration of Dr. Clarence "Gus" Martin, # 7 Declaration Declaration of Dr. S. Noel Sturm, # 8 Declaration Declaration of Dr. William R. Whetstone, # 9 Declaration Declaration of Dr. Miguel Dominguez, # 10 Declaration Declaration of Susan Westover, # 11 Exhibit Exhibits in Support of MSJ, Volume I, # 12 Exhibit Exhibits in Support of MSJ, Volume II, # 13 Exhibit Exhibits in Support of MSJ, Volume III)(Westover, Susan)

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CALIFORNIA STATE UNIVERSITY
OFFICE OF GENERAL COUNSEL
Christine Helwick (SBN 057274)
Susan Westover (SBN 151211)
401 Golden Shore, 4th Floor
Long Beach, CA 90802-4210
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant Board of Trustees
of the California State University

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TARIKH DEMEKPE,
Plaintiff,

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vs.
BOARD OF TRUSTEES OF THE
CALIFORNIA STATE
UNIVERSITY,
Defendant.

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Case No. CV11-1177 DDP (MLG)
Date:
Time:
Courtroom:
Judge:

November 21, 2011
10:00 a.m.
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Hon. Dean D. Pregerson

DECLARATION OF SUSAN WESTOVER
IN SUPPORT OF DEFENDANT CSU'S
MOTION FOR SUMMARY JUDGMENT
Date of Filing:
Trial Date:

February 23, 2011
Not Set

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I, Susan Westover, declare as follow:

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1.

I am an attorney who is licensed to practice in California and am admitted

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to the Central District. I am employed as University Counsel at CSU’s Office of

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General Counsel. I am the attorney handling the defense of this case.

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2.

On July 18, 2011, my office served CSU’s request for production of

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documents to plaintiff Tarikh Demekpe. A true and correct copy of that request is

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submitted as CSU’s Exhibit 57.

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3.

On September 5, 2011, plaintiff served his written response to CSU’s

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request for production of documents. A true and correct copy of that response, as well

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as the image of the envelope in which it arrived, is submitted as CSU’s Exhibit 58.
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MSJ: DEC. OF SUSAN WESTOVER

Case No.: CV11-1177 DDP (MLG)

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4.

Before and after plaintiff served his written response to the request for

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production, he randomly mailed me six sets of documents he was intending to produce

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in response to CSU’s request for production. A true and correct copy of the first set of

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documents, including the image of the envelope in which it arrived, is submitted as

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CSU’s Exhibit 59.

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5.

A true and correct copy of the second set of documents, including the

image of the envelope in which it arrived, is submitted as CSU’s Exhibit 60.
6.

A true and correct copy of the third set of documents, including the image

of the envelope in which it arrived, is submitted as CSU’s Exhibit 61.
7.

A true and correct copy of the fourth set of documents, including the image

of the envelope in which it arrived, is submitted as CSU’s Exhibit 62.
8.

A true and correct copy of the fifth set of documents, including the image

of the envelope in which it arrived, is submitted as CSU’s Exhibit 63.
9.

A true and correct copy of the sixth set of documents, including the image

of the envelope in which it arrived, is submitted as CSU’s Exhibit 64.
10.

Mr. Demekpe also made an informal production of documents earlier in

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this case, when we met in person to exchange documents and attempt informal

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resolution of this matter. True and correct copies of the four emails he informally

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produced to me in person when we met are collectively submitted as Exhibit 65.

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I declare under penalty of perjury under the laws of the State of California that

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this declaration is true and correct. Signed on October 12, 2011, at Long Beach,

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California.

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Susan Westover

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MSJ: DEC. OF SUSAN WESTOVER

Case No.: CV11-1177 DDP (MLG)

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PROOF OF SERVICE
Demekpe v. Board of Trustees of the California State University
U.S. District Court Case No.: CV11-1177 DDP (MLG)
OGC No.: 11-0186
I, Jason T. Taylor, declare as follows:
I am employed in the County of Los Angeles, State of California. I am at least 18 years
old, and not a party to this action. I am an employee of California State University,
Office of General Counsel, whose business address is 401 Golden Shore, 4th Floor,
Long Beach, CA 90802-4210.

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On October 17, 2011, I served the document described as DECLARATION OF
SUSAN WESTOVER IN SUPPORT OF DEFENDANT CSU’S MOTION FOR
SUMMARY JUDGMENT on the interested parties in this action as follows:
Tarikh Demekpe
688 Caliburn Drive, #24
Los Angeles, CA 90001

Plaintiff In Pro Per
[e-mail]
Tel: [phone]

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BY MAIL—COLLECTION BOX: I placed each document in a sealed envelope
with postage fully prepaid, in the California State University Office of General
Counsel’s mail collection box in Long Beach, California, so that following
ordinary business practices, the envelope would be collected and mailed on this
date. I am readily familiar with this office's business practice for collection and
processing of mail. In the ordinary course of business, each document would be
deposited with the United States Postal Service on that same day.
BY E-MAIL: I served each document on the parties by emailing each document
in PDF format to each email address listed above. Each e-mail was successfully
sent via CSU’s email server.
Signed on October 17, 2011, at Long Beach, California. I declare under penalty of
perjury under the laws of the State of California that this declaration is true and correct.

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Jason T. Taylor
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MSJ: DEC. OF SUSAN WESTOVER

Case No.: CV11-1177 DDP (MLG)