Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 80

MEMORANDUM by Kamehameha Schools/Bernice Pauahi Bishop Estate, J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, Corbett A.K. Kalama in SUPPORT of 50 MOTION to DISMISS. SUPPLEMENTAL MEMORANDUM (Attachments: # 1 Declaration of Paul Alston, # 2 Exhibit 25)(Alston, Paul)

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ALSTON HUNT FLOYD & ING PAUL ALSTON (Admitted Pro Hac Vice) LOUISE K. Y. ING (Admitted Pro Hac Vice) CLYDE J. WADSWORTH (SBN 118928) [e-mail] [e-mail] [e-mail] American Savings Bank Tower 1001 Bishop Street, 18th Floor Honolulu, HI 96813 Telephone: [phone] Facsimile: [phone] BINGHAM McCUTCHEN LLP CHARLENE S. SHIMADA (SBN 91407) JOHN D. PERNICK (SBN 155468) ROBERT BRUNDAGE (SBN 159890) [e-mail] [e-mail] [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Cross-claim Defendants KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ERIC GRANT, Plaintiff, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; et al., Defendants. And Related Cross and Counterclaims.

CASE NO. 2:08-cv-00672-FCD-KJM DECLARATION OF PAUL ALSTON IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO DISMISS FILED JULY 9, 2008; EXHIBIT 25 Date: October 31, 2008 Time: 10:00 a.m. Courtroom: 2 Before: Hon. Frank C. Damrell, Jr.

686,604/ 8348-4

DECLARATION OF PAUL ALSTON IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO DISMISS FILED JULY 9, 2008 CASE NO. 08-00672 FCD-KJM

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DECLARATION OF PAUL ALSTON IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO DISMISS FILED JULY 9, 2008 I, PAUL ALSTON, declare as follows: 1. I am a shareholder and director in the law firm of Alston Hunt Floyd & Ing, co-counsel in

this action for defendants and cross-claim defendants Kamehameha Schools/Bernice Pauahi Bishop and J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, and Corbett A.K. Kalama in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate (collectively "KS"). 2. I make this declaration based upon personal knowledge and am competent to testify to

the matters stated in this declaration. 3. Attached as Exhibit 25 is a true and correct copy of the Complaint which my firm filed

on behalf of KS against John Doe and Jane Doe in the Third Circuit Court of the State of Hawaii, on August 6, 2008. The Complaint arises out of the Does' breach of the confidentiality provisions of their settlement agreement with KS, the same settlement agreement which is the subject of this pending suit filed by Eric Grant. I declare under penalty of perjury of law that the foregoing is true and correct. DATED: Honolulu, Hawai`i, August 29, 2008. /s/ Paul Alston PAUL ALSTON (original signature retained by Paul Alston)

686,604/ 8348-4

DECLARATION OF PAUL ALSTON IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO DISMISS FILED JULY 9, 2008 CASE NO. 08-00672 FCD-KJM

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