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

Filing 92

REPLY by Kamehameha Schools/Bernice Pauahi Bishop Estate, J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, Corbett A.K. Kalama to RESPONSE to 77 Motion to Transfer. (Attachments: # 1 Declaration of Paul Alston, # 2 Exhibit 1, # 3 Exhibit 2)(Alston, Paul)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC GRANT, Plaintiff, v. 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; JOHN DOE; and JANE DOE, Defendants. And Related Cross and Counterclaims. DECLARATION OF PAUL ALSTON IN SUPPORT OF THE KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAI`I PURSUANT TO 28 U.S.C. § 1404 I, Paul Alston, declare as follows: 1. I am a shareholder and director in the law firm of Alston Hunt Floyd & No. 08-00672 FCD-KJM DECLARATION OF PAUL ALSTON IN SUPPORT OF THE KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAII PURSUANT TO 28 U.S.C. § 1404 Date: October 31, 2008 Time: 10:00 a.m. Courtroom: 2 Before: Hon. Frank C. Damrell, Jr.

Ing, co-counsel in this action for defendants and cross-claim defendants Kamehameha Schools/Bernice Pauahi Bishop Estate 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. On October 21, 2008, Eric Grant and I appeared before Magistrate Judge

Barry M. Kurren to argue a motion in Jacob Doe v. Kamehameha Schools, Civ. No. 08-00359 MJS-BMK (D. Haw.). That case involves a challenge to KS's admissions preference policies which is identical to the one that Mr. Grant and Mr. Goemans pursued on behalf of John Doe and Jane Doe in the case underlying the Settlement Agreement. If this case were transferred to

DECLARATION OF PAUL ALSTON IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAII PURSUANT TO 28 U.S.C. § 1404 692615-2/8348-4

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Hawai`i, KS would do everything reasonably possible to coordinate discovery and hearing schedules to reduce the number of trips Mr. Grant would have to make to Hawai`i. 4. On October 23, 2008, John Goemans and Ken Kuniyuki, one of the Does'

counsel, placed a joint call to me. In that call, which was recorded as a voicemail, Mr.Goemans (whose voice I recognized from past conversations) said he has been in a hospital in Los Angeles for the last month and he remains in the hospital. Earlier today (October 24, 2008), I received another call from Mr. Goemans and Mr. Kuniyuki. Mr. Goemans said, among other things, that he is still in the hospital; that he does not know when he will leave; and that he intends to stay in California. He also said that he was admitted to the hospital shortly after he traveled from Hawai`i (where he had been living for a month or two) to California to participate in a deposition (as the witness). 5. On October 23, 2008, I viewed the website of the Hawai`i State Bar

Association and confirmed that John Goemans remains an active member of the Hawai`i bar. See Exhibit 1, attached. The address reflected in the records of the bar association is "120 S. Reeves Dr. Beverly Hills, California." That, apparently, is the address of the Beverly Hills Reeves Hotel. See Exhibit 2, attached (a true and correct copy of a page from the website of "trip advisor.com," which was found in response to "Googling" that address). I declare under penalty of law that the foregoing is true and correct. DATED: Honolulu, Hawai`i, October 24, 2008.

/s/ Paul Alston PAUL ALSTON (original signature retained by Paul Alston)

DECLARATION OF PAUL ALSTON IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAII PURSUANT TO 28 U.S.C. § 1404 692615-2/8348-4

2