Hepting et al v. AT&T Corp. et al

Filing 123

MOTION for Hearing re 122 MOTION to Intervene filed by United States of America. (Attachments: # 1 # 2)(Coppolino, Anthony) (Filed on 5/13/2006)

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PETER D. KEISLER Assistant Attorney General, Civil Division CARL J. NICHOLS Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch ANTHONY J. COPPOLINO Special Litigation Counsel [e-mail] ANDREW H. TANNENBAUM [e-mail] Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Washington, D.C. 20001 Phone: [phone] Fax: [phone] Attorneys for Intervenor Defendant United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) TASH HEPTING, GREGORY HICKS ) CAROLYN JEWEL, and ERIK KNUTZEN ) on Behalf of Themselves and All Others ) Similarly Situated, ) ) Plaintiffs, ) ) ) v. ) ) ) ) ) AT&T CORP., AT&T INC., and ) DOES 1-20, inclusive, ) ) Defendants. ) ____________________________________)

Case No. C 06-0672-VRW DECLARATION OF ANTHONY J. COPPOLINO IN SUPPORT OF ADMINISTRATIVE MOTION BY THE UNITED STATES OF AMERICA TO SET HEARING DATE FOR THE UNITED STATES' MOTIONS Judge: Courtroom: The Hon. Vaughn R. Walker 6, 17th Floor

DECLARATION OF ANTHONY J. COPPOLINO IN SUPPORT OF ADMINISTRATIVE MOTION TO SET HEARING DATE FOR THE UNITED STATES' MOTIONS BY THE UNITED STATES OF AMERICA Case No. C 06-0672-VRW

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I, ANTHONY J. COPPOLINO, declare as follows: 1. I am the Special Litigation Counsel in the Federal Programs Branch, Civil

Division, United States Department of Justice, and a member in good standing of the Bar of the District of Columbia. I represent the intervenor United States of America in this matter. I have personal knowledge of the facts stated in this Declaration. I make this Declaration in support of the Administrative Motion By The United States Of America To Set Hearing Date For The United States' Motions. 2. I contacted counsel for the parties to this action to ascertain their positions

regarding the United States' request to set the hearing date on its Motion To Intervene and on its Motion To Dismiss Or, In The Alternative, For Summary Judgment, for June 21, 2006 ­ the present hearing date for the Plaintiffs' Motion or Preliminary Injunction. Counsel for Defendants stated that Defendants do not oppose this motion. Counsel for Plaintiffs stated that Plaintiffs reserve their position whether to oppose the United States' request until the scheduling conference set for May 17, 2006, though counsel for Plaintiffs stated that Plaintiffs will likely oppose this request. 3. Thus, the United States has made a good-faith effort to resolve this matter without

intervention of the Court. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 12, 2006, at Washington, D.C.

s/Anthony J. Coppolino ANTHONY J. COPPOLINO

DECLARATION OF ANTHONY J. COPPOLINO IN SUPPORT OF ADMINISTRATIVE MOTION TO SET HEARING DATE FOR THE UNITED STATES' MOTIONS BY THE UNITED STATES OF AMERICA -2Case No. C 06-0672-VRW