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

Filing 284

TRANSCRIPT of Proceedings held on 6/23/2006 before Judge Vaughn R. Walker. Court Reporter: Connie Kuhl.. (gsa, COURT STAFF) (Filed on 6/27/2006)

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JAMES F. McCABE (CA SBN 104686) JMcCabe@mo fo.com JAMES R. McGUIRE (CA SBN 189275) JMcGuire@mo fo.com RITA F. LIN (CA SBN 236220) RLin@mo fo.com SARAH E. GRISWOLD (CA SBN 240326) SGriswo ld@mo fo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415-268-7522 JAMES A. MURPHY (pro hac vice) [e-mail] CAMERON S. MATHESON (pro hac vice) [e-mail] LECLAIR RYAN 951 East Byrd Street, 8th Floor P.O. Box 2499 Richmo nd, Virginia 23218-2499 Telephone: [phone] Facsimile: 804-783-2294 Attorneys for Defendants CAPITAL ONE BANK and CAPITAL ONE FINANCIAL CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DAVID VAN SLYKE, et al., On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. CAPITAL ONE BANK, CAPITAL ONE FINANCIAL CORPORATION and DOES 1100, inclusive, Defendants. Case No. C07-0671 WHA (EDL) CLASS ACTION DECLARATION OF MIA MAZZA IN SUPPORT OF DEFENDANT CAPITAL ONE BANK'S MOTION TO SHORTEN TIME ON MOTION FOR DISCOVERY SANCTIONS AS TO FRANKLIN CHAN Hon. Elizabeth D. Laporte Complaint filed: Feb. 1, 2007

MAZZA DECL. ISO CAPITAL ONE BANK'S MOTION TO SHORTEN TIME CASE NO. C07-0671 WHA (EDL) sf-2377158

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I, Mia A. Mazza, declare as follows: 1. I am a partner in the law firm of Morrison & Foerster LLP, counsel of record for

Capital One. I am licensed to practice law in the State of California and before this Court. I submit this Declaration in support of the Motion to Shorten Time on Motion for Discovery Sanctions as to Franklin Chan ("Motion") filed by Capital One Bank ("Capital One") herewith. I have personal knowledge of the matters stated herein, except for any items stated on information and belief, which I am informed and believe are true. If called as a witness I could and would competently testify to the matters set forth herein. 2. At approximately 2:52 p.m. on August 22, 2007, I sent a letter by facsimile and

email to counsel for Franklin Chan, Jacqui Mottek of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, asking for Mr. Chan's stipulation to the expedited schedule requested in the Motion. I also called Ms. Mottek to discuss this matter but I was told that she was out of the office. As of 11:00 p.m., I have not received a response to the letter. 3. There have been no time modifications by either stipulation or court order with

respect to the Motion. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on August 22, 2007, at San Francisco, California. /s/ Mia A. Mazza Mia A. Mazza

MAZZA DECL. ISO CAPITAL ONE BANK'S MOTION TO SHORTEN TIME CASE NO. C07-0671 WHA (EDL) sf-2377158

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