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

Filing 311

Declaration of Jacob R. Sorensen in Support of 310 MOTION to Stay PENDING DETERMINATION OF AT&T CORP.'S MOTION TO STAY filed byAT&T Corp.. (Related document(s) 310 ) (Ericson, Bruce) (Filed on 7/27/2006)

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PILLSBURY WINTHROP SHAW PITTMAN LLP BRUCE A. ERICSON #76342 DAVID L. ANDERSON #149604 JACOB R. SORENSEN #209134 MARC H. AXELBAUM #209855 BRIAN J. WONG #226940 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 Telephone: [phone] Facsimile: [phone] Email: [e-mail] SIDLEY AUSTIN LLP DAVID W. CARPENTER (admitted pro hac vice) BRADFORD A. BERENSON (admitted pro hac vice) DAVID L. LAWSON (admitted pro hac vice) EDWARD R. McNICHOLAS (admitted pro hac vice) 1501 K Street, N.W. Washington, D.C. 20005 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants AT&T CORP. and AT&T INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

TASH HEPTING, GREGORY HICKS, CAROLYN JEWEL and ERIK KNUTZEN on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, vs. AT&T CORP., AT&T INC. and DOES 1-20, inclusive, Defendants.

No. C-06-0672-VRW DECLARATION OF JACOB R. SORENSEN IN SUPPORT OF ADMINISTRATIVE MOTION FOR INTERIM STAY PENDING DETERMINATION OF AT&T CORP.'S MOTION TO STAY [Civ. L.R. 7-11] Courtroom: 6, 17th Floor Judge: Hon. Vaughn R. Walker

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Declaration of Jacob R. Sorensen ISO Motion for Interim Stay No. C-06-0672-VRW

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I, JACOB R. SORENSEN, declare as follows: 1. I am an attorney in good standing with the State Bar of California and the

bar of this Court, and am a senior associate with the law firm of Pillsbury Winthrop Shaw Pittman LLP, counsel for defendant AT&T CORP. ("AT&T") and also for specially appearing defendant AT&T INC. I have personal knowledge of the facts stated in this declaration and, if called as a witness, could competently testify thereto. I make this Declaration in Support of the Administrative Motion for Interim Stay Pending Determination of AT&T Corp.'s Motion to Stay. 2. On July 27, 2006, my colleague David Anderson and I spoke via telephone

with Kurt Opsahl of the Electronic Frontier Foundation, counsel for plaintiffs. Mr. Anderson and I asked whether plaintiffs would stipulate to an interim stay pending the Court's determination of a motion for stay pending appeal that AT&T intends to file on July 31. During the telephone call, Mr. Opsahl stated that he needed to discuss our request with his colleagues before responding. 3. Later on July 27, I received an email from Mr. Opsahl stating that plaintiffs

would not stipulate to an interim stay. 4. Despite AT&T's good-faith efforts to resolve the dispute over this issue

without court intervention, it was unable to reach agreement with plaintiffs. Hence this administrative motion. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 27, 2006, at San Francisco, California. /s/ Jacob R. Sorensen Jacob R. Sorensen

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Declaration of Jacob R. Sorensen ISO Motion for Interim Stay No. C-06-0672-VRW