Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 315

Transcript of Proceedings held on 4/29/09, before Judge Marilyn H. Patel. Court Reporter/Transcriber Katherine Sullivan. FILED UNDER SEAL (gba, COURT STAFF) (Filed on 5/1/2009)

Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Doc. 315

1 WILLIAM T. MULVIHILL, ESQ. (#77528) JOANNA C. MAINO, ESQ. (#187249) 2 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation 3 555 12th Street, Suite 1800 P. O. Box 12925 4 Oakland, CA 94604-2925 Telephone: [phone] Facsimile: [phone] email: [e-mail] 6 email: [e-mail] 7 Attorneys for Defendant AMERICAN HOUSEHOLD, INC., 8 formerly known as SUNBEAM CORPORATION 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C05-01974 BZ DECLARATION OF JOANNA C. MAINO RE: SUBSTITUTION OF COUNSEL ON BEHALF OF PLAINTIFF

12 SAFECO INSURANCE COMPANY OF AMERICA, 13 Plaintiff, 14 vs. 15 SUNBEAM CORPORATION and DOES 116 25, 17 18 19 Defendants. I, Joanna C. Maino, declare as follows: 1.

Complaint Filed:

January 18, 2005

I am an attorney at law duly licensed to practice law before all the courts of the

20 State of California, and before the United States District Court, Northern District of California. I 21 am an attorney with the law firm of Boornazian, Jensen & Garthe, attorneys of record for 22 defendant AMERICAN HOUSEHOLD, INC., formerly known as SUNBEAM CORPORATION. 23 2. Unless specifically stated to be made upon information and belief, I possess

24 personal knowledge of the matters set forth herein and, if called upon as a witness in this matter, I 25 could and would competently testify thereto. 26 3. On May 13, 2005 I caused to be filed with the United States District Court,

27 Northern District of California, Notice of Removal, pursuant to 28 U.S.C. §1441(b), and Demand 28 for Jury Trial in this action. On this date, these documents were served by mail to O'Hara Barnes,
BOORNAZIAN, JENSEN & GARTHE
555 12TH STREET SUITE 1800 OAKLAND, CA 94607 [phone]

-1DEC. OF J. MAINO RE: SUBSTITUTION OF COUNSEL FOR PLAINTIFF - Case No. C05-01974 BZ
Dockets.Justia.com

1 LLP, counsel of record for plaintiff Safeco Insurance Company of America according to the suit 2 papers served on Sunbeam Corporation. 3 4. On May 16, 2005 my office was contacted by O'Hara Barnes, LLP and informed

4 that a Substitution of Counsel had been previously filed with the Contra Costa County Superior 5 Court and that O'Hara Barnes, LLP was no longer counsel of record for plaintiff Safeco. The 6 Substitution of Counsel was not served on Sunbeam Corporation with the initial suit papers and 7 this telephone call from O'Hara Barnes, LLP was defendant AMERICAN HOUSEHOLD, INC.'S 8 first notice of the Substitution of Counsel. My office requested that O'Hara Barnes, LLP fax a 9 copy of the Substitution of Counsel. Per the Substitution of Counsel, new counsel for plaintiff 10 Safeco is: Brian S. Letofsky, Esq., Pierce & Weiss, LLP, 451 West Lincoln Avenue, Suite B100, 11 Anaheim, CA 92805, Tel. [phone] Counsel is attached hereto as Exhibit A. 13 5. On May 17, 2005, I caused my office to serve by mail on new counsel for Safeco A true and correct copy of said Substitution of

14 copies of all of the removal documents filed in the United States District Court, Northern District 15 of California, on May 13, 2005, and also filed an Amended Certificate of Service of the Notice of 16 Removal and Demand for Jury. In addition, on May 17, 2005 my office filed and served on 17 Safeco's new counsel Notice to Adverse Party of Removal of Action, as well as copies of the each 18 of the federal court registration and initiating documents received at the time the Notice of 19 Removal was filed. 20 I declare under penalty of perjury under the laws of the State of California that the

21 foregoing is true and correct. 22 23 24 25 26 27 28
BOORNAZIAN, JENSEN & GARTHE
555 12TH STREET SUITE 1800 OAKLAND, CA 94607 [phone]

Executed on this 27th day of May 2005 at Oakland, California. /s/ __________________________________ JOANNA C. MAINO Attorneys for Defendant AMERICAN HOUSEHOLD, INC., formerly known as SUNBEAM CORPORATION
23812/348806

CERTIFICATE OF SERVICE
-2DEC. OF J. MAINO RE: SUBSTITUTION OF COUNSEL FOR PLAINTIFF - Case No. C05-01974 BZ

1 2 3 Jacquelyn S. Lewis certifies and declares as follows: I am over the age of 18 years and not a party to the within action. My business address is

4 555 12th Street, Suite 1800, P. O. Box 12925, Oakland, California 94604-2925 which is located in 5 the city, county and state where the mailing described below took place. 6 On May 27, 2005 I deposited in the United States Mail at Oakland, California, a copy of

7 the DECLARATION OF JOANNA C. MAINO RE: SUBSTITUTION OF COUNSEL ON 8 BEHALF OF PLAINTIFF dated May 27, 2005 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
BOORNAZIAN, JENSEN & GARTHE
555 12TH STREET SUITE 1800 OAKLAND, CA 94607 [phone]

Brian S. Letofsky, Esq. Pierce & Weiss, LLP 451 West Lincoln Avenue, Suite B100 Anaheim, CA 92805 Tel: [phone]

Attorney for Plaintiff

I certify under penalty of perjury that the foregoing is true and correct. Executed on May 27, 2005. /s/ _____________________________ Jacquelyn S. Lewis

SIGNATURE ATTESTATION I hereby attest that I have on file all holographic signatures for any signature indicated by a "conformed" signature (/s/) within this efiled document.

/s/_______________________________ Joanna C. Maino

-3DEC. OF J. MAINO RE: SUBSTITUTION OF COUNSEL FOR PLAINTIFF - Case No. C05-01974 BZ