Calcar Inc. et al v. The California Cars Initiative, Inc. et al

Filing 40

1 JAMES C. PISTORINO (State Bar No. 226496) HOWREY LLP 2 1950 University Avenue, 4th Floor East Palo Alto, CA 94303 3 Telephone: [phone] Facsimile: [phone] 4 E-mail: [e-mail] 5 WILLIAM C. ROOKLIDGE (State Bar No. 134483) HOWREY LLP 6 4 Park Plaza, Suite 1700 Irvine, CA 92614-8557 7 Telephone: [phone] Facsimile: [phone] 8 E-mail: [e-mail] 9 Attorneys for Defendants THE CALIFORNIA CARS INITIATIVE, INC. 10 and FELIX KRAMER and Third Party DAVE BAGSHAW 11 12 13 14 15 16 CALCAR, INC., a California corporation; and AMERICAN CALCAR, INC., a Delaware 17 corporation, 18 19 v. Plaintiffs, Case No. 3:08-MC-80083 MHP (WDBx) Underlying Civil Action Pending in U.S. District Court for the Central District of California (Civil Action Case No. SACV07-00723) DECLARATION OF JAMES C. PISTORINO IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO SHORTEN TIME Honorable Wayne D. Brazil UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

20 THE CALIFORNIA CARS INITIATIVE, INC., an unknown business entity; and FELIX KRAMER, an 21 individual, 22 23 24 25 26 27 28
HOWREY LLP

Defendants.

DECLARATION OF JAMES C. PISTORINO IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO SHORTEN TIME

Case No. 3:08-MC-80083 MHP (WDBx)

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I, James C. Pistorino, declare as follows: 1. I make the following declaration based on my personal knowledge and of my own free

3 will. I am over 21 years of age. I am an attorney and partner at Howrey LLP and am admitted to 4 practice in the State of California. I represent Third Party Dave Bagshaw, Third Party Ron Gremban, 5 and Defendants The California Cars Initiative, Inc. and Felix Kramer in this action. The statements set 6 forth herein are based upon my own personal knowledge and I would testify as set forth if called as a 7 witness at trial. 8 2. Attached hereto as Exhibit A is a true and correct copy of an email from G. Warren

9 Bleeker to James Pistorino and William Rooklidge, dated June 30, 2008, enclosing a copy of Plaintiffs' 10 motion to compel and accompanying documents. 11 3. Attached hereto as Exhibit B is a true and correct copy of a letter from James C. Pistorino

12 to G. Warren Bleeker, dated May 18, 2008. 13 4. Attached hereto as Exhibit C is a true and correct copy of an excerpt from the transcript

14 of the deposition of Ronald Gremban, taken on June 19, 2008. 15 5. Attached hereto as Exhibit D is a true and correct copy of an excerpt of an email from

16 Brian Brookey to James Pistorino, dated June 26, 2008. 17 6. On June 19, 2008, I represented Ron Gremban during a deposition conducted by counsel

18 for Plaintiffs, Mr. Warren Bleeker. During the deposition, Mr. Bleeker laughed at Mr. Gremban in a 19 disrespectful manner when Mr. Gremban sought clarification as to what Mr. Bleeker meant by a "type" 20 of computer program. Because the deposition was not being videotaped, I noted Mr. Bleeker's conduct 21 on the record. 22 7. I understand that Mr. Dave Bagshaw has been traveling on a family vacation since last

23 week and I only have intermittent contact with him. Mr. Bagshaw has informed me that he will return 24 to the Bay Area after the July 4th holiday. I understand that Mr. Bagshaw does not have access to 25 facilities to print or scan documents. However, I communicated Mr. Bagshaw's declaration to him and 26 he affirmed the statements therein. Mr. Bagshaw authorized me to execute the declaration for him and 27 he affirmed that he will execute an original of the declaration upon his return. 28
HOWREY LLP

DECLARATION OF JAMES C. PISTORINO IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO SHORTEN TIME

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Case No. 3:08-MC-80083 MHP (WDBx)

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8.

I have previously scheduled out-of-town travel on July 7-9, July 20-21, and August 2-9.

2 Accordingly, I am not available to personally attend a hearing on this matter on those dates. Should the 3 Court proceed with a hearing on this matter, I respectfully request that it be scheduled for a day when I 4 can attend in person to represent Mr. Bagshaw. 5 I declare under penalty of perjury under the laws of the United States of America that the

6 foregoing is true and correct, and that this declaration was executed on this 1st day of July, 2008, at East 7 Palo Alto, California. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

/s/ James C. Pistorino JAMES C. PISTORINO

21318578
DECLARATION OF JAMES C. PISTORINO IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO SHORTEN TIME

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Case No. 3:08-MC-80083 MHP (WDBx)