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

Filing 43

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 Attorneys for Third Party DAVE BAGSHAW 6 7 8 9 10 11 12 CALCAR, INC., a California corporation; and AMERICAN CALCAR, INC., a Delaware 13 corporation, 14 15 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 THIRD PARTY DAVE BAGSHAW'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL DEPOSITION TESTIMONY AND COUNTERMOTION FOR PROTECTIVE ORDER Date: August 6, 2008 Time: 4:00 p.m. Courtroom: 4, 3rd Floor Honorable Wayne D. Brazil UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

16 THE CALIFORNIA CARS INITIATIVE, INC., an unknown business entity; and FELIX KRAMER, an 17 individual, 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Defendants.

DECLARATION OF JAMES C. PISTORINO ISO BAGSHAW'S OPPOSITION TO MOTION TO COMPEL DEPOSITION TESTIMONY

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 1 is a true and correct copy of an excerpt from U.S. Patent No.

9 6,175,782 B1 for an invention entitled "System And Method For Adjusting Climate Control In 10 Vehicles," issued on January 16, 2001. 11 3. Attached hereto as Exhibit 2 is a true and correct copy of an excerpt from the transcript

12 of the hearing on Defendants' Ex Parte Application for Discovery Sanctions, held on June 30, 2008 in 13 the underlying action pending in the United States District Court for the Central District of California, 14 Case No. 8:07-cv-00723-AG-JWJ. 15 4. Attached hereto as Exhibit 3 is a true and correct copy of an excerpt of an email from

16 Brian Brookey to William Rooklidge, dated June 26, 2008. 17 I declare under penalty of perjury under the laws of the United States of America that the

18 foregoing is true and correct, and that this declaration was executed on this 16th day of July, 2008, at 19 East Palo Alto, California. 20 21 22 23 24 25 26 27 28
HOWREY LLP

/s/ James C. Pistorino JAMES C. PISTORINO

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DECLARATION OF JAMES C. PISTORINO ISO BAGSHAW'S OPPOSITION TO MOTION TO COMPEL DEPOSITION TESTIMONY

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