Simon v. Adzilla, Inc [New Media] et al

Filing 299

Simon v. Adzilla, Inc [New Media] et al

Doc. 299

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CHRIS A. HOLLINGER (S.B. #147637) CHRISTOPHER T. SCANLAN (S.B. #211724) NICOLE M. FRIEDENBERG (S.B. #226884) O'MELVENY & MYERS LLP Embarcadero Center West 275 Battery Street San Francisco, CA 94111-3305 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants America West Airlines, Inc. and Douglas Stolls UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KELLY GREENFIELD, Plaintiff, v. AMERICA WEST AIRLINES, INC., a Corporation and DOUGLAS STOLLS, an Individual, Defendants.

Case No. C-03-5183 MHP SUPPLEMENTAL DECLARATION OF CHRISTOPHER T. SCANLAN IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT Hearing Date: March 21, 2005 Time: 2:00 p.m. Courtroom: 15, 18th Floor Judge: Hon. Marilyn Hall Patel Judge: Hon. Marilyn Hall Patel

I, Christopher T. Scanlan, state: 1. I am an attorney at the law firm of O'Melveny & Myers LLP,

counsel of record for America West Airlines, Inc. ("America West") and Douglas Stolls ("Stolls"), the Defendants herein. By virtue of my representation of America West and Stolls, I have personal knowledge of the matters set forth below, and could and would testify to them competently if called as a witness. 2. I took Plaintiff's deposition in this matter on April 30, 2004 and

caused a certified transcript of the proceedings in that deposition to be made. Spherion Deposition Services ("Spherion") made the transcript of Plaintiff's deposition. On May 13, 2004, Spherion sent a letter to Plaintiff, with a copy to me, informing Plaintiff that she
SUPPLEMENTAL DECLARATION OF CHRISTOPHER T. SCANLAN C-03-5183 MHP

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had thirty (30) days to submit corrections to her transcript. This letter is attached as Exhibit A. Attached as Exhibit B is a June 24, 2004 letter from Spherion, informing me that Plaintiff did not sign or submit any corrections to her transcript wi thin the specified thirty (30) day period. 3. A true and correct copy of Plaintiff's original Complaint in this

matter, filed on or about November 21, 2003, is attached as Exhibit C. 4. Any portions of the transcripts of deposition testimony not included

herewith were either previously filed as exhibits to my initial Declaration in support of Defendants' Motion for Partial Summary Judgment or filed by Plaintiff in support of her Opposition to Defendants' motion. 5. I took Plaintiff's deposition in this matter on April 30, 2004 and

caused a certified transcript of the proceedings in that deposition to be made. I have reviewed that transcript and recognize it to be a fair and accurate transcription of those proceedings. A true and correct copy of those portions of the transcript not previously provided by the parties in conjunction with this motion, but which are now cited in our reply brief, filed concurrently herewith, are attached (along with any exhibits thereto specifically cited) as Exhibit D. 6. I took Peter Tamaya's deposition in this matter on September 27,

2004 and caused a certified transcript of the proceedings in that deposition to be made. I have reviewed that transcript and recognize it to be a fair and accurate transcription of those proceedings. A true and correct copy of those portions of the transcript not previously provided by the parties in conjunction with this motion, but which are now cited in our reply brief, filed concurrently herewith, are attached (along with any exhibits thereto specifically cited) as Exhibit E. 7. I took Rechard Williams' deposition in this matter on September 28,

2004 and caused a certified transcript of the proceedings in that deposition to be made. I have reviewed that transcript and recognize it to be a fair and accurate transcription of those proceedings. A true and correct copy of those portions of the transcript not 2
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previously provided by the parties in conjunction with this motion, but which are now cited in our reply brief, filed concurrently herewith, are attached (along with any exhibits thereto specifically cited) as Exhibit F. 8. I took David Smith's deposition in this matter on November 5, 2004

and caused a certified transcript of the proceedings in that deposition to be made. I have reviewe d that transcript and recognize it to be a fair and accurate transcription of those proceedings. A true and correct copy of those portions of the transcript not previously provided by the parties in conjunction with this motion, but which are now cited in our reply brief, filed concurrently herewith, are attached (along with any exhibits thereto specifically cited) as Exhibit G. 9. Plaintiff's counsel took Douglas Stolls' deposition in this matter on

July 13, 2004. I was present for the deposition. A certified transcript of the proceedings in that deposition was prepared. I have reviewed that transcript and recognize it to be a fair and accurate transcription of those proceedings. A true and correct copy of those portions of the transcript not previously provided by the parties in conjunction with this motion, but which are now cited in our reply brief, filed concurrently herewith, are attached (along with any exhibits thereto specifically cited) as Exhibit H. 11. Plaintiff's counsel took David Pertle's deposition in this matter on

October 1, 2004. I was present for the deposition. A certified transcript of the proceedings in that deposition was prepared. I have reviewed that transcript and recognize it to be a fair and accurate transcription of those proceedings. A true and correct copy of those portions of the transcript not previously provided by the parties in conjunction with this motion, but which are now cited in our reply brief, filed concurrently herewith, are attached (along with any exhibits thereto specifically cited) as Exhibit H. // //
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SF1:578899.1

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

EXECUTED this 7th day of March, 2005, at San Francisco, California.

/s/ Christopher T. Scanlan

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SUPPLEMENTAL DECLARATION OF CHRISTOPHER T. SCANLAN C-03-5183 MHP