Evenflow, Inc. v. Domains by Proxy, Inc.

Filing 354

Evenflow, Inc. v. Domains by Proxy, Inc.

Doc. 354

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David E. Bunim (SBN 44185) HAAS & NAJARIAN, LLP 58 Maiden Lane, Second Floor San Francisco, CA 94108 Telephone: [phone] Facsimile: 415.391.0555 Attorneys for Respondent Bill Criswell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KRISTIN M. PERRY, et al., Plaintiffs, vs. ARNOLD SCHWARZENEGGER, et al., Defendants.

Case No. 09-CV-2292 VRW DECLARATION OF DAVID E. BUNIM IN SUPPORT OF APPLICATION FOR ORDER SHORTENING TIME

I, Dave E. Bunim, hereby declare as follows: 1. I am a partner with the law firm of Haas & Najarian LLP, counsel for Respondent

Bill Criswell. I have personal knowledge of the facts stated herein and if called upon to testify thereto can and will competently do so. 2. This Declaration is submitted in support of Bill Criswell's Application for an Order

Shortening Time filed herewith to have his Motion to Quash heard by this Court on __________________. 3. On December 23, 2009, during the holiday season, Bill Criswell was served with a

Subpoena to Appear and Testify at trial in this matter, currently set to begin on January 11, 2010. 4. I filed a Motion to Quash as soon as practicable after determining the need therefore,

but could not obtain a hearing date prior to commencement of trial given the timing of the service of the subpoena and the notice requirement of Local Rule 7-2(a).

Dockets.Justia.com

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5.

A hearing before this Court on shortened time is necessary because trial is set for

January 11, 2010, and it is imperative that Respondent obtain a determination by the Court as soon as possible as to whether it will grant his motion to quash, so that all parties may prepare accordingly. 6. On January 5, 2010, at approximately 5:50 p.m., I notified Enrique A. Monagas of

Gibson Dunn & Crutcher LLP, counsel for the Plaintiffs who issued the subpoena, that Respondent would be filing this application for an order shortening time for the hearing on the motion. Plaintiffs' counsel has not returned my call and therefore has not agreed nor refused to have this matter heard on shortened time. 7. good cause. I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct. Dated: January 6, 2010 __/s/_______________________________ David E. Bunim The undersigned hereby certifies that this application is made in good faith and for

N:\CLIENTS\52\5294\002\Application for OST-DEB dec.doc