Public.Resource.org v. Sheet Metal and Air Conditioning Contractors' National Association, Inc.

Filing 34

Declaration of Kathleen Lu in Support of 33 STIPULATION WITH PROPOSED ORDER re 22 MOTION for Default Judgment by the Court as to Defendant Sheet Metal and Air Conditioning Contractors' National Association, Inc. filed byPublic.Resource.org. (Related document(s) 33 ) (Lu, Kathleen) (Filed on 6/18/2013)

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CORYNNE MCSHERRY (221504)
[e-mail]
MATTHEW ZIMMERMAN (212423)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, CA 94110
Telephone: [phone]
Facsimile: [phone]
DAVID HALPERIN (Admitted Pro Hac Vice)
[e-mail]
3333 14th Street NW, Suite 205
Washington, DC 20010

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MOUNTAIN VIEW

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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ANDREW P. BRIDGES (CSB No. 122761)
[e-mail]
JAMES J. VARELLAS III (CSB No. 253633)
[e-mail]
KATHLEEN LU (CSB No. 267032)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350

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Attorneys for Plaintiff
PUBLIC.RESOURCE.ORG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PUBLIC.RESOURCE.ORG,
Plaintiff,

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v.

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DECLARATION OF KATHLEEN LU
IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER TO EXTEND
TIME TO REPLY

SHEET METAL AND AIR CONDITIONING
CONTRACTORS’ NATIONAL
ASSOCIATION, INC.,

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Case No.: 3:13-cv-00815 SC

Defendant.

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DECLARATION OF KATHLEEN LU

Case No.: 3:13-cv-00815 SC

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I, Kathleen Lu, declare pursuant to 28 U.S.C. § 1746 as follows:

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I am an attorney licensed to practice in California and before this Court. I am an

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associate with Fenwick & West LLP, and counsel for Plaintiff Public.Resource.Org (“Public

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Resource”) in this matter. I have personal knowledge of the matters set forth below, and if called

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to testify, I could and would competently do so.

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2.

On May 29, 2013, Public Resource filed its motion for default judgment (Dkt. No.

23) and personally served SMACNA, noticing a hearing date of July 19th, 2013.
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By my calculation, SMACNA’s response to that motion would be due on June 12,

2013, with any further reply from Public Resource due 7 days later, on June 19, 2013.
4.

On June 17, 2013 Defendant Sheet Metal and Air Conditioning Contractor’s

MOUNTAIN VIEW

National Association (“SMACNA”) filed its Opposition to Plaintiff’s Motion for Default

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Judgment. I understand that SMACNA calculated this date as 14 days from filing plus 3 days.

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5.

Upon speaking with counsel for SMACNA, the parties agreed that, in the interest

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of allowing Public Resource sufficient time to reply, Public Resource should receive until June

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27, 2013 (7 days from the date SMACNA filed its opposition, plus 3 days), to file its reply and

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any supporting papers.

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6.

This extension will not affect the Court’s calendar. The noticed hearing date of

July 19th, 2013 is 23 days after the proposed date for Public Resource to submit its papers.
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This is the first modification of time in this case, whether by stipulation or Court

order, and will not have any effect on the schedule for the case.
I declare under penalty of perjury under the laws of United States that the foregoing is true
and correct.
Executed this 18th day of June, 2013 at San Francisco, California.

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/s/ Kathleen Lu
Kathleen Lu

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DECLARATION OF KATHLEEN LU

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Case No.: 3:13-cv-00815 SC